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HomeMy WebLinkAboutNOVEMBER 13, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL M.4YOR W/LL/AMD. SESSOMS JR., At-Large V/CE MAYOR LOUlS R. JONES, Bnvside - Disti-ict 4 GLENN R. DAVIS, Rose HaIJ - Disti-ict 3 W/LLlAM R. DeSTFPH, AbLnrge HARRY E. D/EZEL, Kempsvi[le - Disti-ict 2 ROBERT M. DYER, Ceuterville - Disti-ict 1 BARBARA M. HENl,EY, Princess Anne - Disti-ict 7 JOHND.MOSS. At-Lnrge JOHN E. UHRIN, Beadi - Disti-ict 6 ROSEMARY W/LSON, At-Large JAMES L. WOOD, Lvnnhnven -District S C[TY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE C/TYATTORNEY- MARK D. ST/LES CITY COUNCIL AGENDA CITY ASSESSOR - JERALD D. BANAGAN CITYAUDlTOR-LYNDONS. REM/AS 13 November 2012 ClTY CLERK - R UTH HODGES FRASER, MMC 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. REVIEW OF ARENA PROJECTIONS AND STUDIES Warren Harris, Director, Department of Economic Development Mike McGee, President, BARMAC, Inc. Bill Rhoda, Principal, Convention, Sports and Leisure International B. YMCA - PRINCESS ANNE COMMONS TERM SHEET Billy George - YMCA President Barbara Duke - Parks and Recreation C. REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II - Business Revenue and Personal Property Council Member William R. DeSteph Council Member Glenn R. Davis Deputy City Manager David L. Hansen II. CITY COUNCIL LIAISION REPORTS III. CITY COUNCIL COMMENTS N. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL ClTYHALL BUILDING 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc[@vbgov.com 3:00 P.M. 5:30 P.M. C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Father Charles Brindle Pastor, Church of the Ascension C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA l. CONSENT AGENDA H. MAYOR'S PRESENTATION l. LIFESAVING AWARD - Commander poug Burkhouse Churchland Assembly of God, Outpost 160 1. PUBLIC HEARINGS 1. Proposed City Charter Amendment Debt Issued by Virginia Beach Development Authority 2. Proposed No Wake Zone Lynnhaven River, Long Creek and Keeling Drain 3. Lease of City-owned Property Meyera E. Oberndorf Central Library re Coffee Shop October 23, 2012 J. ORDINANCES/RESOLUTION l. Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013 LegislaNve Agenda and City Council's goals and objectives 2. Resolution REQUESTING the Virginia Department of Game and Inland Fisheries to AUTHORIZE the City to DESIGNATE, POST and ENFORCE a"No Wake Zone" on a portion of the Lynnhaven River 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with AEN, LLC, d/b/a Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central Library at 4100 Virginia Beach Boulevard 4. Ordinance to AUTHORIZE temporary encroachments of City-owned property known as Island. Lake for MYRTLE J. AND JOHN F. DAVIS, II re remove pier/mooring piles and construct and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT 5- LYNNHAVEN) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE the Phase V Development Agreement and an Agreement SUPPORTING the Virginia Beach Development Authority obligations under the Phase V documents and REQUEST VBDA to EXECUTE supporting documents re Town Center Phase V 6. Ordinance DECLARING a Local Emergency re Hurricane Sandy 7. Resolution to ESTABLISH Inter-Facility Care, LLC and AUTHORIZE re annual EMS permit for private services 8. Ordinance to APPROPRIATE and TRANSFER a$30,000 donation from Miyazaki City, Japan, re construction costs of the Azumaya and expansion of the Miyazaki Garden at Red Wing Park K. PLANNING l. Application of BRAVA L.L.C., for Modification of Conditions Nos. 1, 2 and 12 re a parking lot at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW enlargement of the parking area (DISTRICT 6 - BEACH) RECOMMENDATION APPROVAL 2. Application of COLONIAL COLLISION CENTER, LLC, DBA Rick Hendrick Collision. Center for a Conditional Use Permit re automobile repair facility/garage at 2700 International Parkway (DISTRICT 6 - BEACH) RECOMMENDATION APPROVAL 3. Application of ROBERT and RAMONA CASTNER for a Conditional Use Permit re home daycare at 5236 Windsor Lane (DISTRICT 2- KEMPSVILLE) RECOMMENDATION APPROVAL 4. Applications of ARCHANGEL ENTERPRISES, INC., at Maxey Drive and Virginia Beach Boulevard (DISTRICT 6 - BEACH): a. Change of Zoning from A-12 Apartment to B-2 Community Business b. Conditional Use Permit re motor vehicle sales/service RECOMMENDATION APPROVAL 5. Application of MPB, INC. for a Conditional Change of Zoning from AG-1 and AG-2 Agrieultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue, (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION APPROVAL 6. Application of CITY OF VIRGINIA BEACH for a Floodplain Variance re parking lot improvements at Little Island Park 3820 Sandpiper Road (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD - CSB EASTERN VIRGINIA HEALTH SYSTEMS AGENCY GREEN RIBBON COMMITTEE HISTORIC PRESERVATON COMMISSION HISTORICAL REVIEW BOARD RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *=?****?****?***??**?x?x??=x?***:?* If you are physically disabled or visually impaired and need assistance atthis meeting, please call the CITY CLERK'S OFFICE at 3854303 2012 CITYHOLlDAYS Thursday, November 22 Friday, November23 Monday, December 24 day) Tuesday, December 25 Thanksgiving Day Day After Thanksgiving Christmas Eve (half- Christmas Day -1- VIRGINIA BEACH CITY COUNCIL Virgiiiia Beach, Virginia November 13, 2012 Mayor William D. Sessoms, Jr. called to order the REVIEW OF ARENA PROJECTION AND STUDIES, in the Ciry Council Conference Room, Tuesday, November 13, 2012, at 3: 00 P.M. Cozcncil Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, RobeYt M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None November 13, 2012 -2- DONNA PATTERSON - VOTER REGISTRAR DISCUSSION re ELECTION 3: 00 P.M. Mavor Sessoms requested Donna Patterson, Tjoter Registrar, and Al Albolwich, Chairman of the Electoral Board, attend today's meeting in an effort to address concerns regarding the waiting times during last week's election especially for the elderly and handicapped. Mr:;. Patterson advised there were a lot of long lines at various precincts and she will look at the number of curbside voters for each Precinct. Curbside voting impacts the flow of the Election because machines are taken out to the vehicle to accommodate a citizen's voting. One curbside voter takes the place of S or 6 inside voters. There were a few situations where the machines stopped working. Mrs. Patterson bell'eves the long ballot also impacted the flow of the Election and stated she does not want citizens to again wait 3 or 4 hours to vote. Mrs. Patterson will be evaluating Precinct by Precinct to have exact numbers in an effort to avoid long wait times in the future. Chccirman Albolwich stated the voting machines used were purcliased several years aga The General Assembly passed legislation that prohibited their office from purchasing any additional machines. The two primary problems with the machines are the batteries and the calibration. Mr. Albolwich advised ther•e is the next generation of software available but he is unaware what the State will approve. Hopefully, before the next Presidential Election, the machines will be replaced with new equipment. Councilman Wood expressed concern regarding the delay with checking voters in as well as specifics in polling locations. For instance, one church would not allow voters to stand inside their building while another church allowed voters to stand inside. He was wondering how that worked. Mr. Albowich advised there is an Agreement for each polling location and the Ciry must conform to their wishes and terms within the agreement. Vice Mayor Jones advised he and Councilman Moss were working the same polling locations and there wet-e several mothers with very small infants standing in line. He and Councilman Moss took it upon themselves to usher them to the front of the line and no one seemed to object. Vice Mayor Jones asked if that is something that could become a policy with Election Off cials. Mrs. Patterson advised that voting is "first come first serve "; however, curbside voting could be used in such circumstances. Coicncilman DeSteph expressed his concerns for the voters that could not stand for a lengthy period of time. He stated he was impressed with the voters' willingness to wait in the long lines but there were voters that got discouraged and left. He suggested City Council include something in the Legislative Package to express these concerns as the voting issues experienced. Councilman Diezel nzirrored Councilman DeSteph's suggestion to consider placing the request for "Early Voting" into this year's Legislative Package and ask the General Assembly to reconsider. Councilman Wood requested an explanation why the delay in reporting. "We knew the results of the Presidential Election before we knew who would be representing the Kempsville District. " Mrs. Patterson stated: "normally it is real time reporting "; however, there were some technical diff culties that night with the State Board of Election's site. Also, some Precincts had voters still voting at 11: 00 P.M. Councilman Moss advised he thought everyone did a good job considering the ciYCUmstances and he was impressed with the voters' consideration of others. Councilman Moss suggested we take a look at dernographics as he thinks curbside voting will increase. Mayor Sessoms thanked Mrs. Patterson and Chairman Ablowich for coming over today. November 13, 2012 -3- . CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES 3:21 P.M. ITEM #62329 Mayor Sessoms introduced and welcomed Warren Harris, Director - Economic Development. Mr. Hairis advised there will be two (2) presentations today. The first presentation is from Mike McGee, President, BARMAC, Inc. Mr. McGee has a long distinguished career in the sports and entertainment industry. The second presentation is from Bill Rhoda, Principal, Convention, Sports and Leisure International. Mr. Rhoda was scheduled to attend; however, his flight was delayed and as such, Patti Phz'llips, will be making the presentation with Mr. Rhoda participating via teleconference. This presentation was at the request of City Council. Mr. McGee advised this is the 17`h project of this nature he has worked on in the last 42 years. In preparing this presentation, Mr. McGee contacted several facility managers around the country with whom he has been able to work over the years. , ,..?,....;. VlRGINIA BEACH ? ' ?. F: ar,. . !:=ti-?o?,+?=r.- OPERATING PRO FORMA REVIEW PROPOSED 18,500 SEAT ARENA Prepared BARMAC I ?It By: ? November 13, 2012 November 13, 2012 -4- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Mr. McGee advised today's presentation will be looking at the following six (6) components: Pro Forma Review: Proposed 18.500 Seat Arena ARENA OPERATIONS COMPONENTS 1. Non-Team Operations 2. Major Tenant Operations 3. Minor Tenants Operations 4. Suites/Premium Seating 5. Sponsorship/Naming Rights 6. Staffing and Operating Expenses BARLiAC Thc revenue from non-team operations aggregate over $9.5-MILLION and are specifically identified below: Pro Forma Review: Prooosed 18.500 Seat Arena REVENUE NON-TEAM OPERATIONS m?xevrs ?? ?eo.??o s+oo?,.? s+mooo s+r.?ooo s?.ono sso???oo s 9,:.:w s++,•w s?.o?. s?o?4?,. s??!m? ..s. aoo Sz?sxsoo aoo Snsow snS?unam su 5 i B_A,RMAC. November 13, 2012 -5- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Mr. McGee is projecting forry four (44) events, consisting of three pre-season games and forty-one regular season games with revenue of approximately $7.3-MILLION. Pro Forma Review: Proposed 18,500 Seat Arena REVENUE MAIOR TENANT OPEftATIONS 5sx.eooaao1.o.aoo5ssz.aao 55.usaao 3 41 nu onEexpenseomaunrsinthisProFOimaareEStimatezonly.Weroovvrreryo)circumsmnresfheieisnoguo?anree these amounhwill beobtaineE. ' ?1, P , cm Thirty-six (36) minor tenant events are expected with revenue of approximately $1.7-MILLION. Pro Forma Review: Proposed 18.500 Seat Arena REVENUE MINOft TENANTS OPERATIONS 5 n oos S1uW 5 xse nlul MinorTerents-W NBA, NBA DEVELOPMENTAL tEAGUE, FiL, SOCCER,IA<ROSSE,HOCKEY Revenues anE expenuama?ntsin thiz P?o Foima are Estimotesonly. Oue ro a voiieryofcircumstances there is no guaiontee fheu omounhwill be obtoinN sng? s November 13, 2012 -6- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) The projected revenues from club seats and sponsorhips are not a guarantee; however, are in line with othcr arenas with comparable markets within the country.• Pro Forma Review: Prooosed 18,500 Seat Arena Suihs-Club Seats-PartySuites-Loge Boxes-Premium SeatsSponsonhip-Naming Righ[s suices $ io,zao,ooo PartySUi[es $ ?," QubSeats $ 7,650,000 LogeBOxes $ 1,375,000 MajorTenant5eats TOTAI $ ]9.543,000 Advertising-Sponsorship $ 4.0DD.000 MajorTenantAdvertising/Sponsorship $ F=? Naming RigMS $_ 4,500.? TOTAL $ 16,500,000 fleven?es and expense amovnts in [his Fro lorma are Estimares only Due ro a variety of circumsmnres there ls no Avaranree [hese amounts will be obmined. 6 BMMAC Pro Forma Review: Proposed 15.500 Seat Arena NON-EVENT STAFFING AND OPERATING STAFFING EXPENSE Full Time StaH 56 Employees $ 3,9]6,]00 PartTimelndirec[Staff 14Employees S 420,856 Non-EventOpeatingExpense , $4.838,000 TOTAI $9,235,556 Fevenves and expense amoun[s in Ihis Pro hrma are Ertimahs only. Oue ro a variety of cir<umrtances fhere is no guarontee these amoun[s will be obmined. BARMAC 7 u to; November 13, 2012 -7- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Pro Forma Review: Proposed 18,500 Seat Arena REVENUEAND EXPENSES REVENUE Ope?a[ions $ 16,900,000 .:premium5eating 5 37,700,OW Sponwrshlps, NamingRigh[s $ 13,000,000 ArenaDevelopmen[ e 5 1 ]00000 Fe SUBTOTAL $ 69,300,000 v? ENSCs . . Ope?ations $ ?9.300,000) TOTALOPERATINGINCOME $ 60,300.000_ OOIOGYRNDRYVROFCH i?isanu<paiea?Fat?nerz?reren?eee.?.etllwoperaoorsw ava maienemy u?onedlars?5i0.ow.oml. asenv?rvrya a n ?neira<esacM ¢. toooinaKna- 1rnalor7ename.e?«.ala111o11matea Szso,oooimvaai-.evrnue?o?Mare?+.op.raror. ? The Appendix below provides the background on what makes up each of the numbers presented today. Pro Forma Review: Prooosed 18,500 Seat Arena APPENDIX w r. eaRMnc November 13, 2012 -8- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) BACKGROUND This operoting Pro forma has been developed by BARMAC, In<. at the request of the Virginia Beach E<onomic Development Authority tor a to be constructed eighteen thousand five hundred seat (18,500) Arena venue. Based in Houston, Texas, BARMAC, inc. is a twenty-seven year old ompany that provides consulting expertise at all levels for pubii< assembly hcilities (arenas, stadiums, convention centers, thea[res, performing arts centers and amphitheahrs.) BARMAC provides opentions, ontrac[ negotia[ions, contract management, logistics, vent pWnning/booking, patron services zupport, food/beverage/merchandising, marke[ing, promotions, personnel development, feasibility studies, budget efficiencies, facility design consulution/layout, and fa<iliqtion of industry conbc[s and relationships for venues. 7he client list includes the Bridgestone Arena in Nashville, the eank Atlantic Arena in Ft. Lauderdale, loe Robbie SWdium in Dade Counry, FL, the Miami Arena, the As[rodome, Reliarrt Stadium in Hous[on (home of the Houston Tezans), Allphones Arena in Sydney, Aus[ralia (2000 Olympic Arena Venue), Etihad Sndium in Melbourne, Australia (home to sevenl AFL teams) and [he Gwinnett [enter in Gwinnett County, GA. Same of BARMAC's more recent clien[s indude ARAMARK, the NHL Pittsburgh Penguins, Fittsburgh's CONSOL Energy Center, BASE Entertainmen[ and the National Ho<key League Playen Association. This Pro forma has been reviewed extenzively with members of the City of Virginia Beach's finance and administrative departments, memben oi the Virginia Beach Economi< Development Authoriry, and members of the executive and finance dewrtments of Comcast Spectacoy the proposed manager/operator for the Arena. 7he event activity, attendance, revenue and ezpenses conbined in this Pro forma are good faith estimates. Due to a variety of <ircumstanms that could occur there is no guarantee that these amounts will be obbined. ti I F. 41A .EhC BA? u Pro Forma Review: Prooosed 18.500 Seat Arena ? ooE ? ? ? 'r BARMAC iz November 13, 2012 -9- CITY MANA GER'S BRIEFING REVIEW OFARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Pro Forma Review: Prooosed 18.500 Seat Arena hF° BARMAC Pro Forma Review: Prooosed 18.500 Seat Arena MINORTENANtOPE RATI0N3 6- u BARMAC November 13, 2012 -10- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Pro Forma Review: Proposed 18.500 Seat Arena ?mwp? m,x...cwea.ms,ms?x...b,e.e?.w.mwms ti-?e..e.?.e?sw?.=.n?r-remMa?wm. ,..,........ , ..,.»....'.,. ..a . .».. ....? ? ?.?. . ?,? , ?.,.w. ,... . ? .,.... li n. ?. BARMA C Pro Forma Review: Proposed 18.500 Seat Arena ?°- .. ..? ? , , . r (=' BARMAC ` 16 November 13, 2012 -11- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Pro Forma Review: Prooosed 18,500 Seat Arena PART TIME INDIRECT STAFFING EXPENSE ow?„i oa.,w ?.w s . .t , .eoo ow.ma s?m s i t ? : vinc n? ?? BARMAC . 17 0- Pro Forma Review: Prooosed 18,500 Seat Arena r s s.mo S +!? WJ ??n9zwle?neva .. Cmqep:tiBaR?ae .. S ??? fcO.Ka.. f £qpmeN??..AwNLme f ??.aW. 4CP??s,v+rMwa.?.iee?. 6. rvun?PVUa?I+mutmm? S Y..oY? Mnnuwaine.aoena S tmro] 6 Ireiem?ena S ?swv Lsmqyy: .. ... S ? w.aa f Tvca L?on S ?. r ?]8 BAMAC November 13, 2012 -12- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Pro Forma Review: Prooosed 18,500 Seat Arena REVENUE AND EXPENSES nu[ i oce?,uo?: ms a,?se +??5 enan?s wcroui5 u,ws?w m:5 .u2 .es5 sn5. .1&190BroJ .. ??B?saxnic5 slMSpmaw.W S . gaign? 5 Nemin no5o,t? Subfaul$ .. 5o,i5o,sos . anmoeveoa ^? . em5 . . Subioul t?32000 ... .... EXPENSES aee?n SuH$ ' 13.v1s.zaol;:.. . no?<.e?iaeiareeP uir5 IarvRwl s xan<wntnelrtW --...?...- ope• rses5 It.ele.W01 me15 I9.i3s,556?_ TOTALOPERaFd 5 Mayor Sessoms thanked Mr. McGee. November 13, 2012 -13- CITY MA NA GER'S BRIEFING REVIEW OFARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Patti Phillips, Director- Finance, presented on behalf of Bill Rhoda, Principal, Convention, Sports and Leisure International. Mr. Rhoda was scheduled to attend the meeting but due to transportation delays will be participating via telephone conference. Below are the topics to be covered in this Briefing: TABLE OF CONTENTS 1. CSL FIRM INFO 2. DEMOGRAPHIC COMPARISON TO OTHER NBA MARKETS (SCOPE ITEMS #1 & #2) 3. SELECTED VIRGINIA VENUES (SCOPE ITEMS #1 &#2) 4. COMPARABLE NBA & NHLARENAS (SCOPE ITEM #1) 5. NBA OVERVIEW (SCOPE ITEMS #1 & #4) 6. ANALYSIS OF COMCAST-SPECTACOR/BARMAC PROJECTIONS (SCOPE ITEMS #4 & #5) 7. ANALY515 OF KOCH ECONOMIC IMPACT (SCOPE ITEM # 6) 8. LITERATURE REVIEW (SCOPE ITEM #3) 9. REVIEW OF PREVIOUS CSL ARENA COMPARATIVE FORECASTS (SCOPE ITEM #3) November 13, 2012 -14- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) The charts below provides the firm 's background.• .o.,,? ='?w,,,? ': ,molv C n._ver1,CUGengagemen:s WE , FI R M IN EO ?NV NTIONS SPQRTS & nEiSURE fNTERNATIONtL ICSIi d-o,-dp n I .2 .. l. . q. F .d. .. It- y-e? - t tne sFc t ., r,a nir nc le sure rssi?? wAh prcjert p.anniiiy Credbliryinthe:narketF:ace • Knowixdgeo!tzngibteanA intangibte .ompor.eNS - ' EI; YNars of sp_citk ?po7s incustry _o-ltir,, erpeneni. ompr?hensive F°-'spectivx o( ivux; rctients • Maxi.n? notentlalrevan.:es November 13, 2012 -15- CITYMANAGER'S BRIEFING REVIEW OFARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) 2.0 DEMOGRAPHIC COMPARISON TO OTHER NBA MARKETS (SCOPE ITEM #2) NOTE: CLARITAS DATA PFOVIDED USES 2012 PROJECT/ONS FROM 2010 CENSUS November 13, 2012 -16- CITY MA NA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Virginia Beach stands out as a competitive market as the City does not have a major franchise. Population per Franchise Comparison - NBA & NHL Markets ? . . .?.. ,"m,•, _ ?? 60-minute Drive Time Population - U.S. NBA Markets io[en?lal Reloailon Merkets M1Lrket Natiis atlm ANPHEIM 30 91)6600 SEAinF ? 616 338 NANSASCITY OU ??:2018316 NSVEGAS 40 .:.._395U133 LOUISVILLE November 13, 2012 -17- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Median Household Income - NBA & NHL Markets ? a¢e (rve?M? ????+1 ax Ixen uxrrm.tee) mw- N/n $52,5 N/n N/A VILLF N/P Adjusted Median Household EBI - NBA & NHL Markets ? Effecttve buytqg lxome (EBI) is.. defined os : an indWWua/ s' disposabte income ]ess alf' yovemment tqxes. EB! k i6m...adjusted Jor tost of 17ving. lodex.to establisll AdJns[ed EBI. .mM+ November 13, 2012 -18- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Corporete Inventory per Franchise - NBA & NHL Markets ....?.?- - Mr. Rhoda stated that the market itself is consistent with other single market tenants when you take into consideration the lack of competition. Demogrephic Comparison Summary - NBA & NHL Markets I November 13, 2012 -19- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Excluding the John Paul Jones Arena, this area misses top 200 events in the country. Selected Virginia Venues Summary Emnts .mbl _ =M1owa _ Ewnts _ Sa onz?unt nMlj'cx olk /dmir u?iren? a?n.s? i3 35 35 November 13, 2012 -zo- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) 4.0 COMPARABLE NBA/NHL ARENAS (SCOPE ITEM #1) Below are the comparable facilities: Comparable Facilities Summary naNane AT&TC Lantion 5 A ' l% YeerOperied 1002 irolecfCart $177W0000 E.dW 2014 Pro0ctCmt %VUbk %VrNete $218000000 69% 31% Nnw C OI d FL 2010 5480000000 $509000000 8) 13 5P' C K C'N MO 200) 5?2)6000000 1308000000 ]'/ 33 Ch k E lv Okl h Oty, ON 2002 $193700W0 Il l $14B000000 100 0 Bd A N h-II TN 1996 $15J600000 $233000000 ]00 0 NF<V C L-11 1O10 $349000000 5370000000 SC 66 CONSOIE C G b h PA 1010 $321000000 $301000.000 93 ) N\' 'tl A C 1 ON W ]000 5138300000 $186000000 0 100 T CbIN Ch I NC 2005 $365W0000 $314000000 87 13 B k lif F'eldh I tl' I' IN 1999 $2110000D0 $29<000000 68 32 FetlEvF M h' TN 2004 $150000000 $306000000 8] 13 N 01 N N 01 lA 1999 $112000000 $156000000 90 10 ?i) uneerwen? a 5103.5 miii?o? renwa?ion in xOtt November 13, 2012 -21- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Comparable Facilities Summary (cont.) Arena Name T W Tolal NeWs AT&TC 5 A - 5 INBA15 nMton'o51ver51ars(WNBAI SanAntonloRamva&e1AH ll 14J A C O I d M p' INB/+1 01 d F ed (RFI) Olando5olarBearslECHt) 1)4 5 C N WA Ch p k E A Okl h C' Th d INBA 115 B'd A N h'll V ed INHLI SOC NFCY C L 'll C d' I Ahl INCM) , 244 fONSOLE C F'tt b hP INHLI Pb hP werl/+F11 153 N -d H C I b BI 1 k INHL) L77 T W C bl N Ch I B 6 INB/1 Ch I Ch k IAHII 163 B k L'f F' Idh I d' P ?NBA1 I d' F IWNBAI 104 Fed6F M h' G' I' INBaM h' T' INCM? 101 N OI A NewOI H H LPA1 Ne OI V d IAFLI 91 November 13, 2012 -zz- CITYMANAGER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM # 6232 9 (Co n tin u ed) NBA Average Paid Attendance Poidattendanccdoes . •?.•M.? "90° noifndudesuftemler, ; <^^4°°° 10'°° butYrginioBeach . . preleclions arc =lndusive oJwite seats Average NBA Ticket Price Based on Gate Receipts and Paid Attendance ?.. s?. ? ..? s„sss ?•,„•? sw .. . m t.? .?. .?. ?? s.:H . ?„ ... ? a ?.w. . . ... _. .. _ . . . _ . . sos:e-s•o s.o sw s?? s?:o s?e •AVem9 txckei price f.rVilginia Beach is d pated ro Sl0•00 ro motch prices of2013 NBA smson November 13, 2012 -23- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Premium seating is an important factor and the City is right in line with the averages. NBA Arena Premium Seating I NBA Arena Naming Rights I T?= I The joflowing cAart oudines noming rlghts cantracts for many of the NeA-onty arenas . (PNCis NHi-only, shown jor reyional mmporison) ..,., ....?.a ,a. ...?..a ??. ,..,?n . _ ? ? _ ?.a,. ??.,•? ?.a.. m..,•? November 13, 2012 -24- CITY MA NA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) NBA/NHL Market - Suite Penetration Analysis I NBA/NHL Market - Club Seat Penetration Analysis ? November 13, 2012 -25- CITY MANA GER'S BRIEFING REVIEW OFARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) High numbers are expected with a new team coming to the City and could even be low in model numbers with premium seating. Analysis of Arena Projedions Variables Discussion Commenfs Attendance Projec[ed paid attendance of 16,000 per game is There should be an higher than the NBA average, but includes suite expe<ted spike in attendance sales.Theaveragepergamepaidattendance duringthefirstfewyeanof has been around 14,000 in re ce nt yean excluding oouration, but attendance levels c Id stabiliie around the NBA suite sales. Difference in estimates impact team average over time. Revenues more [han owner revenues. In markets milar to Virginia Beach, paid attendance (ezcluding suite salez) is: New Orleans (11,986), Orlando (16,359), Memphis (8,688), Oklahoma City (15,963). % Revenue Allotations A lease would have ro be negotiated to The recommended revenue determine revenue allocatlons. allo<ations all depend on the lease struc[ure, which iz to be negotiated. Building Expenses /1 key observacion regarding projected builAing Expenzes are reasonable when expenses is the projected event load compared considering similarsized arenas. to the amount of projecced costs. Projected utilities are an eXpense category [hat should be especially monitored as a higher utiliry enpense would need ro account for the larger number of projec[ed events. November 13, 2012 -26- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Analysis of Arena Projections L"'__ vo? com p o-ps/NamirgPi9ha aa sMCesu be5<s na s ip e e??eorna g siisMdvn?9K'??.a oµ5a,o ?In 3012 ao11ars1 m x ng?lerenan NBn n?liemgx. vrcmwm Swtiny qKn,y a Noae?uxtmen?nemea m.Y?norv . rvoda,?.?me???.ee.e ry?cMo parN[zueusVana ao iogefbo?es? ro?neub EveM(eveb < <rve-ionsnaie ^'M e Oilirymanranevmn {oMertTnun?unm?PMr? Bx? e tmmvettbn as w 9e nrertuvaclryinM1 mus[beronsieere. FoaEpnEBevnage oodanEbeverageprolKnansarereamnade NoatlNStmm[neNeE MsrthanJise MerclunEiuprojectlonsarereawnable. NoaEjuzMentneeded ikkefRitts Vrojtt(etlti- pricesare<omishn[wiqleague Noadjus[mentneeded averages 7.0 ANALYSIS OF ECONOMIC IMPACTS (SCOPE 1TEM5 #3 #6) November 13, 2012 -27- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Mr. Rhoda advised the numbers from Dr. Koch may be a little low as the team revenue was not considered. Analysis of Economic Impact Study • An economic impact study was completed for the City by Dr.lames V. Koch • The study relied on the project's revenue estimates provided by Comcast- ; Spectacor. These projections will have a ? direct effect on the outcome of the - economic impact for the city and region. Analysis of Koch Economic Impact Study • The Koch analysis focused on the one-time impacts of the construction period as well as the on-going impacts from the arena • It was uncertain to what extent the impacts from other team operations were included in the analysis • The impacts were only shown for the Hampton Roads region and then an estimate was developed specifically for the City of Virginia Beach • The analysis estimates the total direct spending in Hampton Roads at $66 million with total output of $98 million and 1,230 new jobs; net new annual fiscal impacts to Virginia Beach were projected at $5.2 million • The spending estimates in the Koch analysis appear reasonable and may be low assuming the analysis does not capture ali team operations n?k: econrnnc ?nir?cr (14' T?14. PROMI?i'.? \Iif.\A 1\ l-1HGlili NF:AC'H a?4, November 13, 2012 -28- CITY MANA GER'S BRIEFING REVIEW OFARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) Operetions Impacts from CSL 'The following chart shows enimated economic.tmpac[s'. 'from annual operations using.,.(SL International's `T°v1OOro'? methOdOlOyy --i 20-YearNPV Annual o erational im acts would include direct s39aaoa,ooo ss,o?o,sos.aoo P P NetNew SIS1,144,000 $2.318.636,000 spending of $92 million for the City of Vv'irginia Beach and $152 million in total output. 1,900 jobs would be created that would be supported by $61 million in eamings. New local annual tax revenue ^^^?W 2ov- Nrv ^ia net of disalacement would total $8.9 million. ?•??= 4,e70 Net New 1,910 n/a ....DirettS e?Mln .. annuoi HFYearNPV ?Effects a-uoi zoxeorNrv Gross $236,325,000 $3,E01,531,n00 NetNew 592.3]B,OOD $1,407,819,- Gioss $119,916,000 $1,827,488,OW Net New $6f1,694,000 5924,954,000 .. .tax Annual IO.Y- NFV Grass $12,665,000 $196,065.000 NetNew B,89],OW 335,593,000 • Most of the opposition from the financing of public assembly venues comes from a select set of individuals • Sports facilities have proven to provide "net new" spending in a defined area (city, county, state) through visitors spending in the area if the facility did not exist • Often they provide no specific data which can be used to evaluate reasonableness of the the various impact analyses • Some of their concerns are legitimate and require adjus[ments to data to reflect "neY" new estimates • One specific and accu2te concern of academic individuals is that government ezpenditures on stadium and arena su6sidies carry opportunity costs which are never addressed • The Heritage Foundation study (Utt) fails to consider other economic factors (crime, unemployment rates, national economic policies, etc.) that may have contributed to the declining economy November 13, 2012 Review of Literary Criticisms of Sports Facility Impacts I'" -29- CITY MANA GER'S BRIEFING REVIEW OF ARENA PROJECTIONS AND STUDIES ITEM #62329(Continued) American Airlines Center Economic Impact Case Study • CSL International was retained in 2006 to estimate the economic and fiscal impacts related to the BEFORE CONSTRUCTION operation of the American Airlines Center and the W°i emerging Victory Park real estate development. ?iQ The impacts associated with the AAC and Victory Park significantly exceeded the City's expectations. In 1997, the City of Dallas commissioned an economic impact study in order to determine the potential impacts of the AAC and Victory Park. • The bonds for the American Airlines Center were scheduled to retire in 2027, but instead retired qFFER CONSTRUCTION early in 2011. The table below compares the 1997 projections with the 2006 study. 1997ProjeRions 20065tu Jobs 8,100 11,000 City&LocalTaxRevenues $llmillion $20million AnnualTotalEconomicActiviTy $752million $10billion American Airlines Center Economic Impact Case Study I ,?^= BEFORE CONSTRUClION November 13, 2012 -30- CITY MANA GER'S BRIEFING REVIEW OFARENA PROJECTIONS AND STUDIES ITEM #62329(ContinUed) American Airlines Center Economic Impact Case Study I Mr. Rhoda advised 90 to 95% of all studies CSL has completed have exceeded their projections. MayoY Sessoms thanked Mr. Rhoda for his participation today. November 13, 2012 AFTER CONSTRUCTION -31- CITY MANA GER'S BRIEFING YMCA - PRINCESS ANNE COMMONS TERM SHEET 4:33 P.M. ITEM #62330 Mavor Sessoms introduced and welcomed Barbara Duke, Parks und Recreation. Ms. Duke Briefed Ciry Cozincil re: ?? e ? .?.? < , - ., ? { ?r _--- - -?? - Project Partners r?rW18 T41Q'.?w: ?CtiL) {A?tRt,?-/'i? ? tk tP1elr Novernber 13, 2012 -32- CITY MANA GER'S BRIEFING YMCA - PRINCESS ANNE COMMONS TERM SHEET ITEM #62330(Continued) ?p roject Goals and Benefits _Z° The YMCA meets the need for an indoor community recreation facility for the surrounding neighborhoods for the next decade or more. The 50 meter pool will provide new opportunities for regional meets and Olympic training. <s The project compliments existing team-oriented athletic venues at Princess Anne Commons and also adds opportunities for individual fitness and family activities. The project will generate increased visitation and visibility for Princess Anne Commons Athletic Village. 4 November 13, 2012 -33- CITY MA NA GER'S BRIEFING YMCA - PRINCESS ANNE COMMONS TERM SHEET ITEM #62330(Continued) YMCA Project Terms The term sheet for this project was executed on June 1,2011. The YMCA is now requesting revisions to the terms listed in the June i, aou agreement. The Property is currently owned by the City and has not been transferred to YMCA. Ms. Duke advised the YMCA is asking for revisions to the term sheet. ? YMCA Original Project Terms June i, aou Term A The YMCA will construct and operate a community facility to offer recreational and educational programs and services to the community. The Project will be approximately 40-45,00 square feet and the estimated construction costs are $io,ooo,ooo (this includes construction of the pool). Preliminary site plans are attached as Exhibit B. November 13, 2012 -34- CITY MANA GER'S BRIEFING YMCA - PRINCESS ANNE COMMONS TERM SHEET ITEM #62330(Continued) Original Project Plan qi,ooo squarefoot YMCA building with -?_ indoorpool ?,.. ?. , f,. . r? i gometercompetition , ?Q` pool with architectural membrane Outdoor sprayground that will share bath house facilities with 50 meter pool Outdoor shelter and - ? play area - Billy George, President - South Hampton Roads YMCA, advised they need more time to raise money. The group has raised approximately $400, 000 this past Summer, plus $60, 000 just this past week. In order to move fonvard on this project, the group needs to raise $1-MILLION. , _ .. . ?? YMCA Revised Praject Terms Praposed Term Revision aa? The YMCA is requesting a revision to the Project Plan. The initial phase of the project will now include a 35,000 square foot YMCA building with an outdoor pool, shelter, play area and the outdoor 50M competition pool. e=The enclosure of the YMCA pool, the outdoor spray ground the architectural membrane for the 50M competition pool and it's bathhouse are no longer part of the initial phase. There is no construction timeline for these items. n November 13, 2012 -35- CITY MA NA GER'S BRIEFING YMCA - PRINCESS ANNE COMMONS TERM SHEET ITEM #62330(Continued) Proposed Praject Plan 35,00o square footYMCA = k ?; building with - outdoor pool Outdoor go meter r nz e competidonpool a Outdoor shelter and play area 1?R1\(p ' ss A h Completion by wY?: ? e Co?MO-vs Yh1Cq "I .... V(1kJ June 2015 YMCA Project Terms june i, ao?i Terin aae The project shall include a fifty (50) meter competition pool. The pool shall be covered by an architectural membrane or similar material able to withstand sustained winds of at least uo miles per hour. Praposed Term Revision ifry (50) meter ss The f competition pool will be constructed as an outdoor pool. November 13, 2012 -36- CITY MANA GER'S BRIEFING YMCA - PRINCESS ANNE COMMONS TERM SHEET ITEM #62330(Continued) YMCA Praject Terms June i, aaii Teran If the YMCA has not begun construction on the Project(including the pool) by December i, zoiz, the title to the Property may, at the City's option, revert back to the City at no cost. Praposed Rezision ??- The YMCA is requesting a 6 month extension to start construction by june i, 2013. Construction end date will be set at June i, 2015. N- 1101?;? ? ? - _> . ,. - a9 , .??. ? N ext Ste ps November 27, aoiz a< City Council vote to revise term sheet. ianuary - June 2913 ?-° DevelopmentAgreement is drafted between City and YMCA »I6 Development Agreement brought to City Council for consideration property transferred to YMCA Permit approval and construction une 2015 °9s Construction complete Mayor Sessoms thanked everyone working on this Project. November 13, 2012 -37- CITY MANA GER'S BRIEFING REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II 5: 03 P.M. ITEM #62331 Mayor Sessoms introduced and welcomed David Hansen, Deputy City Manager. ry.?htA BF.?t?i ? f{taII? `?'` Revenue Assessment and Collection System ey 4J RACS P h a se 11 Business Revenue, Personal Property & Miscellaneous Receivables City Council Technology liaisons Bill DeSteph Glenn Davis Decision Briefing for City Council DCM Dave Hansen 13 November 2012 Mr. Hansen provided the "Bottom Line Up Front" regarding this project in the below slide.• BLU F BOTTOM LINE UP FRONT > In 2001 we committed to a buy strategy to create an integrated Tax Assessment & Collection System i In 2003 CIP 3-200 was scoped and $11.5M appropriated to date ? Nine years later we have completed Phase I of the requirements (Real Estate) and though the Assessor applications are func[ioning very well the Treasurer product is less than satisfactory : We need to create Phase II & Iil solutions (BUSiness Revenue + personal Property as well as all other Miscellaneous revenues) :Staff conducted a thorough analysis of the industry and issued an RFP followed by an exhaustive evaluation to arrive at a preferred vendor i We wrrently have $2.85M remaining which is insufficient to complete a modernization strategy for BR &PP i The RACS Advisory Board recommendation is to remain with a buy strategy, reprogram current technology CIP funds, negotiate the best & final, award contract and implement new Phase II November 13, 2012 -38- CITY MANA GER'S BRIEFING REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II ITEM #62331(Continued) Project Funds Analysis Summary Item Amount CIP 3-200 : Revenue Assessment & Collections System $11,924,799 [2001 - Current] i CIP 3-615 : BR/PP RACS Implementation [2010 - Current] $952,000 Minus Program Ezpenditures ($9,923,787) RemainingAvailable Funds $2,953,012 Minus BR & PP Analysis and RFP Expenditure ($101,185) CurrentBalance $2,851,827 Summary of COA Costs Estimation = 24 to 36 Month Implementation Course of Action Year 1 Costs Year 2 Costs Year 3 Costs Total Costs 1 Sustrm Legacy Mainframe and S488',240 $488,240 . . $494,640 : $3p71,120 Departmental.Applications . . . . . . 2. Appropriate additional funds for ? $5,721,171 ... ... $5,721,171 u4on COTS sol 3. Phased.EOntract for.COTS Solutron w/ Breakpomts . .. . . . 3a. Base sys[em then build out $3,158,156 S2,727,297 $1,316,120 $7,201,573 3h.EStabiishFoundatianFnst $1,746,117 $2,933,034 ..$2,522,460 :. $7,103,611. 3c. Phase by Revenue Type $2,575,329 $2,775,124 $2,047,707 $7,398,361 3d. Start small $2,114,218 $2,860,704 ;. ? $2,600,516 . $7,575,438 4. In Hause Development 4a. Exrsting caAaciry Pluz $2,944.927 $2,944,927 .$2.944,927 . $8.834,762? FTE:contraCted.labOY SpI1C 4b.Ezisting capacity pluz 100% $3,891,153 $3,891,153 $3,891,153 $11,673,461 ontracted labor 5. T nsformaHon of legacy systems $917,351 $1;891,353 -'. TBD $2,806,704November 13, 2012 -39- CITY MANA GER'S BRIEFING REAL ESTATE ASSESSMENT AND COLLECTIONSYSTEMPHASE II ITEM #62331(Continued) Course of Action Assessment Courses of Action Risk Assessment Satisfaction Rating .._... ..... _.._. _,.. _._._ 1. Maintain Curtent F' C 2. Award Contract B A .{- 3. Phased Contract Award - D- 6 4. Build Solution In-House C B 5. Tronsform Legacy Systems e D Mr. Hansen advised if the City does nothing eventually the tax laws will change and, in turn, we will not be able to make changes to our current software. Staff recommendation: r Course of Adion #2 - Authorize additional funding, negotiate a Best and Final, award COTS solution to preferred RFPrespondent Rationale: • Customer preference - plausible solution • Deployed throughout Virginia-accepted by multiple localities • Maintains the City's `buy' strategy • Vendor has a history of good production support • Vendor is converting to a web based environment November 13, 2012 -40- CITY MANA GER'S BRIEFING REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II ITEM #62331(Continued) COA 2- Appropriate additional funds for COTS solution Costitem TotalCosts Base software cast .. : . . $1;591,420 Vendor Implementation Services $1,183,900 F rst year of Produttion ongoing support . .. . $248.868 5416,298 Software customization (15%6asesoftware+services) TOTALUENDORPROIECTCOSTS . .. . .$3,440,456 Software Development($105/hr/mnsulWnt X 3300 hours) $346,500 Server/System Saftware costs . $92,331 Offi<e staff(customer) augmentation: temporary during project COR & TRO - 2 PT staff for each office $280,000 ComlTProject staff: T a FTE for development, implementation andapp sus[air?meM (SA II7 =$104,404/yr). Rbject requ re:ment = 2 years plus conversi on to operational'. fundmg.post go-trve. . . . . . .. $417,600 quality Assuran<e Oversight (1 x fTE Ciry Audi[or) TOTALC(TYaROJEETC057S . . ',$1,136,451 CONTINGENCV (25%ofTOtalprojectcosts) $1,144,234 TOTAL PROJfCT COSTS ': . .. $5,723,171 Balance needed to Negotiate a BAFO is $2•9M Resource Options 1. FY12 End of year funds 2. Substitute FY13 CIP funds: :- FROM: CIP 3-142 - Public Safety Broadband • Due to legislative changes this project cannot be started this year • Funds available for transfer: $7.SM • Funds will need to be restored in FY14 l TO: CIP 3-615 BR/PP RACS Implementation November 13, 2012 -41- CITYMANAGER'S BRIEFING REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II ITEM #62331(Continued) RACS Phase il Next Steps 1. Guidance from City Council 2, Conduct BAFO with Vendor 3. Finalize Award Costs 4, Receive Balance to Complete 5. Award Contract 6. Establish Project Timeline RevenueAssessment ' & ., .?.%`Collection System ?vv Clty COU11C11 Questions & Discussion Business Revenue & Personal Property Mayor Sessoms thanked Mr. Hansen. November 13, 2012 -42- CITY COUNCIL LIAISONREPORTS S:ZIP.M. ITEM #62332 Councilman Uhrin and Councilman Wood provided the following reports regarding HRT that are made part of this record. Mr. Uhrin also advised the Convention Center Bureau conducted a study recently regarding the events people are attending when using Light Rail. The study shows the average overnight stay incYeased by 50% and people stated they would use Light Rail to visit neighboring cities. November 13, 2012 -43- CITY COUNCIL COMMENTS 5:26 P.M. ITEM #62333 Cozcncilman Moss requested information on Medicare now that Healthcare is not going to be repealed, both on a state and local level. ITEM #62334 Mayor Sessoms advised Admiral Gortney's reception on the 19`h and asked that everyone respond to the invitation. Also, the City is celebrating its 5e Anniversary next year and it is going to costs approximately $200, 000 to host events throughout the year. The Sister Cities Association of Virginia Beach has been authorized $50, 000 for a"Sister City " event. November 13, 2012 -44- AGENDA REVIEW SESSION 5:28 P.M. ITEM #62335 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOL UTIONS 1. Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013 Legislative Agenda and City Council's goals and objectives 2. Resolution REQUESTING the Virginia Department of Game and Inland Fisheries to AUTHORIZE the City to DESIGNATE, POST and ENFORCE a"No Wake Zone" on a portion of the Lynnhaven River 3. Ordinance to AUTHORIZE the City ManageY to EXECUTE a lease with AEN, LLC, d/b/a Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central Library at 4100 Virginia Beach Boulevard 4. Ordinance to AUTHORIZE temporary encroachments of City-owned property known as Island Lake for MYRTLE J. and JOHN F. DAVIS, II re remove pier/mooring piles and construct and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT S- LYNNHAVEN) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE the Phase V Development Agreement and an Agreement SUPPORTING the Virginia Beach Development Authority obligations under the Phase V documents and REQUEST VBDA to EXECUTE supporting documents re Town Center Phase V 6 Ordinance DECLARING a Local Emergency re Hurricane Sandy 7. Resolution to ESTABLISHInter-Facility Care, LLC and AUTHORIZE re annual EMS permit for private ser-vices 8. Ordinance to APPROPRIATE and TRANSFER a$30, 000 donation from Miyazaki City, Japan re construction costs of the Azumaya and expansion of the Miyazaki Garden at Red Wing Park Item #1 - Chesapeake Beach item REMOVED; Extension of Absentee Voting ADDED; and the Development Authority item shall be considered separately. Councilman DeSteph and Councilman Moss shall vote a verbal NAY on Item #5 November 13, 2012 -45- AGENDA REVIEW SESSION ITEM #62335 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING Application of BRAVA L.L.C., foY Modi acation of Conditions Nos. 1, 2 and 12 re a parking lot at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW enlargement of the parking area (DISTRICT 6- BEACH) (Removed Modification #12) 2. Application of COLONIAL COLLISION CENTER, LLC, DBA Rick Hendrick Collision Center for a Conditional Use Permit re automobile repair facility/garage at 2700 International PaYkway (DISTRICT 6- BEACH) 3. Application of ROBERT and RAMONA CASTNER for a Conditional Use Permit re home daycare at 5236 Windsor Lane (DISTRICT 2- KEMPSVILLE) 4. Applications of ARCHANGEL ENTERPRISES, INC., at Maxey Drive and Virginia Beach Boulevard (DISTRICT 6 - BEACH): a. Change o Zonin from A-12 Apartment to B-2 Community Business b. Conditional Use Permit re motor vehicle sales/service 5. Application of MPB, INC. for a Conditional Change o Zonin from AG-1 and AG-2 Agricultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue (DISTRICT 7- PRINCESS ANNE) 6 Application of CITY OF VIRGINIA BEACH for a Floodplain Variance re parking lot improvements at Little Island Park 3820 Sandpiper Road (DISTRICT 7- PRINCESS ANNE) Itein #S shall be deferred to December 4, 2012. November 13, 2012 -46- ITEM#62336 Mavor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711 (A)(3). Acquisition/Disposition of City Property: Princess Anne District November 13, 2012 -47- ITEM#62336 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:11 P.M. Voting: 10-0 Council Members Yoting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood CouncilMembers YotingNay: None Council Members Absent: John D. Moss stepped out (Closed Session S: II P.M. - S: SO P.M.) November 13, 2012 -48- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 13, 2012 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY CDUNCIL in the Ciry Council Chamber, City Hall, on Tuesday, November 13, 2012, at 6.•00 P.M. Coi.cncil Members PYesent: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood Council Members Absent: None "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and INVOCATION: Father Charles Brindle Pastor, Church of the Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Cofzstitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TolvneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Recalty, which is an affiliate of TowneBank. In ordeY to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual oY potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of MaYCh 24, 2009, is hereby made a part of the record. November 13, 2012 -49- Vicc Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years agq Fulton Financial Corporation ("Fulton Financial ') purchased Resource Bank. On Mai-ch 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of trartsactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in whiclz Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letteY and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appYOpriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the Yecord. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman 's tYaiisactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her pYactice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be Yecorded in the official records of City Council. Council Lady Wilson regulaYly makes this disclosure. Council Lady Wilson's letter of.Ianuary 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent aff liation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of Ciry Council for the pufpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's Zetter ofJanuary 27, 2004, is hereby made a part of the record. November 13, 2012 -50- Iteni -VI-E CERTIFICATION ITEM #62337 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Coitncil Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cozincil Members Absent: None November 13, 2012 R E S 0 L U T 10 N CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #62336 Page 46, and in accordance with theprovisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ycluth Hodges Fraser, MMC Ciry Clerk November 13, 2012 -51- Itena -VI-F.1 MINUTES ITEM #62338 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 23, 2012. Voting: 10-0 Coz.cncil Members Yoting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.• None Coicncil Members Absent: None Council Members Abstaining.• Rosemary Wilson (she was absent October 23, 2012) November 13, 2012 -52- Iteni -VI-H.1 MAYOR'S PRESENTATION ITEM #62339 LIFESAVING AWARD - Commander poug Burkhouse Adam Belcher .Iames Bracy Mayor Sessoms recognized Adam Belcher and James Bracy for their brave and selfless act on August 26, 2012, in saving the lives of a man from Massachusetts and his two children that were caught in a riptide while swimming at the Oceanfront. Adam and James heard the cry for help and immediately knew the family was caught in a riptide. The two swam towards he family thYOwing their body boards to them and was able to swim them to shore. Duc to the gallant and rapid response in this critical life saving situation, Adam Belcher and James Bracy are declared "Virginia Beach Life Savers ". November 13, 2012 -53- Iteiii -VI-I.1 PUBLIC HEARING ITEM #62340 Mavor Sessoms DECLARED A PDBLIC HEARING: PROPOSED CITY CHARTER AMENDMENT Debt Issued by Virginia Beach Development Authority There being no speakers, Mayor Sessoirts CLOSED THE PUBLIC HEARING. November 13, 2012 -54- Iteriz -VI-I.2 PUBLIC HEARING ITEM #62341 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED "NO WAKE" ZONE Lynnhaven River, Long Creek and Keeling Drain There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 13, 2012 -55- Iteni -VI-I.3 PUBLIC HEARING ITEM #62342 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY Meyera E. Obernodorf Central Library re Coffee Shop There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 13, 2012 -56- ADOPT AGENDA FOR FORMAL SESSION ITEM #62343 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 13, 2012 -57- Item -VI-J ORDINANCES/RESOL UTIONS ITEM #62344 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1(REMOVED CHESAPEAKE BEACH ITEM/ADDED EXTENSION OF ABSENTEE VOTING ITEM/ EXCEPT THE DEVELOPMENT AUTHORITY ITEM, WHICH SHALL BE CONSIDERED SEPARATELY), 2, 3, 4, S(Councilman DeSteph and Councilman Moss shall vote verbal NAY), 6, 7AND 8. Yoting: 11-0 (By Consent) Cozincil Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coiincil Members Absent: None November 13, 2012 -58- Item -VI-J.1 ORDINANCES/RESOL UTIONS ITEM #62345 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, (REMOVED ITEM CHESAPEAKE BEACH ITEM/ADDED EXTENSION OF ABSENTEE VOTING ITEM), Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013 Legislative Agenda and City Council's goals and objectives Voting: 11-0 (By Consent) CoiincilMembers VotingAye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coisncil Members Absent: None November 13, 2012 1 A RESOLUTION ADOPTING THE CITY'S 2013 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2013 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2013 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 : That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2013 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 13th 32 day of November , 2012. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office IXI- , Z--- City Attorney's Office CA12468 R-1 November 6, 2012 LEGISLATIVE AGENDA GENERAL ASSEMBLY SESSION 2013 Adopted: November 13, 2012 Originally submitted to City Council: October 5, 2012 a?'s^?, Legislative Agenda ?. ? General Assembly Session 2013 1: PREFACE As we approach the upcoming 2013 General Assembly Session, we are aware of several issues that need to be addressed. Although the Commonwealth has ended the fiscal year with a relatively small surplus, K-12 Education is funded at approximately the same level as in 2008. Another financial concern is the repayment of the Virginia Retirement System (VRS) fund debt. Among a multitude of other issues, is the unprecedented requirement that the General Assembly has placed on localities to provide local aid to state governments in the amount of over $50 million a year. During the 2012 session, the General Assembly did attempt to address the long-term financial stability of the VRS. Those changes will certainly assist making VRS more financially viable in the out years. However, it will have a relatively small impact for the next decade and beyond. Still, the General Assembly is to be congratulated for this effort. The General Assembly has yet to address the issue of transportation funding with a stream of reliable revenue enhancements. Certainly, tolls will have to be part of transportation financing moving forward. However, the pushback from the public over the Elizabeth River Crossing Project, the proposed tolls on I-95 in Southside, and the doubling of tolls on the Dulles Greenway to pay for the Metrorail extension in Northern Virginia, show tolls are not the only solution. The City has been working with the Urban Crescent localities to identify the needs for transportation funding. This effort has provided evidence that 80% of the income tax and sales tax is generated from a relatively small portion of the state. This area has a crumbling transportation infrastructure, which is demonstrated to the extreme in the state of repair of the interstate system in Hampton Roads and the lack of capacity coming in and out of the region, the need to improve major facilities, such as I-264, the widening of I-64 on the Peninsula, providing additional crossings in Hampton Roads, I-64 in Chesapeake from Battlefield Boulevard to Bowers Hill, and multiple other projects. In our best years, Virginia Beach received up to $30 million a year for the urban road program. This money went to constructing urban roads, such as London Bridge Road, Dam Neck Road, and Birdneck Road. Today we only receive funding from the Commonwealth for local road maintenance. As we have discussed in the past, roadway maintenance statewide costs increase by $50 million a year. A one-cent increase in the gas tax would provide $50 million per year. Also, there is over $500 million currently being diverted from the construction fund to pay for maintenance as required by the Virginia Constitution. Thus, it would take an increase of ten- cents per gallon in the gas tax to restore funds taken from construction and used for maintenance. Also, unless the gas tax is indexed for inflation, the process of the $50 million increase in maintenance cost absorbing dollars from the roadway construction accounts would continue. b .,- Legislative Agenda General Assembly Session 2013 1, City Council has specific requests regarding transportation as part of their legislative agenda that will require a multitude of revenue enhancements in order to provide the transportation system that the Commonwealth must have to compete in the global economy and to promote vital tourism efforts in Virginia Beach and throughout the state. Finally, the City remains appreciative of the Governor's funding of the Commonwealth's $7.5 million share of the Base Realignment and Closure (BRAC) program. In agreement with the Commonwealth, we believe we must keep our commitments and maintain positive momentum we have jointly built with the military. Through a resolution, City Council has previously requested funding in the amount of $7.5 million for the second year of the biennium. City Council wishes the very best for the General Assembly Members during the upcoming 2013 session as they make decisions that will affect all Virginians and influence our future prosperity. 4 y ? -?v.. /' CONTENTS Pref 3ce CITY OF VIRGINIA BEACH - CITY COUNCIL Legislative Agenda General Assembly Session 2013 1 i 2 7 CITY OF VIRGINIA BEACH - GENERAL ASSEMBLY DELEGATION 7 CIT'? OF VIRGINIA BEACH - CONGRESSIONAL DELEGA TlON 8 City of Virginia Beach Requested Code Changes 9 1. POST LABOR DAY OPENING FOR SCHOOLS 9 Sponsored by Council Member John E. Uhrin 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 10 Sponsored by Mayor William D. Sessoms, Jr. Requested by the Human Rights Commission (HRC) 3. EQUALIZATION OF LODGING TAXES 11 Sponsored by Council Member John E. Uhrin 4. SUSTAINABLE TRANSPORTATION FUNDING 12 Sponsored by Mayor William D. Sessoms, Jr. 5. MORATORIUM ON URANIUM MINING 15 Co-Sponsored by Mayor William D. Sessoms, Jr. & Vice Mayor Louis R. Jones 6. AUTISM SPECTRUM DISORDER (ASD) INITIATIVE 17 Sponsored by Mayor William D. Sessoms, Jr. 7. REMOVE THE LYNNHAVEN AND THE ELIZABETH RIVERS FROM THE JAMES RIVER BASIN FOR THE CHESAPEAKE BAY TMDL 18 Sponsored by Council Member Barbara M. Henley 8. DEED RESTRICTION RELIEF - CAMP GROM 19 Sponsored by Council Member John E. Uhrin 9. MINING SAND FOR BEACH REPLENISHMENT FOR CHESAPEAKE BEACH 20 (:'o-Sponsored by Vice Mayor Louis R. Jones and Council Member James L. Wood 10. CLARIFICATION OF LOCAL WETLANDS BOARD JURISDICTION C"o-Sponsored by Vice Mayor Louis R. Jones and Council Member James L. Wood 11. USE OF LOCALLY ADOPTED LIGHTING STANDARDS ON STATE/FEDERAL FUNDED ROADWAYS Sponsored by Council Member Barbara M. Henley 12. ACCESS TO THE PRESCRIPTION MONITORING PROFILE Sponsored by Council Member James L. Wood 13. TRESPASSING Sponsored by Council Member James L. Wood 14. PROPERTY TAX CLASSIFICATION FOR MOTOR VEHICLES LEASED TO THE CITY AND CONSTITUTIONAL OFFICERS Sponsored by Council Member John D. Moss 15. TRANSPORTATION FUNDING DOUBLE LOCKBOX Sponsored by Council Member Bill R. DeSteph 16. REVISE FOIA EXEMPTION FOR PARKS AND RECREATION Legislative Agenda General Assembly Session 2013 1 ` 21 22 23 24 25 27 28 RECORDS TO PROVIDE BETTER PROTECTION FOR JUVENILES Sponsored by Council Member Rosemary Wilson 17. AMEND THE CODE OF VIRGINIA REGARDING PERMITS FOR 29 VE;HICLES WEIGHING MORE THAN 115,000 POUNDS Sponsored by Council Member James L. Wood 18. REQUIRED DISCLOSURES - TOURISM ZONES 31 Sponsored by Council Member John E. Uhrin 19. EXTENSION OF ABSENTEE VOTING 32 Sponsored by The City of Virginia Beach ('ity Council City of Virginia Beach Requested Resolutions 33 1. END THE FEDERAL ETHANOL MANDATE FOR GASOLINE 33 Sponsored by Council Member Bill R. DeSteph 2`1 City of Virginia Beach Funding Items Legislative Agenda General Assembly Session 2013 16 34 1. CONTINUED FUNDING FOR BASE REALIGNMENT AND CLOSURE (BRAC) EFFORT 34 Sponsored by the City of Virginia Beach City Council 2. INCREASED FUNDING FOR MENTAL HEALTHCARE Sponsored by Council Member Glenn R. Davis Requested by the Human Rights Commission (HRC) 36 APF'ENDIX: DRAFTS OF PROPOSED LEGISLATION - 37 KE`i'ED TO REQUESTED CODE CHANGE ANf) OTHER RELATED DOCUMENTS REQUESTED CODE CHANCE LECISLAT/VE ITEM #11 38 USE OF LOCALLY ADOPTED LIGHT/NG STANDARDS ON STATE/FEDERAL FUNDED ROAD WA YS Sponsored by Council Member Barbara M. Henley REQUESTED CODE CHANGE LEGISLATIVE ITEM #12 39 A CCESS TO THE PRESCRIPTION MONITORING PROFILE Sponsored by Council Member James L. Wood REQUESTED CODE CHANGE LEG/SLAT/VE ITEM #17 42 PERMITS FOR VEHICLES WEIGHING MORE THAN 115,000 POUNDS Sponsored by Council Member Council Member James L. Wood REQUESTED CODE CHANGE LEGISLATIVE ITEM #18 43 REQUIRED DISCLOSURES - TOURISM ZONES Sponsored by Council Member John E. Uhrin RESOL UT/ON - URANI UM MININC 44 BRAC CORRESPONDENCE TO GOVERNOR MCDONNELL 54 ???» 11 Legislative Agenda General Assembly Session 2013 1 i? CITY OF VIRGINIA BEACH- CITY COUNCIL Mavor William D. Sessoms, Jr. Vice Mavor Louis R. Jones - Bayside Glenn R. Davis - Rose Hall Bill R. DeSteph - At Large Harrv E. Diezel - Kempsville Bob Dyer - Centerville Barbara M. Barbara M. Henley - Princess Anne John D. Moss - At Large John E. Uhrin - Beach Rosemary Wilson - At Large James L. Wood - Lymnhaven CITY OF VIRGINIA BEACH- GENERAL A SSEMBL Y DELEGA TION Senator Harrv B. Blevins - Senate District 14 Dele atg e Algie T. Howell, Jr. - House District 90 Delegate Salvatore R. Iaquinto - House District 84 Delegate Barry D. Knight - House District 81 Senator Jeffrev L. McWaters - Senate District 8 Senator Ralph S. Northam - Senate District 6 Delegate Harry R. Purkev - House District 82 Delegate Christopher P. Stolle - House District 83 Delegate Robert Tata - House District 85 Delegate Ronald A. Villanueva - House District 21 Senator Frank W. Wagner - Senator District 7 ??? Legislative Agenda General Assembly Session 2013 1? CITYOF VIRGINIA BEACH- CONGRESSIONAL DELEGATION Senator Mark R. Warner - United States Senate Senator Jim Webb - United States Senate U.S. Representative Scott Ritzell - House of Delegates - 2°-d District of Virginia ff f 44- ? Legislative Agenda General Assembly Session 2013 1 ::' CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY COUNCIL MEMBER .TOHN E. UHRIN Background Information: The total spending from the tourism industry in Virginia Beach for calendar year 2010 was $1.129 billion, stimulating 11,560 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences in the long- term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. Legislative Agenda General Assembly Session 2013 1 1 ( CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY MAYOR WILLIAM D. SESSOMS, .TR. REQUESTED BY THE HUMAN RIGHTS COMMISSION (HRC) Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. .? ? Legislative Agenda General Assembly Session 2013 1 1 1 CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 3. EQUALIZATION OF LODGING TAXES SPONSORED BY COUNCIL MEMBER JOHN E. UHRIN Background Information: During the 2011 General Assembly Session, legislation (Senate Bi11972 - Whipple) was introduced that would have the retail sales and hotel taxes on transient rooms (hotel rooms) be computed based on the total charge or price paid. Currently, when a customer reserves a room online from a hotel website, they pay the full sales tax for that room. However, when the Online Travel Companies (OTCs) rent rooms, the sales on the entire price is not paid. The OTCs buy blocks of unused rooms and resell them. However, the hotel tax is hidden within a service fee charged that shows up on the customer's credit card bill. This is not a new tax, but a fair collection of existing taxes. Major hotel chains such as the Marriot and Hilton supported this legislation during the 2011 session. Several states have approved legislation such as this proposal and it has been upheld in the courts. Reyuest: The General Assembly is requested to amend section § 58.1-602, etc. as was proposed in Senate Bill 972 from the 2011 session. When a hotel or similar establishment contracts with an intermediary to facilitate the sale of the room and the intermediary charges the customer for the room, the bill would require the intermediary to separately state the taxes on the bill or invoice provided to the customer and to collect the taxes based on the total charges or the total price paid for the use or possession of the room. It is suggested the bill have a delayed implementation date of January 1, 2014. This would allow the OTCs time to accommodate the change into their billing practice. ..: ? Legislative Agenda General Assembly Session 2013 1 1< CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 4. SUSTAINABLE TRANSPORTATION FUNDING SPONSORED BY MAYOR WILLIAM D. SESSOMS, .TR. Background Information: State transportation funding is required for three purposes: « Maintenance of our existing infrastructure investment and; • Construction of new roadway, transit, airport, and port projects to meet existing and future mobility and economic development needs and; • Provide adequate funding to provide the state match for available federal transportation funding. Transportation funding in Virginia is not close to meeting these needs and the trend is negative in all categories. Since 1986, vehicle miles traveled has increased by approximately 40%. Population has grown approximately by 30%; however, lane miles of roadway have only increased by approximately 100/o. To make matters worse, the purchasing power of the Virginia gas tax of 17.5 cents per gallon in 1987 is now equivalent to a tax of only eight-cents per gallon in 2012. Obviously, that purchasing power will continue to decline over time. Virginia has a much lower state gas tax than its surrounding competitor states such as Maryland (23.5 cents), North Carolina (35.3 cents), West Virginia (39.2 cents), and Kentucky (33.4 cents). As of July 1, 2011, the national average for federal and state gas tax per gallon was 48.9 cents. With the exception of Northern Virginia, Virginia's total federal and state gas tax of 38.4 cents is currently 10.5 cents per gallon below the national average. System Maintenance: The cost of existing roadway maintenance continues to grow by approximately $50 million a year. This increased funding requirement is a function of new roadways being added to the system, secandary road maintenance, and increasing maintenance costs for segments of the interstate system, which are now aging. Since 2002, funds for maintenance have had to be transferred from the Commonwealth Transportation Fund, which was envisioned in 1986 as purely for new ?A a ?f Legislative Agenda General Assembly Session 2013 1 ': roadway construction. In fact, in 2012, over $500 million will be transferred from the construction fund to the maintenance fund. As mentioned previously, that figure increases approximately $50 million a year (based on current estimates). The consequences of this diversion of construction funds to meet maintenance needs means that in Virginia Beach, where only a few years ago, the City received up to $30 million a year for the urban road program, we now only receive funding for local road maintenance. The same is true for secondary construction in the counties. State dollars that were available to the City for constructing roads such as London Bridge Road, Dam Neck Road, and Birdneck Road, are no longer provided. Because of the diminishing value of the gas tax due to more efficient automobiles and the growth in construction costs, there is not one measure that will be the "silver-bullet" for transportation funding. However, the City Council believes that sustainable long-term sources of new revenue to help meet critical transportation needs should be pursued immediately. The Council leaves it up to the General Assembly as to what source(s) would best be utilized. However, the lack of a sustainable long-term transportation funding stream will leave Virginia lagging woefully behind its regional and international competitors. It will also cause a decrease in the quality of life to our residents through the cost of congestion, degraded air quality, and the reduced desirability of the Commonwealth for future economic growth. New Roadway Construction: The Hampton Roads Transportation Planning Organization (HRTPO) has identified $30 billion in regional construction needs over the next twenty years. However, only $13.6 billion in traditional federal and state funding are envisioned to be available. Maintenance requirements are projected at $12.35 billion over that timeframe, and, therefore, would leave only $1.25 billion left for construction of regional capacity improvement projects. To put that in perspective, the needed improvements to I-264 in Virginia Beach are projected at $2.5 billion. Improvements to I-64 in Chesapeake are estimated at $2 billion and improvements to I-64 on the Peninsula are $2 billion or more. Although tolls can certainly be used for funding a portion of the transportation program needs, there are serious downsides to depending exclusively on tolling. Although we are very grateful to the Governor and the General Assembly for the approximately $3 billion in new roadway construction funding previously approved, $1.8 billion of those funds are bonds that will be serviced by future federal transportation appropriations. Request: The General Assembly is requested to create a long-term sustainable source of additional revenue for transportation of at least $1.5 billion per year. This revenue stream should be indexed for inflation and could use innovative forms of revenue generation and could include tolls, vehicle miles traveled fees, gas taxes, sales taxes, etc. Furthermore, these funds should not come at the expense of existing revenue streams. Legislative Agenda General Assembly Session 2013 ( 1,' Below are potential funding solutions as proposed by the Urban Crescent Coalition: (1) Gas Tax Increase - a one-cent per gallon gasoline tax increase would generate approximately $50 million a year for transportation. (2) Increase the Sales Tax on Vehicle Purchase - a one-percent increase in the Motor Vehicle Sale and Use Tax would generate about $141 million. (3) Increase the General Sales Tax - a one-percentage point increase in the state sales tax would generate between $800 million and $1 billion if dedicated to transportation (of course, potential revenue generated will depend on the economic conditions in the state). (4) Vehicle Registration Fees - any increases in Motor Vehicle Registration fees will have a minimal impact to revenue generation for the transportation fund. (5) Indexing - index the motor vehicle fuels tax to inflation and deposit the additional funding generated to the Highway Maintenance and Operation Fund. This could generate $10 million by 2014 and $125 million by 2018. (6) Tolls - use tolls to help finance highway construction. Legislative Agenda General Assembly Session 2013 1 !'% CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 5. MORATORIUM ON URANIUM MINING CO-SPONSORED BY MAYOR WILLIAM D. SESSOMS, .TR. BL VICE MAYOR LOUIS R. .10NES Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir, which provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach, and indirectly to most of southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and that extreme natural events combined with human errors have the potential to lead to the release of contaminants. The NAS study concludes that Virginia has no experience with uranium mining, the federal government has little or no experience with wet climates and extreme precipitation events, and gaps in legal and regulatory coverage for uranium mining and steep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an above- grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two months during wet years and six to sixteen months during dry years. The only practical response during this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have significant consequences to all of southside Harripton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach. The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District Commission (HRPDC) have all passed resolutions opposing uranium mining in Virginia and lifting the legislative moratorium on uranium mining. Legislative Agenda ?--• General Assembly Session 2013 Request: The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining in Virginia. See Appendix Item #6 (page 54) for an attachment to this item: 1. Uranium Mining Resolution adopted by the City of Virginia Beach City Council ...1 Legislative Agenda General Assembly Session 2013 1 1 f CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 6. AUTISM SPECTRUM DISORDER (ASD) INITIATIVE SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR. Background Information: With the anticipated increase of special education graduates with autism requiring community services offered by Community Services Boards (CSBs) and private providers, it is essential to identify the number of individuals projected to need post-high school services and the types of services required. Specifically, utilizing available school system data reflecting the number of projected special education graduates with a diagnosis of autism, a study performed by either the Joint Legislative Audit and Review Committee (JLARC) or Joint Commission on Health Care (JCHC) would focus on identifying specific service needs to be addressed including day support, employment and residential support. This information would be invaluable to advocates, service providers and members of the General Assembly. Request: Support a JLARC or JCHC study to assess the service needs for those students with autism who are transitioning out of the school system in order to adequately prepare for the residential, employment and day support needs of this steadily increasing population. Legislative Agenda General Assembly Session 2013 1 i'C CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 7. REMOVE THE LYNNHAVEN AND THE ELIZABETH RIVERS FROM THE JAMES RIVER BASIN FOR THE CHESAPEAKE BAY TMDL Background Information: SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY This request is for the General Assembly to help clarify watershed boundaries with respect to the Chesapeake Bay TMDL. As it stands, the Lynnhaven River basin and the Elizabeth River basin are both included in the James River basin. Clearly the Lynnhaven and the Elizabeth Rivers are not within the James River basin, they both discharge into the Chesapeake Bay without any connection to the James. If left unchanged, Virginia Beach will be punished for pollution issues occurring outside of our boundaries, and our good work in the Lynnhaven will not be given adequate credit or consideration in the Total Maximum Daily Load (TMDL) requirements. Solutions for the James River may inappropriately impose on the Lynnhaven and Elizabeth River watersheds. Request: We ask for simple, clarifying language: "for the purposes of the Chesapeake Bay TMDL, state agencies will not consider the Lynnhaven or Elizabeth River basins as part of the James River basin." w?; f Legislative Agenda General Assembly Session 2013 1 "" CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 8. DEED RESTRICTION RELIEF - CAMP GROM SPONSORED BY COUNCIL MEMBER .TOHN E. UHRIN Background Information: The City of Virginia Beach ("the City") acquired a parcel of land from the Commonwealth of Virginia in 2002 identified, as GPIN parce12416-70-8636 (131.9 acres). This parcel contains holds a deed restriction limiting its use. The City is considering an opportunity to partner with a non- profit organization to develop a portion of the property and operate a camp for children with special needs and disabled veterans. The current legal interpretation is that the deed restriction on the property would not allow such a use to occur. Request: The City seeks relief during the 2013 General Assembly from the deed restriction to pursue this opportunity. Any such uses would be subject to review and approval of the U.S. Department of Navy to ensure compatibility with the Air Installation Compatible Use Zone (AICUZ) regulations. Legislative Agenda General Assembly Session 2013 1 1-''.:! CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 9. MINING SAND FOR BEACH REPLENISHMENT FOR CHESAPEAKE BEACH CO-SPONSORED BY VICE MAYOR LOUIS R. .TONES AND COUNCIL MEMBER JAMES L. WOOD Background Information: This legislative request relates to Chesapeake Beach, where long-term and continuing erosion has reached the point where the City is now preparing to embark on a beach restoration and maintenance program to protect public and private infrastructure from storm damage. The most efficient and practical method of restoring Chesapeake Beach is by mining sand from nearby sources in the Chesapeake Bay and directly pumping the sand on the beach using a cutter-suction hydraulic dredge process. Obtaining environmental permits for mining sand from the Chesapeake Bay can be extremely difficult and protracted, involving at least two state agencies and a consolidated federal permit issued by the U.S. Army Corps of Engineers. Request: In that the need for beach restoration is immediate, we would be appreciative of legislative guidance to the state agencies instructing them to streamline the process and to expedite the approval process to allow sand mining and placement on our Bay beaches. ??.. Legislative Agenda General Assembly Session 2013 1 .i CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 10. CLARIFICATION OF LOCAL WETLANDS BOARD JURISDICTION CO-SPONSORED BY VICE MAYOR LOUIS R. JONES AND COUNCIL MEMBER JAMES L. WOOD Background Information: This request is for a minor tweak to the local wetlands board's jurisdictional limitations as defined in State Code. City projects are considered 'public projects' in the State Code and are therefore currently exempt from local wetlands board jurisdiction. However, that exemption in State Code is limited to projects on property that is 'owned or leased' by the City. This limitation has put the City in the position of having to obtain a local wetlands board permit in addition to obtaining a Virginia Marine Resources Commission (VMRC) permit. In addition, our local wetlands board has adopted an in-lieu fee mitigation program for impacts to non-vegetated wetlands, mudflats, at the rate of $12.50 per square foot. However, this in-lieu fee program has not been accepted by Department of Environmental Quality (DEQ) and the Corps of Engineers, such that any mitigation payments to the local wetlands board for such impacts will not be honored by the state and the federal government, potentially creating a circumstance where impacts will be required to be mitigated twice. Request: In that the local wetlands board is exercising identical and delegated jurisdiction from VMRC, the extra step of being subjected to local wetlands board review is both redundant and creates a significant financial impact as well as a detrimental double standard whereby taxpayers (the source of funding) may have to fund mitigation costs twice. Our request would be to strike or modify the `owned or leased' clause to clarify that all City projects are exempt from local, Council- appointed, board review (28.2-1302, section 3, item 10), regardless of whether the City has full title or a lease for all of the lands involved in the project. ?Ali Legislative Agenda General Assembly Session 2013 1::- CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 11. USE OF LOCALLY ADOPTED LIGHTING STANDARDS ON STATE/FEDERAL FUNDED ROADWAYS SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY Background Information: The Virginia Code currently requires all new state and federally funded roadways to use Illuminating Engineering Society (IES) American National Standard Practice for Roadway Lighting. These lighting standards (RP-8) are approximately 30% brighter than the City Council approved lighting specifications for the City of Virginia Beach. Once installed, the long-term energy costs will also be proportionately higher. In order to save energy costs while still providing safe lighting levels and uniformity, the City would like the ability to use locally adopted lighting standards on all state/federally funded roadway projects located within City boundaries. Request: The request is that the General Assembly take the action necessary to amend section § 24VAC30- 151-420 of the Virginia Administrative Code to make it possible for Virginia Department of Transportation (VDOT) to fund lighting installation costs, based on locally adopted lighting standards, at project expense. See Appendix Item #1 (page 38) for text of the requested legislative change. Legislative Agenda General Assembly Session 2013 ( : CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 12. ACCESS TO THE PRESCRIPTION MONITORING PROFILE SPONSORED BY COUNCIL MEMBER 1AMES L. WOOD Background Information: The Prescription Monitoring Profile is a tool to help law enforcement officers detect and divert fraudulent prescriptions. The state code only allows the State Police access to the Prescription Monitoring Profile. Limiting access to State Police unnecessarily delays local police diversion investigations and ties up State Police personnel by involving them in local investigations for the sole purpose of using the Profile. Request: The request is to amend section § 54.1-2523 of the Code of Virginia to make the profile accessible for local police personnel for the purpose of investigating prescription fraud and related offenses. See Appendix Item #2 (page 39) for text of the requested legislative change. ? 1332", Legislative Agenda General Assembly Session 2013 1?'-+ CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 13. TRESPASSING Background Information: SPONSORED BY COUNCIL MEMBER .TAMES L. WOOD In November of 2009 in Baker v. Commonwealth, 278 Va. 656, 685 S.E.2d 661 the Virginia Supreme Court dismissed a trespassing charge against a defendant holding that evidence that a"No Trespassing" sign was posted on the property, without evidence that the sign was posted by a person authorized under the trespassing statute, was not sufficient evidence to prove a violation of ti-espassing. Many lower have extended this holding to Code of Virginia Section 15.2-1717.1 and require the "person lawfully in charge of the property" that designates the local law- enfarcement agency with the authority to forbid another to go or remain upon their property, to come to court and testify to such authorization after they have already made the designation in writing. Request: The request is to amend Code of Virginia Section § 15.2-1717.1 to include a provision stating there is a:rebuttable presumption that any such document designating the local law enforcement agency with the authority to provide notice to persons trespassing on specified property and to enforce the trespassing law was executed by a person lawfully in charge of the specified property. It is also requested that this code section further provide that the defendant shall bear the burden to ovei-come this presumption. .:..1 Legislative Agenda General Assembly Session 2013 1 :" CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 14. PROPERTY TAX CLASSIFICATION FOR MOTOR VEHICLES LEASED TO THE CITY AND CONSTITUTIONAL OFFICERS SPONSORED BY COUNCIL MEMBER .TOHN D. MOSS Background Information: The Virginia Code provides the owner of personal property is responsible for the property taxes on such property. When property is leased, the Code and opinions of the Virginia Attorney General provide that the determination of ownership of leased personal property for purposes of taxation depends upon whether the lease shifts the risk-of-loss from the lessor to the lessee. If the lease, often a lease-purchase, shifts the risk of loss to the City, the City is classified as the owner of the leased property for tax purposes, and the property is exempt. If the lease does not shift the risk of loss, the property owner for purposes of local property taxes is the lessor. In most commercial leases, the lessor will require the lessee pay the property taxes. The State Tax Code provides that the owner of personal property leased to federal, state, or local governments is subject to the local property tax.l This provision is consistent with other requirements that place the burden of taxation upon the owner of property. However, this requirement does not acknowledge that shifting the tax burden to the lessee is commonplace even when the lessee is a branch of the government, which would be exempt if it owned the property. While not an exemption, the General Assembly could provide a separate tax classification for motor vehicles leased to a locality or Constitutional Officer when the terms of the lease obligate the lessee to pay the property taxes. The State Tax Code currently provides a separate tax classification for property leased by members of a voluntary rescue squad or voluntary fire department when the terms of the lease obligate the lessee to pay the property taxes.2 Should the General Assembly provide a similar classification for motor vehicles leased to a locality, the City Council may levy the tax for this classification of property at a low rate. 1 Va. Code § 58.1-3501. 2 Va. Code § 58.1-3506(A)(15). Legislative Agenda General Assembly Session 2013 Request: The City Council requests the General Assembly create a separate classification of personal property for motor vehicles leased to a locality or a Constitutional Officer when the terms of the lease obligate the lessee to pay the property taxes. This tax classification is necessary to permit the City to impose a nominal tax rate that will have the effect of exempting a motor vehicle leased to a municipality from being subject to the payment of personal property taxes for the duration of the term of the lease with the municipality. .? ? Legislative Agenda General Assembly Session 2013 1 zi CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 15. TRANSPORTATION FUNDING DOUBLE LOCKBOX SPONSORED BY COUNCIL MEMBER BILL R. DESTEPH Background Information: The City Council desires the General Assembly to impose two restrictions upon its appropriation authority for transportation funding. The Council believes that the citizens of the State are willing to support additional transportation funding if there are assurances that the funding will be used for transportation and not siphoned from transportation to other priorities. The first level of restriction is upon the use of funds. All moneys deposited in the Commonwealth's Transportation Funds (e.g. the Commonwealth Transportation Fund, the Transportation Trust Fund, the Highway Maintenance and Operating Fund, and the Priority Transportation Fund) should be used for the financing, acquiring, constructing, improving, maintaining, and operating the transportation systems and projects in the Commonwealth. The second level of restriction is to prohibit the displacement of current transportation funding with new revenues raised for transportation. The City is aware of the example of lottery funds being provided to K-12 Education. While this use of lottery funds is required by the Virginia Constitution, the General Assembly has allowed the lottery funds to displace other General Fund revenues for K-12 Education. Therefore, a second level of restriction is needed to insure that new transportation revenue streams do not displace any of the current transportation revenue streams. Request: The City requests the General Assembly provide a mechanism by which the revenues raised for transportation are restricted to transportation purposes. This mechanism should have two "lockbox" features. First, funds raised for transportation should be restricted to transportation uses. Second, when the General Assembly increases one or more of the current revenue streams or establishes a new revenue stream for transportation purposes, these new revenue streams should not displace any of the current revenue streams. Because this is a limitation on the General Assembly's appropriation power, the appropriate approach is an amendment to the Virginia Constitution. .? Legislative Agenda General Assembly Session 2013 1 : t, CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 16. REVISE FOIA EXEMPTION FOR PARKS AND RECREATION RECORDS TO PROVIDE BETTER PROTECTION FOR JUVENILES SPONSORED BY COUNCIL MEMBER ROSEMARY W[LSON Background Information: Records of the City's Parks and Recreation Department are subject to mandatory disclosure under the Freedom of Information Act, unless an exemption applies. The Act currently contains an exernption that allows the City to redact the name of juveniles from parks and recreation records requested by a citizen pursuant to the Act, but the exemption only applies if the child's parent has requested in writing that such information not be disclosed. To facilitate such a request, the City includes on parks and recreation registration forms a box that a parent may check to request that his or her child's identity be protected, but parents sometimes fail to check the box on the multi- page forms. The department believes that the default instead should be that information that identifies juveniles be protected from disclosure unless the parent authorizes release. Request: The City requests that the General Assembly amend Virginia Code § 2.2-3705.7(22) to provide that the identity of juveniles in parks and recreation records is exempt from mandatory disclosure under the provisions of the Freedom of Information Act unless the child's parent specifically requests that the identifying information be released. ??g',?? Legislative Agenda General Assembly Session 2013 1 CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 17. AMEND THE CODE OF VIRGINIA REGARDING PERMITS FOR VEHICLES WEIGHING MORE THAN 115,000 POUNDS SPONSORED BY COUNCIL MEMBER JAMES L. WOOD Background Information: State law generally requires the operators of trucks to obtain a permit if the vehicle and load weights exceed 80,000 pounds. A super load permit is required if the vehicle and load weights exceed 115,000 pounds. Super load permits, unlike standard permits, impose specific routing requirements and escorts, are subject to engineering studies, and take more time to process. A standard permit can be issued on an annual basis and cover multiple trips during that year ("blanket permit"). A super load permit is more restrictive than a standard permit, and each trip requires a separate super load permit. Some operators make the business decision not to obtain the required super load permit but instead only obtain a standard blanket permit, even though the loads exceed 115,000 pounds. Under the current Virginia Code, and under narrow circumstances, a permit can be invalidated by a court, and damages are measured as if no permit was obtained. In order to discourage a truck operator from making a business decision not to obtain the required super load permit, heavy fines are assessed for operating a truck without a required permit or in violation of the permit (such as carrying a load weighing more than authorized by the permit). Because of the particular way in which the state code provision authorizing a court to invalidate a perrnit is worded, a Virginia Beach Circuit Court judge recently ruled in favor of a defendant who relied on a standard permit that did not include the routing restrictions that would have been imposed if the operator had obtained a super load permit. This resulted in a substantial reduction of the financial penalties assessed for the violation, and the decision encourages operators to avoid the restrictions imposed by a super load permit that are needed to protect public safety. A revision to the state code would enable a court to invalidate a standard permit in circumstances where a super load permit was required, thereby incentivizing truck operators to obtain the appropriate permit. ? ??Legislative Agenda General AssemblY Session 2013 I Request: The City requests that the General Assembly amend Virginia Code § 46.2-1139(D)(1) to allow a court to invalidate a standard permit in circumstances where a super load permit was required. Given that this code change is needed to protect public safety, the City requests that the bill be effective upon enactment. See Appendix Item #3 (page 42) for the text of the requested legislative change. ??•? Legislative Agenda General Assembly Session 2013 1 _'1 CI1 Y OF VIRGINIA BEACH REQUESTED CODE CHANGES 18. REQUIRED DISCLOSURES - TOURISM ZONES SPONSORED BY COUNCIL MEMBER .10HN E. UHRIN Background Information: During the City Council's consideration of the recently-adopted Oceanfront Resort District Form- Based Code, the staff was asked to prepare a proposed Community Legislative Agenda item requesting the General Assembly to enact legislation allowing the City to require certain disclosures to prospective purchasers or lessees of property in the Resort Area. These disclosures concern potential impacts associated with the parcel's location in a"tourism zone" from things such as parades, special events, fireworks, temporary street closures, concerts, etc. Request: The City requests the General Assembly to enact a new Section 55-519.3 to give the City authority to designate one or more "tourism zones" and require written disclosures to prospective buyers or lessees of property within the tourism zone, and/or to require notes of like import on surveys, site plans and subdivision plats of property within a tourism zone. See Appendix Item #4 (page 43) for text of the requested legislative change. ?r Legislative Agenda General Assembly Session 2013 1.'" CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES 19. EXTENSION OF ABSENTEE VOTING SPONSORED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL Background Information: During the voting in the 2012 election, which included the electoral races for the President, Congress, Senate, two Constitutional amendments, five seats for the City of Virginia Beach City Council, and five seats for the City of Virginia Beach School Board, there was great delay experienced by individuals wishing to vote. Waits of two hours or more were common, and it is thought that many voters did not vote out of frustration with the lines, and for other reasons. Many states allow early absentee voting with little or no limitations. Under Virginia law, there are eleven reasons for which one must attest to in order to vote early through absentee voting. The follawing are examples of registered voters who may vote by absentee vote in accordance with the provisions: members of the United States Armed Services, students attending outside of the city and/or county they are entitled to vote, religious prohibitions due to voting on certain days, and law-enforcement officers, firefighters, etc. It is the wish of the City Council that absentee voting be extended to all citizens. Request: The General Assembly is requested to extend absentee voting in person to any person qualified to vote without providing a reason as listed in the current code. This would be similar to Senate Bill No. 12 offered by Senator Janet Howell during the 2012 session of the General Assembly. This would allow all voters the opportunity to vote in-person absentee up until the Saturday before the actual election. ?4,11?r I 1 Legislative Agenda General Assembly Session 2013 1 CITY OF VIRGINIA BEACH REQUESTED RESOLUTIONS 1. END THE FEDERAL ETHANOL MANDATE FOR GASOLINE Background Information: SPONSORED BY COUNCIL MEMBER BILL R. DESTEPH Federal law and regulations require that gasoline sold in the United States includes ethanol. As a result of that mandate, about forty percent of the corn produced in America is used to make ethanol. When the price of corn rises, as it did in 2011 because of droughts, ethanol production competes with the use of corn for food, causing a needless rise in the prices of corn-containing food as well as meat and qther products from cattle and livestock that consume corn-based feed. Ethanol is less efficient than gasoline, and the overall cost of using gasoline with ethanol is higher than the cost of using gasoline without it. Ethanol also burns at a higher temperature than gasoline, resulting in serious damage to the engines, fuel pumps and other key components of motorcycles, watercraft, antique cars, lawn mowers, and equipment with gasoline engines. In summary, the federal ethanol mandate harms our economy, increases the cost of food, and damages vehicles and equipment with small gasoline engines. Request: The City requests that the General Assembly adopt a joint resolution urging Congress to repeal the ethanol mandates for gasoline. ?r CITY OF VIRGINIA BEACH FUNDING ITEMS Legislative Agenda General Assembly Session 2013 1:-"-i 1. CONTINUED FUNDING FOR BASE REALIGNMENT AND CLOSURE (BRAC) EFFORT SPONSORED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL Background Information: Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have been partnering to address the concerns that were raised by the Base Realignment and Closure (BRAC) Commission in 2005. This partnership has involved the cost sharing of $15 million annually to purchase properties in the APZ-1 and Clear Zone areas around Naval Air Station (NAS) Oceana and in the Interfacility Traffic Area (ITA) between Oceana and the Naval Auxiliary Landing Field Fentress. The City has established a policy of spending $7.5 million per year to comply with the BRAC Order, with the expectation that the Commonwealth will provide matching funds for expenses associated with the acquisition of land in the APZ-1 and Clear Zone areas around Oceana and in the ITA. The City will keep its commitment to the military by to continuing its policy of spending $7.5 million each year to protect NAS Oceana and requests that the General Assembly provide a matching amount for FY 2013-14. Request: Request that the General Assembly provide $7.5 million in annual funding through the Military Strategic Response Fund in FY 2013-14 to the City of Virginia Beach to meet the requirements of the BRAC Compliance Plan. Providing these funds will reinforce our joint commitment and reinforce our message to the U.S. Navy that the Commonwealth and City of Virginia Beach are dedicated to preserving Naval Air Station Oceana. This positive message and the results we have achieved through the Commonwealth/City partnership will benefit not only the preservation of NAS Oceana but send a clear signal to the military about Virginia's support of all bases throughout the state. 142 ?f See Appendix Item #6 (page 54) for an attachment to this item: Legislative Agenda General Assembly Session 2013 1?`. 1. Correspondence from the City of Virginia Beach City Council to Governor Robert McDonnell regarding Base Realignment And Closure (BRAC) Funding ? ? A-li hµ l CITY OF VIRGINIA BEACH FUNDING ITEMS Legislative Agenda General Assembly Session 2013 1 2. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY COUNC[L MEMBER GLENN R. DAVIS REQUESTED BY THE HUMAN RIGHTS COMMISSION (HRC) Background Information: People with serious mental illness, as well as their loved ones, face a crisis when it comes to accessing services they need. From FY 2009 to FY 2012, Virginia cut an overall total of $37.7 million, or 8.9%, from mental healthcare funding. Decades of neglect to the mental health system, plus an increased need from people who are uninsured, underinsured, or facing economic hardship, have exacerbated the problem. Additionally, an epidemic of post-traumatic stress disorder and other mental health issues plagues our returning combat veterans, leading to an unprecedented increase in service member suicides. An estimated one-third of homeless men in the United States are military veterans, including wounded warriors of current and previous conflicts, and a substantial number of those homeless vets are in need of inental health services. According to the Virginia Department of Behavioral Health and Development Services, nearly 6,000 Virginians are waiting to receive community-based services for mental health. The well- being of families and our community is seriously threatened by the failure of those in need to receive timely and effective mental healthcare. Request: The City requests that the General Assembly provide meaningful increases to funding for mental healthcare services and housing. Legislative Agenda General Assembly Session 2013 1 i' AP'PENDIX: DRAFTS OF PROPOSED LEGISLATION - KE:YED TO REQUESTED CODE CHANGE AND OTHER RELATED DOCUMENTS Legislative Agenda General Assembly Session 2013 ??"" REQUESTED CODE CHANGE LEGISLATIVE ITEM #ll USE OF LOCALL Y ADOPTED LIGHTING STANDARDS ON STA TE/FEDERAL FUNDED ROAD WA YS SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY 24VAC30-151-420. Lighting facilities. B. Design of roadway lighting facilities shall be based upon the specifications developed by the Illuminating Engineering Society in the manual, American National Standard Practice for Roadway Lighting (see 24VAC30-151-760) or locallv adopted lighting standards if available. The Roadway Lighting Design Guide by the American Association of State Highway and Transportation Officials (AASHTO) (see 24VAC30-151-760) may be used as a supplemental guide. ? Legislative Agenda -?General Assembly Session 2013 REQUESTED CODE CHANGE LEGISLATIVE ITEM #12 ACCESS TO THE PRESCRIPTION MONITORING PROFILE SPONSORED BY COUNCIL MEMBER JAMES L. WOOD (change(s) highlighted) § 54.1-2523. Confidentiality of data; disclosure of information; discretionary authority of Director A. All data, records, and reports relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring program pursuant to this chapter and any material relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Infoimation Act (§ 2.2-3700 et seq.) pursuant to subdivision 15 of § 2.2-3705.5. Further, the Director shall only have discretion to disclose any such information as provided in subsections B and C. B. Upon receiving a request for information in accordance with the Department's regulations and in compliance with applicable federal law and regulations, the Director shall disclose the following: 1. Information relevant to a specific investigation of a specific recipient or of a specific dispenser or prescriber to an agent designated by the superintendent of the Department of State Police, any Police Chief or Sheriff to conduct drug diversion investigations pursuant to § 54.1-3405. 2. Information relevant to an investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board; information relevant to a disciplinary proceeding before a health regulatory board or in any subsequent trial or appeal of an action or board order to designated employees of the Department of Health Professions; or to designated persons operating the Health Practitioners' Intervention Program pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of this title. 3. Information relevant to the proceedings of any investigatory grand jury or special grand jury that has been properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2. 4. Information relevant to a specific investigation of a specific dispenser or specific prescriber to an agent of the United States Drug Enforcement Administration with authority to conduct drug diversion investigations. C. In accordance with the Department's regulations and applicable federal law and regulations, the Director may, in his discretion, disclose: ???• .?. ? Legislative Agenda General Assembly Session 2013 1 -it:; 1. Information in the possession of the program concerning a recipient who is over the age of 18 to that recipient. 2. Information on a specific recipient to a prescriber, as defined in this chapter, for the purpose,of establishing the treatment history of the specific recipient when such recipient is either under care and treatinent by the prescriber or the prescriber is initiating treatment of such recipient, and the prescriber has obtained written consent to such disclosure from the recipient. 3. Information on a specific recipient to a dispenser for the purpose of establishing a prescription history to assist the dispenser in determining the validity of a prescription in accordance with § 54.1-3303 when the recipient is seeking a covered substance from the dispenser or the facility in which the dispenser practices. Dispensers shall provide notice to patients, in a manner specified by the Director in regulation, that such information may be requested by them from the Prescription Monitoring Program. 4. Information relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber to other regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a health profession when such regulatory authority licenses such dispenser or prescriber or such dispenser or prescriber is seeking licensure by such other regulatory authority. 5. Information relevant to an investigation relating to a specific dispenser or prescriber who is a participating provider in the Virginia Medicaid program or information relevant to an investigation relating to a specific recipient who is currently eligible for and receiving or who has been eligible for and has received medical assistance services to the Medicaid Fraud Control Unit of the Office of the Attorney General or to designated employees of the Department of Medical Assistance Services, as appropriate. 6. Information relevant to determination of the cause of death of a specific recipient to the designated employees of the Office of the Chief Medical Examiner. 7. Information for the purpose of bona fide research or education to qualified personnel; however, data elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from such information prior to disclosure. Further, release of the information shall only be made pursuant to a written agreement between such qualified personnel and the Director in order to ensure compliance with this subdivision. D. This section shall not be construed to supersede the provisions of § 54.1-3406 concerning the divulging of confidential records relating to investigative information. E. Confidential information that has been received, maintained or developed by any board ar disclosed by the board pursuant to subsection A shall not, under any circumstances, be available for discovery or court subpoena or introduced into evidence in any medical malpractice suit or other action for damages arising out of the provision of or failure to provide services. However, this subsection shall not be construed to inhibit any investigation or prosecution conducted pursuant to Article 1(§ 18.2-247 et seq.) of Chapter 7 of Title 18.2. ?.. r (2002, c. 481; 2004, c. 690; 2005, cc. 637, 678.) Legislative Agenda General Assembly Session 2013 1 .11 Sections: Previous 54.1-2519 54.1-2520 54.1-2521 54.1-2522 54.1-2523 54.1-2523.1 54.1- 2524 54.1-2525 Next Last modifzed: April 16, 2009 Legislative Agenda General Assembly Session 2013 ( -11 REQUESTED CODE CHANGE LEGISLATIVE ITEM #17 PERMITS FOR VEHICLES WEIGHING MORE THAN 115,000 POUNDS SPONSORED BY COUNCIL MEMBER COUNCIL MEMBER JAMES L. WOOD Virginia Code § 46.2-1139. Permits for excessive size and weight generally; penalty. D. 1. Every permit issued under this article for the operation of oversize or overweight vehicles shall be carried in the vehicle to which it refers and may be inspected by any officer or size and weight compliance agent. Violation of any term of any permit issued under this article shall constitute a Class 1 misdemeanor. Violation of terms and conditions of any permit issued under this article shall not invalidate the weight allowed on such permit unless (i) the permit vehicle is operating offthe route listed on the permit, (ii) the vehicle has fewer axles than required by the permit, (iii) the vehicle has less axle spacing than required by the permit when measured longitudinally from the center of the axle to center axle with any fraction of a foot rounded to the next highest foot, ef (iv) the vehicle is transporting multiple items not allowed by the permit or (v) the permitted vehicle exceeds the maximum standard perrriit weight and is not operating under a super load permit as required by Chapter 20 of the Virizinia Administrative Code. #M .? ?C?ir ...: ,.` REQUESTED CODE CHANGE LEGISLATIVE ITEM #18 REQUIRED DISCLOSURES- TOURISMZONES Legislative Agenda General Assembly Session 2013 1 i: SPONSORED BY COUNCIL MEMBER .TOHN E. UHRIN Section 55-519.3. Required disclosures; tourism zones. Any C" beraer^aby *he ^*'an*i^ n^^^^ ^^a *"° rh°°ar"a'"' S^" locality may designate one or more tourism zones as an amendment to its zoning map, and may within each such zone require either or both of the following disclosures: (a) that an owner of residential real property located either partially or wholly within any such tourism zone shall disclose in writing to a prospective purchaser or lessee of such property that the subject property is located within a tourism zone, together with a description of potential impacts associated with the parcel's location in a tourism zone (including, without limitation, impacts caused by special events, parades, temporary street closures, and indoor and outdoor entertainment activities); and (b) that a statement shall be placed on all recorded surveys, subdivision plats, and all final site plans approved after July 1, 2013, giving notice that a parcel of real property either partially or wholly lies within a tourism zone, together with a description of potential impacts associated with the parcel's location in a tourism zone (including, without limitation, impacts caused by special events, parades, temporary street closures, and indoor and outdoor entertainment activities). Legislative Agenda General Assembly Session 2013 144 1 A RESOLUTION REAF'FIRMING THE CI'1"Y OF 2 VIRGINIA BEACH'S OPPOSITION TO THE MINiNG 3 OF URANIUM IN THE COMMONWEALTH OF 4 Vf RGINIA 5 6 7 WHEREAS, in December 2008, ths Council of #he City of Virginia Beach adopted 8 a Resolution stating its opposition to uranium mining in Virginia and ta lifting the existing 9 Iegislative mora#orium on uranium mining unless it could be demonstrated, to a 10 reasonable degree of certainty, that there would be no significant release of radioactive 11 sed'tments downstream of the site under any circumstances; and 12 13 WHEREAS, in the three and one-half years since the adoption of that Resoiution, 14 there have been a number of s#udies relating to uranium mining in Virginia, several of 15 which have dea[t specifically with the propased Virginia Uranium, lnc. mine and milling 16 facility at Coles Hill in Pittsylvania County, upstream nf the John H. Kerr Reservoir and 17 Lake Gaston; and 18 19 WHEREAS, two of the studies consisted of econornic assessments of the 20 proposed Co(es Hi11 project, and both such studies found that one large, or several 21 small, accidents or releases would significantly reverse the economic benefit of the 22 project, even if no serious harm to people or the environment oocurred; and 23 24 WHEREAS, at the reques# of the Virginia Coal and Energy Commission, the 25 National Academies of Sciences (NAS) has completed a study entitled "Urtanium Mining 26 in Virginia: Sc+entific, Technical, Environmental, Human Health and Safety, and 27 Regulatory Aspects of Uranium Mining and Processing in Virginia" (the "NAS Study"), 28 the purpose of which was to address a series of detaiied questions about uranium 29 mining, processing, and reclamation in order to assist the Cornmonwealth o# Virginia in 30 making decisions conceming the proposed uranium mining project; and 31 32 WHEREAS, the NAS study indicates that: (1) disposal ce{Is in which radioactive 33 tailings are stored represent significant long-term risks for radiological and ofiher 34 contamination; (2) limited data exist to confirm the long-term effecEnreness of uranium 35 tailings disposal cells; and (3) extreme natural events combined with human error have 36 the potential to resuit in the release of contaminants if disposal celEs are not designed, 37 constructed or maintained propedy, or if such ceils fai[ to perform as envisioned; and 38 39 WHEREAS, the NAS study concluded that the Commonweal#h of Virginia has no 40 experience with uranium mining, #hat the federal government has little or no experience Legislative Agenda General Assembly Session 2013 145 41 applying existing laws and regulations to states with wet climates and extreme 42 precipitation events, and thaf "fhere are gaps in legal and regulatory coverage for 43 activities involved rn uraniurn mining, processing, reclamation, and long-term 44 stewardship ... jandJ ... steep hurdles to be surmounted before mining and/or 45 processing could be esfablished within a regulatory environment fhat is appmpriately 46 protective of the health and safefy of workers, the public, and the environment"; and 47 48 WHEREAS, Michael Baker Engineers and the National Center for Computational 49 Hydroscience and Engineering, under contract to the City of Virginia Beach, have 50 completed a study (the "Michael Baker Study°) of the downstream water quality impacts 51 that would occur from a hypothetical, catastrophic breach of a single, above-grade 52 uranium mine taiiings disposal ceil located near Coles Hill; and 53 54 WHEREAS, it is acknowledged that if all of #he tailings are secured in properiy 55 designed, constructed, and maintained below-grade disposal cells, the li[celihood of a 56 major release of tailings to surface water is significantly reduced; and 57 58 WHEREAS, although existing regula#ions indicate that below-grade disposal of 59 uranium tailings is preferable to above-grade disposal, exceptions have been made for 60 environmental reasons, such as conflict with groundrtvater conditions, or for reasons of 61 economic feasibility, both of which may exist at the Coles Hill site or at heretofore 62 undiscovered uranium mining sites; and 63 64 WHEREAS, the NAS Study specifically dismissed the notion that below-grade 65 disposal af tailings would automatically be required, noting #ha# the first mine and mill 66 permit to be issued in more than three decades allowed partially above-grade disposal 67 ce11s, notwithstand€ng the fact that the safest;a.nd most environmentally sound solution 68 was below-grade disposaf; and 69 70 WHEREAS, the Michaef Baker Study indicates that in the aftermath of an 71 assumed catastrophe, radioactivity in the main body of Lake Gaston would remain 72 above state and federal regulatory levels for up to two months during wet years and six 73 ta sixteen rnonths during dry years; and 74 75 WHEREAS, for a number of legal, regulatory, political, institutional and technical 76 reasons, it is highly likely that a major release of taiEings downstream frorn the Coles Hitl 77 Gite wou!d force the City of Virginia Beach to discontinue pumping of the Lake Gaston 78 Water Supply Project, at least until contaminant levels had dropped wel{ below state and 79 federai regulatory levels; and . 80 2 Legislative Agenda General Assembly Session 2013 146 89 WHEREAS, during droughts, the Lake Gaston Project provides up to one-third of 82 the water in the Norfolk, Virginia Beach and Chesapeake water systems, and the loss of 83 the LakE Gaston project for an extended period of time could result in water shortages 84 far greater than those accurring in the 1980-81 drought; and 85 86 WHEREAS, a release of radioactive tailings such as that modeled in the Michael 87 Baker Study would have devastating adverse economic and other effects upon the City 88 af Virginia Beach, the Hampton Roads Region, and the (ocalities near to and 89 downsfream of the Coles Hill site; and 90 . 91 WHEREAS, operations vitaf to maintaining the nation's defense readiness at the 92 various military installations located in Hampton Roads could be adversely impacted by 93 water shortages that could result from a significant release of tailings, especially during a 94 dry period; and 95 96 WHEREAS, even a reiease of radioacfiive tailings of lesser proportions than the 97 worst case scenario modeled in the Michael Baker Study would resulfi in serious 98 economic impacts to thflse areas even after radioactivity levels dec[ined to levels within 99 legaf limits because of the inevitability of negative public perceptions and the resultant 100 damage to the regions' images and reputations as aftractive business and vacation 101 destinations; and 102 103 WHEREAS, it is absolutely clear, based upon the National Academy of Sciences 104 and other studies, that it cannot be demonstrated to a reasonabte degree of certainty 105 that fihere would be no significant release of radioactive secfiments downsfream of the 106 Coles Hill site under any circumstances, and therefore that the criteria in the Resolution 107 adopted by City Council in December 2008 have clearly not been s.atisfied; and 108 109 WHEREAS, while the probability of a major tailings release is small, the adverse 110 consequences of such a release would be enormous and unacceptable; 11 l 112 NOW, THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF 113 VIRGINIA BEACH, V{RGINIA: 114 115 That the City Council of the City of Virginia Beach hereby reaffirms its opposition 116 to uranium mining in Virginia, including the proposed Urginia Uranium, lnc. project at 117 Coles Hill, and to #he elimination of the existing legislative rnoratarium on uranium 118 mining in Virginia. 119 3 Legislative Agenda General Assembly Session 2013 147 120 The City Clerk is hereby directed to transmit a certified copy of this Resolution ta 121 each member of the City's Congressional and General Assembly Delegations. 122 Adopted by the City Council of the City of Virginia Beach on the 12 trlay af ,7une , 2012. CA-12301 .lune 6, 2012 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Utilities # N /? • . . City Attomey's Oifice 4 Legislative Agenda General Assembly Session 2013 148 Podic Report Background: In December 2008, City Council enacted a resolution stating that unless it could be demonstrated to a reasonable degree of scientific certainty that there would be no significan# refease of radioactive sedimenfis downstream under any circumstances, including, but not limited to, a direct hit on the mining facilities by a Probable Maximum Precipitation {PMP} storm event, the City of Virginia Beach was opposed to 1) uransum mining in Virginia, 2) the elimination of the existing legislative moratorium on uranium mining, and 3} any attempt to develop a regulatory framework for uranium mining. Although the General Assem6iy has not considered arty Eegislation that woulcf alter the existing moratorium on uranium mining, the Governor has appointed a taskforce to develop the regulatory framework for uranium mining with instructions that they complete that worlc by 2013. In ths three and one-half years since City Council's resolution, there have been a number of studies reiating to uranium mining in Virginia, several of which dealt specifically with the proposed Virginia Uranium inc. mine and mi{ling facility at Coles Hill, upstream of the John H. Kerr Reservair and L.ake Gaston. Four studies Qf particular relevance are: • The Socioeconomic impact of Uranium Mining and Milling -- Chmura, November 2011 • Proposed Coles Hill Uranium Mine and Mifl -- RTI, interna#ional, March 2012 • Uranium Mining In Virginia - National Academies af Sciences (NAS), December 2011 • Potential Impacts of Uranium Mining in Virginia on Drinking Water Sources - Michael Baker Engineers (under contract to Virginia Beach), February 2012 (Phase II) Considerations: The two economic studies indicate that if the Coles Hill mine and mill were ta go forward as currently proposed by Virginia Uranium, the net economic impac# in and around Pittsylvania County would be about $150 million per year and 1,000 jobs (direct and indirect) for 20 to 35 years. They also indica#e that even if the project is compliant with all environmental regulations, there will be moderate and measurable air, water and soil contamination and impacts close to the facility. Finally, they conciude that one large, or several small accidentslspills would significant[y reverse the economic benefit even if no serious harm to people or the environment occurred The IVatidnal Academies of Sciences (NAS) Studv: This study was commissioned by the Virginia Coal and Energy Commission, a legislative commission of the General Assembiy, for the purpose of infarming the Commonweal#h of Virginia with respect to uranium mining in this state. The NAS study canfirmed tha# there are signifcant deposits of uranium in the Blue 1 of 5 Uranium Mining in Virginia Legislative Agenda General Assembly Session 2013 149 Ridge/Piedmont provinces, although the Coles Hill site is the only economically viable si#e that has been discovered #o date. The study recognized that Virginia experiences extreme and unpredictable natural events, including catastrophic precipitation events, earthquakes, tornadoes, and debris flows which must be considered with respect to determining if any particular sifie is appropriate for uranium mining. The NAS study indicated that uranium mining in Virginia has the poten#ial to significantly impact air quality, surface and ground water quality, and the environment. The near and medium-term impacts may be substantia(ly reduced if world-wide best practices are rigorously and sustainably adhered to with respect to the regulatory framework, the design, construction, and operation of the facilities, and monitoring and enforcement. The study indicated that tailings disposal cells represented significant long-term risks for radioiogical and other contamination: uAtthough signfficant improvements have been made in recenf years to tailings managernent practices to isolate mine waste from the environment, limited data exist to confrrm the Jong-ferm effectiveness of uranium tailings management facilities ... Signifrcant potential environmental risks are associated with extreme natural events and failures in management practices. Eztreme natural events ... have the potential to lead to the release of contaminants if facilities are not designed and cons#rucfed to withstand such an evenf, or fail to perform as designed." NAS study at page 145. The NAS study discussed the Ciiy's computer model of a hypothetical, above-grade tailings disposal ce)I failure at Cofes Hill, as well as the primary criticism o# the City's model that the tailings would be dispased of below grade, thereby eliminating the possibiiity of large-scale release downstream. Hawever, the NAS study specifically disrnissed this argument noting tha# Colorado recently licensed a uranium mine and mill with partially above-grade disposaf cells, even though below-grade disposal was fhe best option. The study concluded that "there ane gaps in legal and regulatory coverage for activities involved in uranium mining, processing, reclarx?afion, and long-term stewardship." NAS s#udy at page 179. It also concluded that Virginia has no experience with uranium mining, and that the federal government has little or no experience applying existing laws'and regulations to stafies with wet climates and extreme precipitation events. The sfudy noted that Colorado and Canada have developed rigorous and sustainable uranium mining and mi{fing regulatory programs based upon world-wide best practices. These programs stress fully empowered and funded agencies with strong data-gathering, inspection and enforcement powers. The NAS study was silent on whethEr Virginia should, or should not lift the existing moratorium on uranium mining, but ;t did provide a single overarching conclusion: "lf the Commonwealth of Virginia rescinds the existing moratorium on uranium mining, there are sfeep hurdles #0 6e surmounted before mining and/or processing could be established within a regulatory environment that is appropriately profecfive of the health and safety of workers, the public, and the environment. There is only limited experience with modern underground and open pit uranium mining and processing practices in the wider United States, and no such experience in Virginia. At the same time, there exisf internationally accepfed best pracfices, founded on principles of openness transparencv and Aublrc involvemenf in oversiqhf and decision-makinq, that could provide a starting point fnr the Commonwealth of Virginra were it to decide that the moratarium should be Iifted. After nxtensive scienfific and technical briefings, substantial public input, reviewing numerous documents, and extensive 2of5 Legislative Agenda General Assembly Session 2013 150 deliberafions, the committee is convinced that the adopfion and riqorous implementation of . such pracfices would be necessarv if uranium mining; processrng, and rec/amation were to be undertaken in the Commonwealth of Virginia." NAS study at page 223, emphas9s added. The Virqinia Beach/Michael Baker Study: The Ciiy's study is a camputer simulation of downstream water quality impacts from a hypothetica(, catas#rophic breach of a single, above grade, uranium minE tailings disposal cell. It was prepared by Michael Baker Engineers and the National Center for Computational Hydrascience and Engineering. The madel does not simufate how or why a disposal cell might fail - i# simulates the outcome if one did as a result of a catastrophic precipitation event. It is a worst case simulation for a single, above grade cell failure in the Banister River watershed. It is a very unlikeiy svent that technology and regulations should prevent. VUI and its consultants have questioned certain aspects of the City's study. The only question with any merit is the argument that the tailings will be stored below grade. The computer simulation is based upon the breach of an above-grade disposal cell. The threat to surface water would be dramatically reduced if the tailings were stored below grade. However, the NAS study specifically dismissed the automatic presumption of below-grade disposal noting fthat the first mine and mili licensed in more than three decades allowed partially above-grade disposal cells, even though the best solution was below-grade disposal. The original Marline-Union Carbide engineering study of the Coles Hifl site in 1983 ruled out below-grade disposal because c?f groundwater conditions. There have been. no groundwater studies to support the feasibifity of below-grade disposal, and presentations made to the NAS by the USGS indicated that groundwater in the region was shallow and mobile, a{though data was limited. VU1 is not bound by any plan or statement of intentions in existence today. Mining economics, the price of uranium, and what regulafiions allow at the time of applica#ion will ciictate the mining and tailings disposal methods ultimateiy pursued. It is important to note that VUI's own consultant put the likelihood of below-grade disposal at only 50%. The Phase II results are similar in scope to the Phase I results, although far more detailed with ,respect to the theoretical contamination of Kerr Reservoir and Lake Gaston, following an assumed catastrophe. Ten to twenty percent af the radioactivity would remain in #he water coiumn and flow ciownstream, passing through Kerr and Gaston. Eighty to nineiy percent would settle in the river and reservoirs, mostly in the Banister River. Of the three contaminants modeled, uranium, thorium, and radium, the_latter has the most impact in the water column in terms of compliance with the Safe Drinking Water Act {SDWA} and Clean Water Act (CWA). Radioactivity in the sediments is a more significant and longer-term environmental prob(em than, in the water column. The computer simulation indicates that in the aftermath of an assumed catastrophe, radium radioactivity in the main body of Lake Gaston would remain above the SDWA and CWA Eevels for up to two manths during wet years and six to sixteen months during dry years. See attached graph. !n the absence of flaad control operatians, tributaries and coves in both reservoirs would not experience the contamination that would occur in the main body of the two reservoirs. However, flood control operations in Kerr Reservoir would cause contamination to intrude into some o# its tributaries and coves. This would not happen in Lake Gaston because Lake Gaston is not operated for flflod control. 3ofi5 Legislative Agenda General Assembly Session 2013 151 In contrast to the other water supply intakes in Kerr Reservoir and Lake Gaston, the Virginia Beach and Chesapeake intake is located in Pea Hill Creek, the largest tributary of Lake Gaston. Under normal conditions, there is a small net flow of water from Pea Hil! Creek to the main body of Lake Gaston. However, operation of the Gaston purrtp station reverses #he normal ffow of Pea Hill Creek and pulls water from the main body of Lake Gaston into the tributary. At normal operation, the pump station will pull about 5,000 acre-feet of water per manth from the main body of the lake inta Pea Hill Creek. The volume of water between the intake and the main body of the lake is about 15,000 acre-feet, so it wciuld take about three months for water from the main body of the lake to reach the intake. Most water treafiment plants are capable of remaving 50-90% of the three radiological contaminants in the City's study. However, this may be a moot issue. Significant resistance to drawing radioactive contaminants into Pea Hil1 Creek would be expected ftom the adjacent homeowners and jurisdictions, if not North Carolina. Also, the pipeline ciischarges into a waterway and lake in Isle of Wight and Suffolk. Adjacent property owners, and perhaps Isle of Wight and Suffolk, wouEd also be expected to object. The City does not have any state and federal permits required by the Clean Water Acfi to discharge radioac#ive pollutants into these waterways. Furthermore, it is not clear that the c9tizens of Chesapeake, Norfolk, or Virginia Beach - or their respectiv,e City Councils - would support co-mingling contaminated water with the regional water supplies, even ff the directors of utilities recommended it. For #hese reasons, it is assumed that the response to a catastrophic re{ease of tailings would be to discontinue operation of the Lake Gaston project unti[ the contamination dropped well below sta#e and federal regulatory fevels. Alternatives: The alternatives are to leave the existing moratorium in place, rescind it, or update and reaffirm it. . Recommendations: The Coles Hill project would have significant benefits to the lacal economy unless there was one big accident or severaE small ones. Uranium mining in Virginia could possibly be done safely but the necessary regulatory framework is not in place today and there are "steep hurdlesn to overcome before it would be. At#hough unlikely, extreme natural events combined with human errors could resulf in a signficant taifings release ftom above grade taiking disposal cells and this would require the Gaston pipeline to shut ddwn for a period of rnonths to more than one year. The (atter could cause water shortages in southside Hamptan Roads far greater than what occurred in the 1980-$1 drought. Although the Nuclear Regulatory Commission will be the regulator of tailings disposal, feceral regulators give great weight to the hosting state in a!I aspects of the regulatory process. Historical{y, Virginia has riot hacJ the regulatory philosophy idenfified by the NAS as being critical to safely rrzinE uraniurn in Virginia. It is a valid question to ask if it ever would. While the probability af amajar tailings release is small, the consequences are great. it is recommended that City Council reaffirm its opposition to uranium mining and to the lifting of the exiting legislative moratorium on uranium mining. 4 of 5 Legislative Agenda General Assembly Session 2013 132 J ?? m ? Prepared By. . Director of Public Utilities Reviewed By: fvm_-- Deputy Cl"anager Appraved B . "I L-,k ity nager a -4 -1Z Date Qate (A 'L, `L Date b ? ?'+e Date 5of5 Water Column Radium Concentration (G-Main07) Legislative Agenda General Assembly Session 2013 153 ]000 100 J a U a c" ? 14 ? `u c U t ? ? C 0.1 0.01 Dry Year r Wet Ycar - - - Radium MCL -?--------------------------- ---- -------?---------- --?-------- ? , _ .. . '.?.u. i A ? . . . . . ... .. 1 i i t:. .? ( ? . ? a, r `r ?? , >„3 ?r• "3.= ' *•r 9 ! s .' • = -' ' ? ? :.d?d1w^?i? C u „ ??. --.ii ?. ,?.?`; . . i : fl •: R. ? ..f._.. _ . ... ... . _"'.._.... .. _._. .._,.' .... . ,. . i ....... ? . .__.._ . ?? 1 ' --" "_. . ?'. 0 100 LW 300 4W 500 WV 7( DaYs Water Column Radioactivity (G-MainO'n 1000 ? loo U a ? ? 10 w ? ? ? 1 u w 0 'o a a 0.1 0.01 0 100 200 300 400 500 600 701 Day. Water ColumB Uranium Concentration (G-Main07) iooo .4 100 00 a G ? ZO C C U ? ? a a 0.1 0.01 ! . Dry Year i i ? Wet Year ! - - - Uranium MCL ____._......_.._........' . . .__ ___...?---....,_._ .. ? ............._. _ E._ ___._............. '------ --- ` - -' ----'---?'-- ---- ' --- '..'-----'--"-" " -- ' ------ - -- --- i .____ ._.__..._"_ '.....?._....__.?__? ._.__.._ ._.._....._?__--._...?:___.__._...__._.."____,._....."'....._}._......._?-.__"..._.??._?._._ J . Y ?p 9 v '? ? &I? I 0 100 200 300 400 SOD 600 1C Dava Legislative Agenda General Assembly Session 2013 154 City of Virgi?is Beach November 15, 2011 The Honorable Robert F. McDonnell Office of the Gavernor Patrick Henry Building, 3`d Floor 1111 East Broad Street . Richmond, Virginia 23219 Subject: Base Realignment and Closure (BRAC) Compliance Program Dear Governor McDonnell: Congrafulations on the recent General Assembly elections. A supermajority in the House of Delegates and a working majority in the Senate wi[I aElow you to leave a lasting impression on the Commonwealth. The City Council of Vrginia Beach respectFully requests that as part of that legacy that you include in your soon to be revealed budget for the next biennium funding for the Oceana Base Realignment and Closure (BRAC) compliance program. Our request would be for $7.5 million a year in both years of the biennium. This funding will allow the partnership that we have enjoyed, since the BRAC issue came to the forefront in 2005, to continue to move forward. Previously, we provided you wifh our report for the FY 2012 funds. As you can see from that report, we have obligated all of the funding available through June 30,, 2012. We also have a number of properties ready to be purchased when, hopefufly, new funding becomes available in the next biennium. Legislative Agenda The Honorabie Robert F. McDonnell General Assembly Session 2013 155 Subject: Base Realignment and Closure (BRAC) Compliance Program November 15, 2011 Page 2 Our successful partnership in protecting Navaf Air Station (NAS) Oceana has become a national modef. Your leadership an #his issue has also been exemplary. We sincereiy hope that even in these resource constricted times that you can fund the full $7.5 million proposed fnr each year of the next biennium. We look forward to continue working with you in making Virginia an even greater Commonwealth. F2espectFully, WiIliam D. Sessoms, Jr. Louis R. Jone Mayor Vice-Mayor iov Y `?C,?p'?" G"' • ? Glertn R. Davis, Jr. I . eStep Harry Diezel Council Member Council Member Counc MembE Robert M. Dyer Barbara M. He ley o n E. Utirin Council Member Council Member ouncil Member A44.?Rosemary&ilson ? Cauncil Member Q;4, - 91? h= J m . Wood n D. Moss Qp?mci Member ouncil Member cc: Virginia Beach General Assembly Delegation The Honorable Mark Wamer, U.S. Senate The Honarable Jim Webb, U.S. Senate The Honorable Congressman Scott Rigell, U.S. House of Representatives The Honorabie Terry Sui#, Secretary of Veterans Affairs & Homeland Security Admiral John C. Harvey, Jr., Commander, U.S. Fleet Forces Command -59- Itenz -VI-J.1 ORDINANCES/RESOL UTIONS ITEM #62346 Upon motion by Councilman Moss, seconded by Councilman DeSteph, City Council DENIED, THE DEVELOPMENT AUTHORITY ITEM BE INLUCDED WITH THE Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013 Legislative Agenda and City Council's goals and objectives Yoting: 2-9 (Motion to Approve lost to a negative vote) Council Members Yoting Aye: William R. "Bill " DeSteph and John D. Moss Council Members Poting Nay: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 13, 2012 -60- Itein -VI-J.2 ORDINANCES/RESOL UTIONS ITEM #62347 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Resolution REQUESTING the Virginia Department of Game and Inland Fisheries AUTHORIZE the City to DESIGNATE, POST and ENFORCE a"No Wake Zone" on a portion of the Lynnhaven River Troting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Tloting Nay: None Council Members Absent: None November 13, 2012 1 A RESOLUTION REQUESTING THE 2 COMMONWEALTH OF VIRGINIA DEPARTMENT 3 OF GAME AND INLAND FISHERIES TO 4 AUTHORIZE THE CITY OF VIRGINIA BEACH TO 5 DESIGNATE, POST AND ENFORCE THE SECTION 6 OF THE LYNNHAVEN RIVER BETWEEN CHANNEL 7 MARKERS "1 LR" AND "3LR" AS A"NO WAKE" 8 ZONE 9 10 WHEREAS, the marked navigable channels of the Lynnhaven River ("river") are 11 near residential properties; and 12 13 WHEREAS, the use of the river by powerboats in the channel, at times, create 14 dangerous and destructive wakes; and 15 16 WHEREAS, the wake created by these powerboats endangers persons 17 operating smaller watercraft, and causes damage to waterfront properties including 18 private docks, moored watercraft and erosion of rea4 property; and 19 20 WHEREAS, because of these problems various property owners along the river, 21 especialfy those in the area between channel markers 1 LR" and "3LR", have requested 22 that the area be designated and posted a"NO WAKE" zone; and 23 24 WHEREAS, the river is under the regulatory jurisdiction of the Commonwealth of 25 Virginia Department of Game and Inland Fisheries ("VDGIF"); and 26 27 WHEREAS, the VDGIF has indicated its willingness to authorize the City of 28 Virginia Beach to post and enforce a"NO WAKE" zone in this area of the river upon the 29 completion of public notice, a favorable recommendation by the City Council, and the 30 submission of a completed application; and 31 32 WHEREAS, the Virginia Beach Police Marine Patrol will accept and enforce the 33 new "NO WAKE" zone upon a favorable recommendation by the City Council, and the 34 approval of the application by the VDGIF. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE GITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 1) That City Council hereby recommends that the VDGIF authorize the City 40 of Virginia Beach to designate, post and enforce as a"NO WAKE" zone 41 that section of the Lynnhaven River from channel markers 1 LR" through 42 "3LR" representing a distance of approximately seventeen hundred 43 (1,700) feet; and 44 45 2) That the City Manager (or his designee) is hereby authorized and directed 46 to submit an application to the VDGIF for such authority, and to inciude 47 therewith such information and documentation as may be required. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t4ay of November , 2012. A P V AS T NTENT: APPROVED AS TO LEGAL UFFICI NCY: Public Work City Attorney's Office CA 12449 R-3 October 30, 2012 2 City of V'?r-ginia Beaclz w PUBLIC WORKS/OPERATIONS MANAGEMENT (757)385-1470 FAX (757) 427-0676 November 15, 2012 Commonwealth of Virginia Department of Game and Inland Fisheries State Boating Law Administrator PO Box 11104 Richmond, VA 23230 VBgOV.C0111 3556 DAM NECK ROAD VIRGINIA BEACH, VA 23453 Re: Application for Establishment of Regulatory Markers on Public Waters of Virginia Dear Mr. Guess, We are forwarding for your approval three copies of the permit application, proposed typical control sign & buoy specifications and a map indicating the proposed location for sign and buoy installations and modifications. Public notice was advertised twice in our local newspaper, The Virginia Pilot and several times on the Community Information Channel (City cable N Channel 11). In addition, this information was offered to all local newspapers, television and radio stations. I have attached the two copies which were published October 28 and November 4, 2012 in the Beacon of The Virginian Pilot newspaper. Also attached is a copy of the resolution approved by the Virginia Beach City Council regarding this request. As mentioned in the attached approved resolution, the intention of the City of Virginia Beach is to obtain approval by your Department for installation of regulatory markers. This will establish a"NO WAKE" zone on the Eastern Branch of the Lynnhaven River connecting to existing "NO WAKE" zones being Long Creek and Keeling Drain to provide for a safer traverse for all watercraft and to prevent further damage to waterfront properties. Upon your concurrence we plan to act in a timely manner to complete this project. Please contact Mark Johnson at (747) 385-1470 at your earliest convenience if any additional information can be provided or clarified. Sincerely, Mark B. Gemender, P.E. Public Works Operations Engineer COMMONWEALTH OF VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES Application for Establishment of Regulatory Markers on Public Waters of Virginia Date of Application November 2012 Proposed Date of Installation January 2013 A. APPLICANT 1. Name of Political Subdivision or Agency Citv of Virginia Beach, Dept. of Public Works Telephone Number (757) 385-1470 2. Name and address of individual to be responsible for installation and maintenance Mark Johnson Daytime Tel. No. (757) 385-1470 3556 Dam Neck Rd. Virginia Beach, VA 23453 B. NECESSITY OF REASON FOR REQUESTED MARKERS 1. Attach a letter, with two signed copies, addressed to Boating Coordinator, Deparhnent of Game and Inland Fisheries, P.O. Box 11104, Richmond, VA 23230, explaining conditions which make such markers necessary. 2. Political subdivision - attach three copies of public notice and proposed regulation or ordinance, which has been issued prior to this application. C. LOCATION OF MARKERS Body of Water: Lynnhaven River County: Ci , of Virginia Beach 1. Attach three copies of a map, chart section, or drawing to a scale which will readily depict the proposed zoned area to its surroundings showing the location of each marker to be placed in the water and its relation to nearby channels and water patterns. Have inset or attachment showing type of marker to be used at each location. 2. Latitude: see attached Longitude: see attached D. MARKERS Type and Number of Markers: 4- NO WAKE signs and 1- NO WAKE buoX 1. All markers must conform to specification as listed in Rules of Establishment of Uniform Regulatory Markers. State below names of manufacturer of commercial markers that will be used, or, if obtained otherwise, indicate source. City of Va. Beach Traffic Sign Shop and Smith & Nephew Rolyan, Inc. E. CERTIFICATION The applicant hereby agrees and certifies that all markers authorized by the Department will be installed and maintained at no expense to the Department; that all such markers will conform to the specifications, standards and conditions set forth in "Rules for Establishment of State Uniform Regulatory Markers on Public Waters of Virginia" and may be inspected at any time, without prior notice, by authorized personnel. Should markers not be maintained in satisfactory condition, the Department may order them removed at no expense to the Department. The applicant agrees that the Department of Game and Inland Fisheries will not be held liable with respect to any and all claims that may result from the installation and maintenance of such markers and the marking of any waters does not convey any exclusive privileges. (Sibnature) (Title) INSTRUCTIONS: Complete four copies. Mail three copies with supporting documents to: Law Enforcement Boating Coardinator Department of Game and Inland Fisheries P.O. Box 11104 Richmond, VA 23230 Updated July 2006 ? ? o? ?-; w LLC' CO' ? .41? ? I V? ?9 lFo ?c z ? -61- Iteni -VI-J.3 ORDINANCES/RESOL UTIONS ITEM #62348 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager EXECUTE a lease with AEN, LLC, d/b/a Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central Library at 4100 Virginia Beach Boulevard Yoting: 11-0 (By Consent) Coztncil Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None November 13, 2012 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE (3) 3 YEARS WITH TWO (2) ONE-YEAR RENEWAL 4 OPTIONS FOR THE COFFEE SHOP LOCATED 5 WITHIN THE CITY-OWNED PROPERTY KNOWN 6 AS THE MEYERA E. OBERNDORF CENTRAL 7 LIBRARY 8 9 WHEREAS, The City of Virginia Beach (the "City") owns property located at 10 4100 Virginia Beach Boulevard known as the Meyera E. Oberndorf Central Library, 11 which contains a coffee shop of approximately 593 square feet of floor area ("Coffee 12 Shop"). 13 14 WHEREAS, AEN, LLC (d/b/a Smart Coffee) ("Smart Coffee") is a coffee and 15 bakery establishment that desires to enter into a lease agreement with the City for a 16 term of three (3) years with two (2) one-year renewal options, to occupy and operate 17 the Coffee Shop. 18 19 WHEREAS, Smart Coffee has agreed to pay the City $500 per month, which 20 shall escalate by 3% each year. 21 22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for the term of 26 three (3) years, with two (2) one-year renewal options, between AEN, LLC d/b/a 27 Smart Coffee and the City for the Coffee Shop in accordance with the Summary of 28 Terms attached hereto, and made a part hereof, and such other terms, conditions or 29 modifications deemed necessary and sufficient by the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th 33 dayofNovember , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM /ZCA City Attorney Public Wo s/ Facilities Management CA12182 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D010\P016\00042218.DOC R-1 October 31, 2012 SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT CENTRAL LIBRARY, 4100 VIRGINIA BEACH BOULEVARD LESSOR: City of Virginia Beach LESSEE: AEN, LLC, d/b/a Smart Coffee PREMISES: Approximately 593 square feet located within the Meyera E. Oberndorf Central Library, 4100 Virginia Beach Blvd. TERM: December 1, 2012 through November 30, 2015, with Two (2) One-Year Renewal Options RENT: Five hundred dollars ($500) per month for the first year with 3% escalation, compounded annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Operate coffee shop for library patrons and staff, provide catering services for special events as requested by Library Manager • Recruit, train, employ, supervise, direct, discipline and if necessary, discharge all employees of the coffee shop • Keep, repair, and maintain the coffee shop in a safe, clean and orderly condition • Maintain Workers' Compensation Insurance as required under Title 65.2 of the Code of Virginia; maintain comprehensive general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence • Lessee shall have the exclusive right to operate a coffee shop within the Premises • Tender a security deposit in the amount of $500 RIGHTS AND RESPONSIBILITIES OF LESSOR: Library Manager/City shall have access to the Premises at any time, without prior notice, in the event of an emergency City shall provide electricity, HVAC, water, building maintenance and repairs for major items, and replacement of light bulbs City to provide existing chairs, tables, counters, lighting and other decorative items "as is" TERMINATION: • The City may terminate the Lease for any reason upon one hundred eighty (180) days' written notice LOCATION MAP MEYERA E. OBERNDORF CENTRAL LIBRARY- FIRST FLOOR 4100 VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH AU4AfNIU'+ \ l10 ? $t9PAFt ???, A0.G5e1NC ?1 COFFEE SH ? ----- , X 64vlqht `) YbPY4 LOYBY f? ? ? ? ? -62- Item -VI-J.4 ORDINANCES/RESOL UTIONS ITEM #62349 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encYOachments of City-owned property, known as Island Lake, for MYRTLE J. and JOHN F. DAVIS, II re removing pier/mooring piles and construct and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT 5- LYNNHAVEN) In consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand, paid to the City, receipt of which is hereby acknowledged, the City hereby grants the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. 2. The Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 3. Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity; and, Grantee shall bear all costs and expenses of such removal. 4. The Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee and within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee and the Grantee will bear all costs und expenses of such removal. 5. The Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 6 Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment, other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 7. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. The Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit' ). 9. The Grantee shall make a Seven Hundred Fifty Two Dollar ($752.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office, as compensation for the typically required fifteen (I S) foot- wide riparian buffer area that cannot be established on the property of the Grantee. Said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material, which will be used to restore buffer areas on other City-owned property. November 13, 2012 -63- Item -VI-T.4 ITEM #62349(Contiizued) 10. The Grantee shall maintain an existing mulched bed (approximately 1,100 sq. ft.) and forest canopy (approximately 1,500 sq. ft.). The Grantee will install a meandering buffer to include knock-out roses (the "Buffer ) of a size and species of the Grantee's choice, to be planted landward of the bulkhead near the South property line. 11. The Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000.00, per person injured and property damage per incident, combined, with the City listed as an additional insuYed. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 12. The Temporary Encroachments must conform to the minimum setback requirements as established by the City. 13. The Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 14. The Ciry, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may Yequire the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. November 13, 2012 -64- Item -VI-J.4 ITEM #62349(Continued) Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Williarn R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, BarbaYa M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 13, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS ISLAND LAKE LOCATED AT THE REAR OF 2405 BROAD BAY ROAD, FOR PROPERTY OWNERS JOHN F. DAVIS, II AND MYRTLE J. DAVIS WHEREAS, John F. Davis, II and Myrtle J. Davis desire to remove an existing pier and mooring piles and to construct and maintain a pier and a boatlift upon a portion of City property known as Island Lake located at the rear of 2405 Broad Bay Road, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John F. Davis, II and Myrtle J. Davis, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a proposed pier and a boatlift, to remove an existing pier and mooring piles, upon a portion of City property known as Island Lake as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF PIER & BOATLIFT IN ISLAND LAKE GPIN: 1499-98-3784 SHEET 1 OF 1 DATE: OCTOBER 10, 2012 SCALE: 1" = 30'," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement befinreen the City of Virginia Beach and John F. Davis, II and Myrtle J. Davis (the "AgreemenY'), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as John F. Davis, II and Myrtle J. Davis and the City Manager or his authorized designee execute the Agreement. 4 7 Adopted by the Council of the City of Virginia Beach, 48 of November , 2012. Virginia, on the 13th day CA-12171 R-1 PREPARED: 10/18/2012 APPROVED AS TO CONTENTS R S, REAL ESTATE P ?USEI APPROVED AS TO LEGAL SUFFICIENCY AND FORM ASSISY'ANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 16th day of October, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN F. DAVIS, II and MYRTLE J. DAVIS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 72, Section 1", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' FEBRUARY, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA - VIRGINIA BEACH, VA. - PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2405 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove an existing pier and mooring piles and to construct and maintain a pier and a boatlift, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS ISLAND LAKE) 1499-98-3784-0000; (2405 Broad Bay Road) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as Island Lake located at the rear of 2405 Broad Bay Road, Virginia Beach, Virginia, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF PIER & BOATLIFT IN ISLAND LAKE, GPIN: 1499-98-3784, SHEET 1 OF 1, DATE: OCTOBER 10, 2012, SCALE: 1" = 30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED FIFTY TWO DOLLAR ($752.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15-foot-wide riparian buffer area that cannot be 3 established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee shall maintain an existing mulched bed (approximately 1,100 sq. ft.) and forest canopy (approximately 1,500 sq. ft.). The Grantee will install a meandering buffer to include knock-out roses (the "Buffer") of a size and species of the Grantee's choice, to be planted landward of the bulkhead near the South property line. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, eertified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of 4 the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John F. Davis, II and Myrtle J. Davis, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2012, by , CITY , MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2012, by , CITY , CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: _ 6 (SEAL) By John . Davis, II, Owner By ? Myrtle J. Dav' , Owner STATE OF CITY/C-6tJfd?'t' OF to-wit: The foregoing instrument was acknowledged before me this ? day of LE2??-dCZ , 2012, by John F. Davis, II. 'x ??r7 (SEAL) Notary Public Notary Registration Number: EDWARD W SRITT NOTARY PUBLIC My Commission Expires: ?3/, 2C? f? Com;na??ti+?o??th of Virginia M Re9 !' 1°32?16 -? 1 y cc?,?,??;?;; r:l -- aY3,2016 STATE OF CITY/GekfNT-?'OF to-wit: The foregoing instrument was acknowledged before me this ?(?a ?'?'Cday of 2012, by Myrtle J. Davis. ? (SEAL) No ary Public Notary Registration Number: 19'3LLf(z, EDwARD W BRITT NOTARY PUBLIC My Commission Expires: A//19 V3/. 20 /?n CommonNfealth of Virginia Reg. 932zt6 My Com n:--ion r ,Iay 31, 2016 7 APPROVED AS TO CONTENTS / z,.*, - x ,?- SIGNAT ?I I /. /,., I . ? G EPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ? 9,4NK-R. AKMEYER, ASSI NT CITY ATTORNEY 8 ISLAND LAKE ? VIRGINIA BEACN CITY PROPERTY 0' 10' 20' 30' - - - - - lll? 68' ?_?--- SCALE: t 30' MLW SPAN- _ ? - ? - - ? - _ _ _ _ _ --- - - - - PROPOSED PIER \-CENTER LiNE AND BOATLIFf OF CnNAL 12.5' 0 PROP[RTY LINE „ W , 5 58 p8 ?3 PWE TREE O O O O O O 0 0 O O O O,O \_WSTALL KNOCK-OUT ROSES 3'-4' O.C. O PWE TREES-/ 3 PL 0 PROPERTY LINE J Q 'o HEDGE SHRUBS o, ? CAMELIA ? u' 0 SHRUBS 2 PL? ? O N m EXISTWG O OAK TREE 4 PL !;ZALEA ? SHRUBS SECTION I _OT 71 N/F BILL BACHSMITH 2401 BROAD BAY ROAD HEDGE GPIN #1499 98 5801 SHRUBS ? DOC #20100203000110940 MB45 P37 & 37A CLIPPER LANE ? 125' APPLICATION FOR ENCROACHMENT )HN F. DAVIS, II & MYRTLE J. DAVIS t05 BROAD BAY RD RGINIA BEACH. VA 23451 EDGE OF MEAN HIGH WATER EDGE OF MEAN LOW WATER INSTALL MEANDERING BUFFER ABOVE 7' CONTOUR LWE PIER TIEDOWN 1 2 A 110.6' 90.0' B 129.9' 87.1' #2405 32.0' I la O O O O O O O O O O -63 EXIST PIER & MOORING PILES (TO BE REMOVED) r7' CONTOUR WSTALL KNOCK-OUT ROSES J 3'-4' O.C. EXISTING ? OAK TREE ? HEDGE SHRUBS 2 O ? 9 . a o o a a 0 0 v SECTION I LOT 72 N/F JOHN F. DAVIS, II & MY T?_E JA DAVI`. 2405 BROAD BAY ROAD o GPIN #1499 98 3784 ' DOC #20120912001047230 a v ' MB45 P37 & 37A ?. 0 R=120.00 -...? . BROAD BAY ROAD 2 7.5o. =` 4g'32., PROPERTY LWE ? EXISTING HAZELNUT TREE 2 PL 1 SECTION I LOT 73 ? N/F BRIAN JONES 2409 BROAD BAY ROAD cu GPIN #1499 98 2733 ? DOC #200411180183248 M845 P37 & 37A ? 0 0 ° ?4,o,LTH OF ? ° DAVID KLEDZIK y Lic. No. 034674 ?.. 'rP0 10/10/2012 5??, ?SONAL EXHIBIT A r`?`r"'•"' "'. MARINE ENGINEERING & TECHNOLOGY PROPOSED ENCROACHMENT 1297 BRADDOCK AVE OF VIRGINIA BEACH, VA 23455 PIER & BOATLIFT SHEEf 1 oF i IN I N K DATE: OCTOBER 10, 2012 I 1 1 ?A ' W 4? 142.40' S 68'5503' I , ? k , i ; ??;1?'i 1 • . ? ? il , ? ! S': w , ' ' ?. .... ? f , .l r\? ? ? i w ? ? ? rs FO y V•' ? 0 -i W a, LLn ? l a ? ° w ' h X >,n ZZ_ m O W -. 0) O LL \ / /f ? QI> ?Upm2 Q J ri 0ua? UsN < \ F a_ Z O W? t J WF ? • l Q o ? ? U m LL ` ? S a: = 4 ? i ? !+ ? . 01 i ? ;/ 1 m -65- Itern -VI-J.S ORDINANCES/RESOL UTIONS ITEM #62350 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the Ciry Manager to EXECUTE the Phase V Development Agy-eement and an Agreement SUPPORTING the ViYginia Beach Development Authority's obligations under the Phase V documents and REQUEST VBDA to EXECUTE supporting documents re Town Center Phase V Yoting: 9-2 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coitncil Members Voting Nay: William R. "Bill" DeSteph and John D. Moss Coitncil Members Absent.• None November 13, 2012 1 ORDINANCE (1) APPROVING DOCUMENTS- FOR 2 PHASE V OF THE TOWN CENTER PROJECT, (2) 3 RECOMMENDING APPROVAL AND EXECUTION 4 BY THE CITY OF VIRGINIA BEACH 5 DEVELOPMENT AUTHORITY OF THE PHASE V 6 DOCUMENTS, AND (3) AUTHORIZING THE CITY 7 MANAGER TO EXECUTE AN AGREEMENT 8 SUPPORTING THE AUTHORITY OBLIGATIONS g UNDER THE PHASE V DOCUMENTS 10 11 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 12 Virginia Beach Development Authority (the "Authority"), the City Manager and City 13 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 14 Development Company, L.L.C. and its affiliates, regarding the continued 15 development of the Central Business District Project known as "The Town Center of 16 Virginia Beach" (the "Project"); 17 18 WHEREAS, the Project is a development arrangement between the Authority 19 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 20 development utilizing the structure of an economic development park in the B-3A 21 Pembroke Central Business Core District, an area of the City that is zoned to 22 optimize development potential for a mixed-use, pedestrian-oriented, urban activity 23 center with mid-to-high-rise structures that contain numerous types of uses, 24 including business, retail, residential, cultural, educational and other public and 25 private uses; 26 27 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 28 99-2567B establishing the Central Business District -South Tax Increment Financing 29 Fund (the "TIF"); 30 31 WHEREAS, Phases I, II and III of the Project have been completed and 32 Phase IV of the Project has expired; 33 34 WHEREAS, the Developer has worked with the City Manager and City staff 35 and has proposed a comprehensive development plan for Phase V of the Project; 36 37 WHEREAS, the City Manager and City Attorney, on behalf of the City and the 38 Authority, have pursued the negotiation of a Phase V Development Agreement and 39 other related Phase V documents (collectively, the "Phase V Documents") in 40 substantial conformity with the terms outlined on the Summary of Terms, attached 41 hereto as Exhibit A. A copy of the proposed Phase V Development Agreement has 42 been provided to City Council; 43 44 WHEREAS, included as one of the Phase V Documents is a support 45 agreement between the City and the Authority (the "Phase V Support AgreemenY") 46 pursuant to which the obligations of the Authority contained in the Phase V 47 Documents are supported by the City, (a) with the traditional public infrastructure 48 costs of the Project to be funded, in part, through the City's CIP and, in part, through 49 the Authority's Economic Development Investment Program monies and (b) with the 50 other obligations of the Authority structured to be paid, subject to annuat 51 appropriation, by (i) the available revenue from the TIF, including $2,500,000 in 52 EDIP Funds transferred from the Authority back to the TIF, and (ii) by available 53 revenue generated from the hotel taxes collected in Town Center (excluding those 54 taxes earmarked for the TGIF and TAP funds); 55 56 WHEREAS the City Council finds that Phase V of the Project will stimulate 57 the City's economy, increase public revenues, enhance public amenities and further 58 the City's development objectives for the Central Business District and provide 59 necessary components to further the goals contained in the City's Guidelines for 60 Evaluation of Investment Partnerships for Economic Development; and 61 62 WHEREAS, the City Council hereby approves the Phase V Documents and 63 desires that the Authority approve and execute the Phase V Documents. 64 65 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 66 OF VIRGINIA BEACH, VIRGINIA; 67 68 1. The City Council approves the execution of the Phase V Development 69 Agreement, which implements a development arrangement between the City of 70 Virginia Beach Development Authority (the "Authority") and Town Center Associates, 71 L.L.C. (the "Developer") for the development of Phase V of the mixed-use 72 commercial development project in the Central Business District utilizing the 73 structure of an economic development park known as the "Town Center of Virginia 74 Beach" (the "Project"), so long as such agreement is consistent with the Summary of 75 Terms attached hereto as Exhibit A, and such other terms, conditions or 76 modifications as may be acceptable to the City Manager and deemed legally 77 sufficient by the City Attorney. 78 79 2. The City Council requests and recommends that the Authority adopt a 80 Resolution consistent with this Ordinance (a) approving the Phase V Development 81 Agreement and all other documents required to implement the provisions of the 82 Phase V Development Agreement (collectively, the "Phase V Documents"), (b) 83 authorizing the execution of Phase V Documents, and (c) authorizing the City 84 Manager and the City Attorney, on behalf of the Authority, to proceed with the 85 development of any additional Phase V Documents necessary and appropriate or 86 contemplated by the Phase V Development Agreement to implement Phase V of the 87 Project consistent with the terms outlined in the Phase V Development Agreement. 88 89 3. On behalf of the City of Virginia Beach, the City Manager and the City 90 Attorney are hereby authorized and directed to proceed with the development of any 91 additional Phase V Documents necessary and appropriate or contemplated by the 92 Phase V Development Agreement to implement Phase V of the Project, with the 93 Phase V Documents to contain such terms as are consistent with the terms outlined 94 in the Phase V Development Agreement. 95 4. The Authority is hereby authorized to utilize $1,000,000 from its 96 Economic Development Investment Program ("EDIP") to partially fund the public 97 obligations as set forth in the Phase V Documents. 98 99 5. The Authority is requested to return $2,500,000 in EDIP Funds 100 previously provided by the City. 101 102 6. Upon receipt of the funds described in paragraph 5, supra, such 103 $2,500,000 are hereby accepted and appropriated, with estimated local revenues 104 increased accordingly, to the Central Business District - South Tax Increment 105 Financing Fund (Fund 169) to partially fund the public obligations as set forth in the 106 Phase V Documents. 107 108 7. The City Manager, or his designee, is authorized to execute and 109 deliver (a) the Support Agreement between the City and the Authority supporting the 110 Authority's obligations contained in the Phase V Documents and (b) such other 111 Phase V Documents to which the City is a necessary party to enable the Authority to 112 proceed with its obligations in Phase V of the Project. 113 114 8. The City Manager is authorized to modify the Phase V Documents to 115 which the City is a party to the extent such modifications may be technical in nature, 116 provided that after such modifications, the Phase V Documents shall remain in 117 substantial conformity with the Phase V Development Agreement and such 118 modifications are in a form deemed legally sufficient and satisfactory by the City 119 Attorney. 120 121 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th 122 day of November , 2012. REQUIRES AN AFFIRMATIVE VOTE BY A MAJORITY OF ALL THE MEMBERS OF CITY COUNCIL APPROVED O LE L SUFFICIE Y AND M City Attorney __ APPROVED AS TO CONTENT Economic Development P VED AS TO FUNDS AV ILA ITY t-- ina epartment CA12406 V:\applicat ions\ciryl awprod\cycomi2\ W pdocs\D006\P004\00000226 DOC R-3 November 6, 2012 APPROVED AS TO CONTENT anage nt lervices EXHIBIT A SUMMARY OF TERMS- PHASE V TOVVN CENTER Phase V of the Town Center Project will consist of a single-block mixed use development on Block 11 of Town Center (presently surface parking) 1. Scope of Proposed Improvements Single Block, Multi-facility, Mixed-use Development / Main Building: 14 Stories • Parking Garage, Approx. 850-875 Spaces (6levels) • Office Tower (8 levels above garage) • Apartments above ground-level parking (4 floors- approximately 267 units) • Retail, Main Lobby and Apartment Lobby (approxirnately 18,000 sq. ft.) 2. Developer Oblipations A. Developer owns all of the land except for a 30' Strip along the western edge of the block. Developer to purchase the 30' Strip from Authority (at Authority's cost of acquisition and cost of carry). B. Construct all improvements: • Office Tower • Main Lobby • First Floor Retail • Parking Garage • Apartments • Streetscapes C. Estimated Private Investment: $70.4 million 3. Authority Obli2ations A. Pay for Infrastructure Improvements: • Estimated Cost: $1,000,000 • To include streetscapes, utilities, traffic signals B. Lease 1 floor in new 14-story Office Tower. • Leased Area: - 20,000 square feet • VBDA's rent- Starting at $28.25 per square foot • Rate not to be higher than anchor tenant C. Extend term of current lease in Armada/Hoffler Tower by two years (11/1/12 throubh 10/31/14). • Developer has right to move Authority to alternate location in Town Center during term if 10`h floor is needed far Hampton University. • Developer bears all costs of move. D. Purchase Parking Garage: • Estimated Cost: not to exceed $18 million • Exact price to be determined based on construction costs 4. Other Terms: A. New office tower to be anchored by Clark Nexsen. Leasing 4 fu11 floors Anticipate approx. 350 employees to relocate to Virginia Beach B. Developer to construct temporary parking lot on Block 9 to partially replace spaces lost during construction. Cost to be split between Developer and Authority (Authority's share, estimated at $75,000, to come from $1 million infrastructure budget). -66- Itefii -VI-J.6 ORDINANCES/RESOL UTIONS ITEM #6235I Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance DECLARING a Local Emergency re HurYicane Sandy Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None November 13, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY DUE TO HURRICANE SANDY WHEREAS, Virginia Code § 44-146.21 authorizes the local director of emergency management to declare the existence of a local emergency, subject to confirmation by the governing body; WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency Management and appointed the City Manager as the Director of Emergency Management; and WHEREAS, in response to the imminent threat of damage posed by Hurricane Sandy, the City Manager, as the Director of Emergency Management, issued a Declaration of Local Emergency on Saturday, October 27, 2012, effective at 5:00 p.m. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms the Declaration of Local Emergency issued by the City Manager on October 27, 2012, a copy of which is attached hereto and incorporated by reference, and hereby ends the declared emergency, effective Monday, October 29, 2012, at 6:00 p.m. Adopted by the Council of the City of Virginia Beach on the 13th day of November 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Qtff \ as Lz- . ?% C? City nager's Offi City At ey's ic CA 1N62 R-2 October 30, 2012 City of 134ei-'ach VBgov.com OFFICE OFTHE CITY MANAGEH MUNICIPAL CEIV'TER (757) 385-4242 BUILDING t, ROOM 234 FAX (757) 427-5626 2401 COURTHOUSE DRiVE TUD (757) 385-0305 VIRGINIA BEACH, VIRGINIA 23455-9001 DECLARATION OF LOCAL EMERGENCY T, the undersigned, as City Manager and Directar af I:mergency Management for the City of' Virginia Beach, find the imminent threat of hurricane generated winds, forecasted to eause coastal flooding and the very real possibility of tornadocs and power outages, along with the loss or interruption of vital City services posed by Hurricane Sandy to be of sufficient severity and magnitude to warrant coordinated local governrnent action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Ernergency in the City of Virginia Beach beginning October 27__, 2012 at s; 40 P" , In accordance with this lleclaratian, the Office of' T:mergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all pawers, duties and functions prescribed by State a local laws, riales, regulations and plans as may be necessary to adequately and appxopriately respond to said Local Emergency. ? . Spare, City Ma er & rnergency Management of I: Vr (0?--?o WL 9-? 3,()))--. (llate) -67- Iteni -VI-J.7 ORDINANCES/RESOL UTIONS ITEM #62352 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH Inter-Facility Care, LLC and AUTHORIZE an annual EMS permit for private services Yoting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. DyeY, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 13, 2012 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF MED 1 2 INTER-FACILITY CARE, LLC IN VIRGINIA BEACH AND TO 3 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING 4 PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Med 1 Inter-Facility Care, LLC; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Med 1 Inter-Facility Care, LLC for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2013. 33 13th 34 NovMp?ed by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? Ertier ency Medical Services /? . City Attorney's Office CA 12456 R-1 October 22, 2012 -68- Itefn -VI-J.8 ORDINANCES/RESOL UTIONS ITEM #62353 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE and TRANSFER a Thirty Thousand Dollar ($30, 000) donation from Miyazaki City, Japan, re construction costs of the Azumaya and expansion of the Miyazaki Garden at Red Wing Park Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Cocincil Members Yoting Nay.• None Council Members Absent.• None November 13, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO APPROPRIATE AND TRANSFER A DONATION FROM MIYAZAKI CITY, JAPAN, ONE OF THE CITY'S THREE SISTER CITIES, TO OFFSET A PORTION OF THE CONSTRUCTION COSTS OF THE AZUMAYA LOCATED IN THE JAPANESE GARDEN AT RED WING PARK WHEREAS, On April 4, 2012, Miyazaki City, Japan, one of three Sister Cities to the City of Virginia Beach, donated thirty thousand U. S. dollars ($30,000) to offset a portion of the construction costs of the Azumaya and expansion of the Japanese Garden at Red Wing Park; and WHEREAS, to expedite the project the Department of Parks and Recreation charged the construction costs to the City Beautification Fund and other Landscape Maintenance accounts, completed the construction of the Azumaya, and the Dedication Ceremony was held July 25, 2012. WHEREAS, the donation from Miyazaki was not appropriated in FY 2011-12, so these funds remain available for appropriation in the fund balance of the General Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $30,000 is hereby appropriated from the fund balance of the General Fund, with estimated revenues increased accordingly, to the FY 2012-13 Operating Budget of the Office of the City Clerk in the Sister Cities Program; and 2) $30,000 is hereby transferred from the FY 2012-13 Operating Budget of the Office of the City Clerk to the City Beautification Fund (Fund 908) for reimbursement of the construction costs of the Azumaya and expansion of the Japanese Garden at Red Wing Park. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Management Services H y Att s Office CA12461 R-1 October 22, 2012 . -? i .,ir'1. .. .. ?t. ,;. .f,.-r. . . . . ., ^ ? O E^l W L^` W V c- 0 +j m V ? ? tB ? ? C N Q z W ? ? J 1 U ? ? Z DA V I ? 0 ? N d a" N L 2 m ? N ? v .? m c ? u ? `o L 47 N ? > .Z ? N 0 L 3 ? L ? CL 0) c ? N N O 0:? N C ? ? N -2 ? ? t? N ? A 0?- c 0 N U C O m N ? « ? c m ? ? m Q. S, U N ? ;L `t 0 Z ? U ? c a? E OC ? ` C T C. V g ? Q ? > 3 ? - O G? `02-0 c ? N Q +-' ? c.M ??? ? Q E ? Y ? / ? L Z) N Q W i 1 L L y C ? ? 0 m u0i V L.L L N O N ? N ? ? N L ? Q N w ? m E Q'? Q Q Q O O ? V? - cVii ? o cv 4J Z ? ? ? > 3 U E O ? ? V ? u, ? •? +? a? o O y ? ? O 2 2 1 ? U ? N .+ a e N a. c 3 ? ? m .2 ?n E ? f0 y ? 7 tp GI ? ? C a o A C a O !? N N 10 ON) ? C a ? N? , o E ? d T V ?C ?m„ O m ?o J y m p? p C m T 0 -2 y N V d ) ?p 2 ? ? c d J N ?A N ?+ ? ? O r. > Q .G m a ? Q T IO y? ? vEi a d m ?? ? ° y ? N ?', ? 'C d N ? aV? A y o c Y a 1 f0 N ? a C E .J U e,, Cf ?p !! 'jN L i0 O ? « ?+ n ? V J t m R 0 y CO c v 8. " 't A p ?`o c N 2 ? N C Q N c aC A i £ o ? ? 0 E ? m tE . ,n u 2 mm V _VOl C ? y !'? 10 L L N N O TU 3 Ti N E C: a m ? Q1 Z ? r +' a?i °' U ? p ? - ?? V M N a ? o • }j > 16 f? Y ? ? ? y ;L Vf ? f ++ ? c0 ? ? -? LLl N CL n Y o U f? C Z 0 ?N E ? O ? Y o ? ? ? V °u C? C .? = c O L ? ? Q1 Q f0 ++ . ? ` a = (1) N y s U L (L Q g N Ol O1 G? N O y C. ?o E '? -? . y y d L T ; J Y ? ' ? ? N > o O w C R C L N L O_ N ? G) C '? A O 10 ? d U C O O `? d y d L ? 10 I p C N .U ? Y N m N m d y Y T ? 'a ? O o c 0 "o N - A ? o . p ' a) G! ? E $ m d o a A 3 2 c y ? 0 y d E ? > o C O $ ? - - u X ? ? c m Cl ? •"-' o m a m c C O G C ? M .7 7 c 0 N ? = i. 'o ? ? 2 E ? 0 O Q ? C Y ? 41 2 "' 7y Q G1 O w d ? u O O. L f0 n N -C N ? E N °- O ?o y a C d a 3 d Y o a `, ? '° c O m C? Y f0 ? Q? y A O E ? ? x f0 m Z E -c. °u F°- u. ? ? ~ ° o i -69- Item -VI-K PLANNING 1. BRAVA LLC ITEM #62354 2. COLONIAL COLLISSION CENTER, LLC DBA RICK HENDRIX COLLISSION CENTER 3. ROBERT and RAMONA CASTNER 4. ARCHANGEL ENTERPRISES, INC. 5. MPB, INC. 6. CITY OF VIRGINIA BEACH MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING CONDITIONAL USE PERMIT CHANGE OF ZONING FLOODPLAIN VARIANCE November 13, 2012 -70- Itent -VI-K PLANNING ITEM #62355 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, 5(DEFER TD 121412012) and 6 of the PLANNING AGENDA. Tjoting: 11-0 (By Consent) Council Members Troting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coztncil Members Yoting Nay: None Coztncil Members Absent.• None November 13, 2012 -71- Iteni -VI-K.1 PLANNING ITEM #62356 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED, BY CONSENT, Application ofBRAVA L.L.C., for Modifcation of Conditions Nos. 1 and 2 re a parking lot at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW enlargement of the parking area (DISTRICT 6 - BEACH); subject to: 1. Except as required by Condition 2, improvements shall be in substantial conformance with the Plan entitled, "Parking Lot Site Plan, Ocean Horizons Properties, LC, Virginia Beach Development Co., Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated October 11, 2011, and revised April 24, 2012, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Standard perimeter parking lot landscaping shall be Yequired along Pacific Avenue and 20`h Street to include a minimum five foot (5 ) wide planting bed with a combination of trees and evergreen shrubs. 3. The attendant Kiosk shall be similar in design to the building elevations of the 4'-10" x 6'-7" Hardi-Panel siding with vinyl corner trim, submitted with the 2011 Conditional Use Permit. 4. The gate shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final Site Plan for approval. 5. The hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots within the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during Site Plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 9. Provide, at Site Plan review, a Stormwater Management Plan for water quantity conveyance and storage and water quality treatment, in accordance with the City's Site Plan, Stormwater Management Ordinances and Public Works Specifications and Standards. 10. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant is stationed on the site to valet park vehicles. November 13, 2012 -72- ITEM #62356(Continued) The Planning Commission ADDED the following condition to those recomniended by staff (listed above). 11. If a fence is installed, provide a non-opaque fence no taller than four (4) feet, constructed of maintenance free materials along the perimeter of the parking lot, with the exception of the gated ingress/ egress. Landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of November, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None November 13, 2012 -73- Iteni -VI-K.2 PLANNING ITEM #62357 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of COLONIAL COLLISION CENTER, LLC, DBA Rick Hendrick Collision Center, for a Conditional Use Permit re automobile repair facility/garage at 2700 International Parkway (DISTRICT 6- BEACH); subject to: The site shall be developed in substantial accordance with the submitted "Conditional Use Permit Exhibit 2700 International ", dated 09111112, and prepared by Martin Engineering. Said "Preliminary Plan " has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be developed in substantial accordance with the submitted "Conceptual Perspective 1 2700 International ", dated September 10, 2012, and prepared by Finley Design. Said perspective has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The fence shall be developed in substantial accordance with the submitted "Fence Exhibit 2700 Building" and dated July 30, 2012. Said fence exhibit has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. Building and monument signs shall be designed in substantial accordance with the submitted "Sign Elevations 2700 International Pkwy ", dated July 26, 2012, and prepared by Cardinal Sign Corporation. Said sign exhibits must meet Zoning Ordinance requirements. Said sign exhibits have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 5. All motor vehicle repairs shall take place inside the building. No inoperable vehicles shall be located in the parking area outside of the vehicle storage area. 6 There shall be no outside display or storage of equipment, parts or materials. 7. There shall be no storage containers outside the building or parking spaces. 8. No outdoor speakers or public address system shall be permitted. 9. All outdoor lights shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from all adjoining properties. 10. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use gr°oup. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of November, Two Thousand Twelve November 13, 2012 -74- Iterii -VI-K.2 PLANNING ITEM #62357(Continued) Voting: 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood CoLCncil Members Yoting Nay: None Council Members Absent.• None November 13, 2012 -75- Itein -VI-K.3 PLANNING ITEM # 62358 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ROBERT and RAMONA CASTNER for a Conditional Use Permit re home daycare at 5236 Windsor Lane (DISTRICT 2- KEMPSVILLE); subject to: The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 8: 00 A.M. to S: 30 P.M. 3. No more than one (1) person, other than the applicant, shall be employed by the home Daycare and attendant at any one time. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 5. No signs advertising the "home " Daycare shall be permitted on the lot or any structure on the lot at any time. 6 The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for "home " Daycare use. City Council defzned "one employee " as "one employee at a time " This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the ThiYteenth day of November, Two Thousand Twelve November 13, 2012 -76- Iten: -VI-K.3 PLANNING Yoting.• 11-0 Coitncil Members Voting Aye: ITEM #62358(Continued) Glenn R. Davis, Willianz R. "Bill " DeSteph, Hariy E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson antl James L. Wood Council Members Tloting Nay: None Coiincil Members Absent: None November 13, 2012 -77- Item -VI-K.4 PLANNING ITEM #62359 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Applications of ARCHANGEL ENTERPRISES, INC., at Maxey Drive and Virginia Beach Boulevard (DISTRICT 6- BEACH); subject to: a. Change o Zonin from A-12 Apartment to B-2 Community Business An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court b. Conditional Use Permit re motor vehicle sales/service The site shall be developed substantially in accordance with the submitted "Site Developinent Plan of Virginia Beach Autoplex, Virginia Beach Boulevard and Maxey Drive ", prepared by NDI Engineering Company, Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed buildings shall substantially adhere to the submitted "Lynnhaven Motor Company Presentation Package ", prepared by Ionic Dezign Studios, and dated July 20, 2012. Said rendering package has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non-business hours. 4. Parking spaces and display area spaces shall be clearly delineated in the parking lot, in accordance with the approved Plan. Vehicles shall be parked in the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. TTehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscaped areas on the site. Yehicles shall not be displayed with the hood of the vehicle open. 5. There shall be no electronic display signs, neon signs or neon accents installed on any wall area of the exterior of the bLiilding, windows and doors. There shall be no pennants, streamers, balloons, poYtable signs, strings of lights or banners displayed on the site or the vehicles. 6 No outdoor speakers or public address system shall be permitted. November 13, 2012 -78- Iteni -VI-K.4 PLANNING ITEM #62359(Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Thirteenth day of November, Two Thousand Twelve Yoting: I1-0 Council Members Yoting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 13, 2012 -79- Itein -VI-K.5 PLANNING ITEM #62360 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 121412012, BY CONSENT, Application of MPB, INC. for a Conditional Change of Zonin? from AG-I and AG-2 Agricultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue (DISTRICT 7- PRINCESS ANNE) Yoting: 11-0 Council Members Yoting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. UhYin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 13, 2012 -80- Item -VI-K.6 PLANNING ITEM #62361 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CITY OF VIRGINIA BEACH for a Floodplain Tjariance re parking lot improveinents at Little Island Park at 3820 Sandpiper Road (DISTRICT 7- PRINCESS ANNE); subject to: When Phases 1B, 2, and 3B are constructed, the parking lot shall be in substantial conformance with the exhibit entitled "Little Island Parking Lot Improvements, Proposed Conditions, " prepared by LandStudio, PC, dated 81112012. A separate Floodplain Variance will be required for the Phase 3A improvements, if a variance is determined to be necessary, prior to construction. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Thirteenth day of November, Two Thousand Twelve Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None Novernber 13, 2012 -81- ITEM VI-L APPOINTMENTS ITEM #62362 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF B UILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BA Y PRESER VA TIONAREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SER VICES BOARD - CSB EASTERN VIRGINIA HEALTH SYSTEMS AGENCY GREEN RIBBON COMMITTEE HISTORIC PRESERVATON COMMISSION HISTORICAL REVIEW BOARD RESORT ADVISORY COMMISSION SOUTHEASTERNPUBLIC SERVICE AUTHORITY VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION November 13, 2012 -82- Item -VI-O AD.IOURNMENT ITEM #62216 Mayor William D. Sessoms DECLARED the Ciry Council MeetingADJOURNED at 6:18 P.M. ? ,110?e Amanda Finley-Barnes, CMC Chief Deputy City Clerk C?, ???'? i/? Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor November 13, 2012 -83- PUBLIC DIALOGUE Christine Ross, 1647 Ocean Bay Drive, Phone: 905-1835, stated Lyme Disease is a life threatening illness and prevention is the best way to stop the spread of the disease. So why don't you legalize the ownership of backyard chickens? Ms. Ross also requested the Ciry close the abortion clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". Jimmy Frost was a designated Poll Officer and was proud to serve the City. Mr. Frost arrived at the Precinct at 5:45 A.M. and everyone was shocked to see the lines grow. The Poll workers did everything they could to move the process along. Mr. Frost stated so much has been given for our freedom and liberty and questioned how anyone can complain about standing in line to vote. Jennifer Colaizzi, 3753 Chesterfield Avenue, Phone: 271-3240, expressed her concerns regarding Marlin Bay Road extension. Ms. Colaizzi stated she has a petition with over 300 signatures and is working on getting more. Tracy Okroy, 840 Crepe Myrtle Court, Phone: 513-7825, requested the City legalize backyard chickens. Ms. Okroy stated the chickens are quiet, eat Lyme disease ticks and provide a source of nutrition. Ms. Okroy advised Norfolk and Suffolk allow backyard chickens. Vince Colaizzi, 3753 Chesterfield Avenue, Phone: 271-3240, expressed his concerns regarding Marlin Bay Road extension. Mr. Colaizzi requested City Council preserve this property. Karen Murphy, the founder of Friends of Live Oaks in Virginia Beach, requested Ciry Council consider alternatives to the development of 15 privately owned lots surrounding Pleasure House Point. The Public Dialogue re Non Agenda Items concluded at 6:32 P.M. November 13, 2012 -82- Item -VI-O ADJOURNMENT ITEM #62216 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:18 P.M. Amanda Fin ey- arne , C C Chief Deputy Ciry Clerk /.??t ?=?-? uth Hodges Fraser, MMC Ciry Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor November 13, 2012