HomeMy WebLinkAboutDECEMBER 10, 2013 MINUTESCITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Large
ROBERT M. DYER, Centerville - District 1
BARBARA M. HENLEY, Princess Anne - District 7
JOHN D.MOSS, At -Large
AMELIA ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lvnnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITYATTORNEY MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
10 December 2013
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov.com
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patti Phillips, Director — Finance
B. CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE
Ashby Moss, Planning Evaluation Coordinator — Planning
C. STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELINES
Barry Frankenfield, SGA Director
D. VIRGINIA TOURISM GAP FINANCING PROPOSAL - Cavalier Associates
Barry Frankenfield, SGA Director
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
3:30 PM
Building 19
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL CITY COUNCIL
C. RECESS TO CLOSED SESSION
1:30 PM
4:30 PM
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Evangelist Antonio Carnota
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 December 3, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATIONS
1. 2013 " Holiday Lights" Student Design Competition
Bobby Melatti — Beach Events
Kathleen Viloria — Salem High School
2. American Public Works Association National Accreditation Award
Philip A. Davenport, Director — Public Works
3. Resolution — 50th Anniversary of the City of Virginia Beach
I. PUBLIC HEARING
1. Property Tax Exemption — The Victors
J. ORDINANCES/RESOLUTIONS
1. Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property taxation
2. Resolution to SUPPORT a "first day introduction" requirement for General Assembly Bills that
create local fiscal impacts
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a second modification to the Term
Sheet between the City and YMCA of South Hampton Roads to REMOVE the requirement for
covering the pool and EXTEND the start date of construction to June 1, 2014
4. Ordinance to DECLARE City -owned property at Princess Anne Road and South Independence
Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE conveyance of same
to Smith/Packett Med-Com, LLC
5. Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street for
Columbus Station Associates, LLC
6. Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach
Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use facility
for persons with intellectual disabilities
DISTRICT 7 — PRINCESS ANNE
7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for
Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue
DISTRICT 6 - BEACH
8. Resolution to AMEND and RE -ADOPT the October 2012 City/School Revenue Sharing
Formula Policy re public-private partnerships requiring incentive payments re Net -New Tax
Revenue
9. Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds:
a. $2,655,978 for Elementary instructional and improvement initiatives, the Equity Affairs
Office, bus and high mileage vehicle replacement, purchase of laptops and iPads and
conversion of the old Kellam High School to the Princess Anne Middle School.
b. $175,544 for purchase of athletic equipment
c. $16,000,000 re anticipated operating budget shortfall, emergency expenditures and fiscal
emergencies
K. PLANNING
1. Application of CAH HOLDINGS, LLC/LC REALTY, LLC for a Conditional Use Permit re an
indoor automated car wash at 3565 Holland Road
DISTRICT 3 — ROSE HALL
RECOMMENDATION: APPROVAL
2. Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN H.
WALDRON for a Conditional Use Permit re outdoor recreation for flag football at Shore Drive
and First Court Road
DISTRICT 4 — BAYSIDE
RECOMMENDATION:
APPROVAL
3. Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7 on a
Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 Princess
Anne Road
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION: APPROVAL
4. Applications of CAVALIER ASSOCIATES:
DISTRICT 6 - BEACH
a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront:
Resort District re a residential community
b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form -
Based Code.
c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and 4200
Pacific Avenue
RECOMMENDATION: APPROVAL
5. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of
Zoning, from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
L. APPOINTMENTS
HISTORIC PRESERVATION COMMISSION
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
*****************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
********************************
12/10/13 st
2014 CITY COUNCIL RETREAT
Economic Development Conference Room
8:30 A.M.-S:00 P.M
Monday, January 6th'
and
Tuesday, January 7th, 2014
2013 CITY HOLIDAYS
Christmas Eve (half-day) - Tuesday, December 24
Christmas Day - Wednesday, December 25
-1-
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 10, 2013
Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council
Conference Room, Tuesday, December 10, 2013, at 1:30 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and
James L. Wood
Council Members Absent:
John E. Uhrin
December 10, 2013
-2 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361
1:30 P.M.
Mayor Sessoms introduced Patti Phillips, Director - Finance. Ms. Phillips advised the Finance
Department officially closed the City's financial accounting records for Fiscal Year ending June 30,
2013. This presentation will reflect the City Council's Goal of creating a financially sustainable City by
providing excellent services to provide transparent and understandable financial information.
Audited Financial Results for the
Fiscal Year Ended June 30, 2013
Mrs. Phillips introduced Robert G. Bielat, Partner - Cherry Bekaert & Holland.
g, Cherry Bekaert Comments
• FY 2013 Audited Financial Statements
• Implemented GASB Pronouncements
• Entity Wide Statements - GASB 34
• General Fund
School Operating Fund
- Water & Sewer Fund
- Waste Management Fund
• TIP Fund
• Debt - June 30, 2013
• Fiscal Year 2014 - Through November 30, 2013
2
December 10, 2013
-3 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Mr. Bielat provided the following overview:
Overview
i Overview of Auditors' Opinion
e Required communication of significant audit matters
► Questions
December 10, 2013
-4 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
The Auditor's opinion is outlined below:
dile aiti _ G
Auditors' Opinion on the Financial Statements
► Unmodified Opinion
• Accounting principles generally accepted in the United States of
America
• Material transactions or balances
• Compliance with laws and regulations material to the financial
statements
Cherry E,,,,
a"l
Iu
11,
Required Communications
► Our responsibility under generally accepted auditing
standards:
• We assessed risk that the financial statements may contain a
material misstatement, either intentional or unintentional.
• We documented and considered internal controls to assist us
with our audit approach, not for the purpose of providing
assurance on those controls.
Cherry hek
December 10, 2013
-5 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Required Communications
► Our Responsibility under Government Auditing
Standards (The Yellow Book)
■ We reviewed and tested the City's compliance with laws and
regulations, noncompliance with which could have a material
impact on the financial statements.
• We reviewed compliance with applicable laws and regulations
identified in the Specifications for Audits of Counties, Cities
and Towns issued by the Auditor of Public Accounts of the
Commonwealth of Virginia.
s Cherrys==t.:;n!
Required Communications
► Our Responsibility under OMB A-133
• We performed procedures in order to express an opinion on the
City of Virginia Beach's compliance with requirements applicable
to major Federal programs. Our opinion is unmodified.
• We performed tests of controls to assess the City's ability to
detect material noncompliance with program requirements, not
to express an opinion on controls.
December 10, 2013
-6 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Required Communications
Independence
• In accordance with AICPA Rule 101, and the independence
standards contained in Government Auditing Standards, we
were, and continue to be, independent with respect to the City of
Virginia Beach.
► Accounting Policies
• The City adopted GASBS Nos. 61, 63 and 65. All other existing
policies have been consistently applied.
Required Communications
► Estimates
• These statements include estimates, including:
• Allowance for Uncollectible Accounts
• Other Post Employment Benefits liability
• Claims Liability
ry
December 10, 2013
-7 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Mr. Bielat was pleased to report.•
Required Communications
® Significant Audit Findings
• There were no disagreements or difficulties in dealing with
management.
• There were no misstatements individually or in the aggregate
identified during our audit.
• There were no consultations with other accountants.
y
Audit Presentation
The City of Virginia Beach
December 10, 2013
s"4 -C ferry -_>i t
Mayor Sessoms thanked Mr. Bielat and the entire team for their work.
December 10, 2013
-8 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Mrs. Philips advised today's presentation is to provide information regarding the items listed below:
• Cherry Bekaert Comments
• FY 2013 Audited Financial Statements
• Implemented GASB Pronouncements
• Entity Wide Statements - GASB 34
• General Fund
• School Operating Fund
• Water & Sewer Fund
• Waste Management Fund
• TIP Fund
• Debt - June 30, 2013
• Fiscal Year 2014 - Through November 30, 2013
13
The entire accounting equation has been redefined regarding GASB:
• No. 61, The Financial Reporting Entity
Modifies requirements for component units - e.g. VBDA
✓ No. 63, Financial Reporting of Deferred Outflows of
Resources, Deferred Inflows of Resources, and Net
Position
Assets + Deferred Outflows - Liabilities - Deferred Inflows = Net Position
No. 65, Items Previously Reported as Assets and
Liabilities
s Debt issuance costs are now expenses when incurred
December 10, 2013
-9 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
The City's total "Net Position" is just over $3.6 -BILLION:
Governmental Business Total
Assets $ 3,858.4 $ 1,237.3 $ 5,095.7
Deferred Outflows of Resources 0.4 1.2 1.6
Liabilities (1,179.4) (291.9) (1,471.3)
Deferred Inflows of Resources (7.0) (0.4) (7.4)
Net Position:
Net Investment in Capital Assets 2,428.2 790.1 3,218.3
Restricted 40.9 132.9 173.8
Unrestricted 203.3 23.2 226.5
Total Net Position $ 2,672.4 $ 946.2 $ 3,618.6
CAFR Exhibit 1
City Council adopted a policy of maintaining a General Fund Balance of 8-12% of this subsequent year's
revenues; and, in line with that policy, the Unassigned General Fund Balance at June 30, 2013, is
$102.4 -Million, or 10.4% of FY 2014 Revenue.
% of
BUDGET ACTUAL VARIANCE Budget
LOCAL $ 816.0 $ 818.4 $ 2.4 0.3%
STATE 145.8 143.4 (2.4) -1.6%
FEDERAL 16.7 17.6 0.9 5.4%
TOTAL REVENUES $ 978.5 $ 979.4 $ 0.9 0.1%
CITY $ 674.9 $ 651.2 $ 23.7 3.5%
SCHOOLS 357.7 338.9 18.8 2.5%
TOTAL EXPENDITURES $ 1,032.6 $ 990.1 * $ 42.5 4.1%
REVENUES OVER (UNDER) $ (54.1) $ (10.7) $ 43.4
FUND BALANCE - JULY 1 191.2
LESS: RESERVATIONS (78.1)
UNASSIGNED FUND BALANCE - JUNE 30 $ 102.4
Fund Balance as a percent of FY 2014 Revenues is i0.4%
* Reflects encumbrances of $8.2 million
CAFR Exhibit 5
December 10, 2013
-10 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
City Council adopted a policy of maintaining a General Fund Balance of 8-12% of the subsequent year's
revenues. Unassigned General Fund Balance at June 30, 2013, is $102.4 million, or 10.4% of FY 2014
revenues.
-
($2.O1
0500
0400
$300
w
¢ 5200
0100
461.7 4652 474.8
455.9 458.4 463.5
429.4 426.7 436.1 437.4 421.8 4232
9.0 441.0
FY 2007
FY 2008
FY2009 FY2010
1 D Budget
FY 2011
D Actual
FY 2012
FY 2013
7
Although the Local Personal Property Tax did not make Budget, this tax is the highest amount received
for the past seven (7) years.
a
($4.. , under Su get say FY1 3
080
$60
g 040
$20
00
FY 2007
FY 2008
FY 2009 FY 2010
D Budget
FY 2011
D Actual
FY 2012
FY 2013
18
December 10, 2013
-11 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
General Sales Tax Revenue is also highest for the past seven (7) years
e: e:
eC,
OK -t ove bVic
Business License Revenue is up 7.5%from FY2012:
w
1
0:
$50
$40
$30
$20
$10
$0
40.8 3,
FY 2007
45.0
41.8
FY 2008
43.2
40.6
40.8 41.3
FY 2009
FY 2010
FY 2011
® Budget
❑Actual
41.3 41.1
FY 2012
44.2
42.4
FY 2013
20
December 10, 2013
-12 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
The decline in land lines, fax lines, 800 numbers used (paid per call), along with the competition with cell
phone companies offering free minutes have contributed to the decline in this Revenue Source, as the
market adjusts to technology and competition.
Hotel Room Taxes are up 4.2%from FY2012 and is highest collections on record:
$30
$25
$20
y $15
510
$5
50
24.4
FY 2008
FY 2009
FY 2010
FY 2011
r 0Budget ❑Actual
25.1 25.0
FY 2012
25.4 26.0
FY 2013
22
December 10, 2013
-13 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Restaurant Meal Taxes are up 3.5%from FY2012 and is also the highest collections on record:
s i c in
A.
Hotel Room Tax
Restaurant Meal Tax
®GF2% ]CBDTIF •TAP1%/$1 OTIPS% 58 $1 I
®GF3.5% TAP 0.5% o TIP 1.06% MOS 0.44%
24
December 10, 2013
-14 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
State Revenues are down 0.26%from FY2012, due to the reduction in State Public Assistance Grants of
roughly $3 -MILLION contributed to this decline.
0175
156.7 157.3 159.3 156.1
FY 2007 FY 2008
0 Budget
FY 2009
FY 2010
FY 2011
OActual
FY 2012
FY 2013
25
E:3
0200
$150
o $100
15
0
$50
$0
1Z.8%
•
9.3%
11.0%
10.1% a
2004 2005
2006 2007 2008 2009
2010
2011 2012
®Unassigned GF Balance -Y %of Budgeted GF Revenue
Policy = 8-12% of Revenues
2013
16.0%
12.0%
— 8.0%
4.0%
0.0%
% of Budgeted GF Revenue
26
December 10, 2013
-15 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Total Reversion to the City from the School's Operating Fund for FY2013 was $18.8 -MILLION:
h
Budget Actual Variance
REVENUES:
City $ 388.9 $ 388.9 $ -
Local 2.7 3.1 0.4
School's Reserve & Other Funds 11.7 11.7 -
Commonwealth 310.1 307.4 (2.7)
Federal Government 17.1 20.9 3.8
Total Revenues $ 730.5 $ 732.0 $ 1.5
EXPENDITURES $ (740.6) $ (723.3) * $ 17.3
Total Reversion to City $ 18.8
* Reflects encumbrances of $5.4 million
27
The Water and Sewer Enterprise Fund Net Change in Position is $11.4 -MILLION::
Budget Actual Diff
Charges for Services $ 60.1 $ 62.2 $ 2.1
Sale of Water 48.1 46.5 (1.6)
Other 4.6 7.8 3.2
Total Revenues $ 112.8 $ 116.5 $ 3.7
Water Services Contract $ 27.8 $ 26.0 $ 1.8
Operating Expenses 58.2 51.9 6.3
Debt Service 19.0 13.9 5.1
Transfers to CIP 13.3 13.3 0.0
Total Expenditures $ 118.3 $ 105.1 $ 13.2
Net Change in Position $ 11.4
28
December 10, 2013
-16 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
The Waste Management Special Revenue Fund will become an Enterprise Fund in FY2015:
Charges for Services
Transfer from Gen Fund
Other
Total Revenues
Budget Actual Diff
$ 26.6 $ 26.6 $ (0.0)
14.8 14.8 0.0
0.1 0.1 0.0
$ 41.5 $ 41.5 $ 0.0
Program Support $ 1.0 $ 1.0 $ 0.0
Waste Disposal 21.4 18.7 2.7
Waste Collection 12.5 12.2 0.3
Yard Debris/Hazardous Waste 1.9 2.0 (0.0)
Recycling 4.6 4.6 (0.1)
Transfers to City Garage 0.1 0.1 0.0
Total Expenditures $ 41.5 $ 38.6 $ 2.9
Net Change in Fund Balance
$ 2.9
Hotel Room Tax
Restaurant Meal Tax
Amusement Tax
Cigarette Tax
Transfer from Gen Fund
Other
Total Revenues
Debt Service
SGA Special Events
Operating Expenses
Transfer to Sandbridge SSD
Transfer to Gen Fund
Total Expenditures
Net Change in Fund Balance
Budget Actual Diff
$ 14.3 $ 14.6 $ 0.3
10.6 10.6 (0.0)
5.8 5.5 (0.3)
0.9 0.9 (0.0)
0.3 0.3 0.0
1.5 1.6 0.1
$ 33.4 $ 33.5 $ 0.1
$ 26.2 $ 26.1 $ 0.1
3.5 3.4 0.1
2.0 1.6 0.4
2.3 2.4 (0.1)
2.0 2.0 0.0
$ 36.0 $ 35.5 $ 0.5
$ (2.0)
30
December 10, 2013
-17 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
General Government
54.62%
Total Debt - $1.204B
Agriculture Reserve
Program
3.42%
Schools
26.13%
Storm Water
2.13%
Water and Sewer
13.70%
31
• Fund Balance within Policy, lower than 2012
• (10.4% FY13 vs 10.7% FY12)
• Reservations for FY14 operating budget include:
• Schools - $3.1M
• Sequestration - $9.9M
• FY14 CIP Budget - $24.4M
• School Reversion - $18.8M
• Departments continue to manage their budgets
• Reductions in personnel have operating impacts
• Actual revenues were 0.1% over budget
32
December 10, 2013
-18 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Revenues
Local (83.1% of budget)
State (15.1% of budget)
Federal ( 1.8% of budget)
Total Revenues
Annual YTD
Budeet Actual Variance
$ 816.2 $ 281.7 $ (534.5)
148.6 32.2 (116.4)
17.5 6.7 (10.8)
$ 982.3 $ 320.6 $(661.71
Expenditures
City Operations $ 639.4 $ 288.8 $ 350.6
School Operations 382.6 159.4 223.2
Total Expenditures $1,022.0 $ 448.2 $ 573.8
Less Amounts Funded from Fund Balance
Encumbrances/Carryforwards at 6/30/13 $ 8.2
City and School Capital Projects 24.5
School's Operating Budget 3.1
Thalia Station Revitalization 0.5
Arrears Conversion Pay 3.4
Adjusted Expenditures $ 982.3
34
December 10, 2013
-19 -
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT
(CAFR)
ITEM #63361(Continued)
Departments are spending below trend line:
2014^ g'ygaener,kl }"g°t.. nd pg p'-,5=e'nue-.s sg °gyg3 {:.�,} `.cUtusaes
Comp re#.i e.: `t{todc ffitrnd at $r2 �1.1'rc �4n81A Je 0. 201a
a6%
100%
ACTUAL REVENUES = $320.6M
93,9% ,.
ACTUAL EXPENDITURES= $448.2M
85.8%
80%
gi
- -77.8'Yo �''.,, 78,3`,'0
70.2%
o2.2%
."-0 60%
u'S
94.2%.„+'
45.'% 492%8.1% r^ 43.9%
0
0410
36.1% 32.6%
28
7.9% 28.1%
19.3%
20%
0,6° 139
8.4%
11.6% 15.2%
fl% A2go
8.5%
Jul 'S9'° Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
...Rey Trend -F% of FY/4 Rev Budget --Expenditure Trend -9-% of FY14 Exp Budget
35
December Interim
a FY15 Budget Proposal
FY15 Budget Adoption
Jan 28, 2014
Mar 25, 2014
May 13, 2014
35
Mayor Sessoms thanked Mrs. Phillips and her entire Team for their work.
December 10, 2013
-20 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362
2:00 P.M.
Mayor Sessoms introduced Ashby Moss, Evaluation Coordinator — Planning. Ms. Moss expressed her
appreciation to City Council for their support for this project.
Central Business Core District
ZONING
City Council Briefing
December 10, 2013
Ms. Moss advised this project began in 2009 with the adoption of the Pembroke SGA.
Nov. 10, 2009 - Pembroke SGA Plan adopted
(plan called for new zoning to support
envisioned urban -style development)
December 10, 2013
-21 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Below is a list of Milestones regarding the new zoning:
Milestones
- Nov 2012 - Staff began drafting new zoning
r Nov. 20, 2012 City Council Briefing
Y May 8, 2013 - Planning Commission Briefing
r May - Nov. 2013 - Stakeholder notifications and
meetings
➢ Jul. 2, 2013 - City Council Briefing
Aug. 14, 2013 - Planning Commission Briefing
A Aug. 15, 2013 - Public Meeting and Workshop
Oct. 17, 2013 PlanningCommission Workshop
r Nov 12 2013 - Endorsed by Central Business District
Association (CBDA)
9 Concepts modeled after Oceanfront
Resort District Form -Based Code
December 10, 2013
-22 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
The Format is a bit different than Form -Based Code; specifically this format focuses on development
standards, paths to approval and design guidelines
Concepts modeled after Oceanfront
Resort District Form -Based Code
A. 6 Key Development Standards
B. 3 Paths to Approval
C. Design Guidelines
Format
Concepts modeled after Oceanfront
Resort District Form -Based Code
A. 6 Key Development Stand
B. 3 Paths to Approval
C. Design Guidelines
rds
sieBut format modeled after standard
zoning ordinances
December 10, 2013
-23 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
The intent is to create more of an "urban street"
6 Key Development Standards
➢ Build -To Zone
Parking Setback
Transparency
y Blank Wall
Height, Ground Floor Height
➢ Outdoor Amenity Space
Developers have 3 paths to approval for projects:
3 Paths to Approval
1. PrescribedForm
(administrative process)
2. Optional Forms of Development
(administrative process)
3. Alternative Compliance'
(City Council approval)
December 10, 2013
-24 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Applicants can qualify for bonus signage when all conditions are met
Design Guidelines
> Applied when using
Optional Forms
Considered when
using Alternative
Compliance
Qualify for bonus
signage
Central Business Core District
DESIGN GUIDELINES
Build -To Zone supports the intent to create a more "urban street" environment:
1. Build -To Zane
Purpose
y Bring buildings to street
> Create "Street Walt"
> Rules
Place building between 0 and 10 feet
from front property line
➢ Place building along at least 70% of
street frontage
December 10, 2013
-25 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
1. Build -To Zone
Example of Optional Form for Build -To Zone:
✓ Activates street
✓ Meets Design Guidelines
Outdoor
amenity space
enlivens street
frontage
Building is not in build -to zone
50% of street frontage
December 10, 2013
-26 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
The purpose of the parking set -back is to hide parking from streets and sidewalks and create a
"pedestrian friendly" environment
2. Parking Setback
l Purpose
y Hide parking from street and sidewalk
• Create "pedestrian -friendly" environment
• Rules
Place parking at least 20' from street facing property
line
• Surface = Applies to at least 70% of street frontage (so
30% of street frontage can have parking up front)
• Structured= Applies to at least 50% of street frontage
(so 50% of street frontage can have parking up front)
• Applies to ground story only
Below is an example of a structured parking setback:
December 10, 2013
-27 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Below is an example of surface parking setback:
2. Parking Setback
Example of Optional Form for Parking Setback:
✓ Screens parking'
✓ Activates street
✓ Building Meets Design Guidelines
icor
factwat`
street "
Parking is partially,
underground and
well screened
December 10, 2013
-28 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
2. Parkin
Does not meet Prescribed Form:
Parking is within in parking
setback on 75% of street
frontage
Example of Optional Form for
Parking Setback:
• Screens parking
✓ Activates street
1 Building Meets Design
Guidelines
PE:rking is welt
s reened behind
s dewalk cafe
sse�w,
SidewalK e
enlivens street
frontage
The intent is to create a "pedestrian friendly" environment with transparency by adding interest to the
street level as well as improve safety:
3. Transparency
- Purpose
▪ Create "pedestrian -friendly" environment by
adding interest to street level
Create "eyes on the street" to improve safety
Rules
▪ 30% ground floor facade must be transparent
(measured from 2' to 8' above sidewalk)
15% upper floors
(measured from finished floor to finished floor)
Applies to street facing facades only
December 10, 2013
-29 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Upper floor=45%
Floor to ceiling
3. Transparen
Example of Optional Form for
Transparency:
✓ Adds Visual Interest
Building Meets Design Guidelines
✓ Added bonus - this feature
doubles as a low impact
stormwater management facility
December 10, 2013
-30 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
4. Blank Wall.
Purpose
Y Create`"pedestrian=friendly" environment by
adding interest to street level
> Rules
Y Every 30' must include substantial material
change (windows, doors, columns, pilasters,
or other articulation greater than 12" deep)
y'Applies vertically and horizontally
Ty Applies to street facing facades only
Y Applies to ground and upper stories
4. Blank
Banners add visual
interest; break up
otherwise blank wall
December 10, 2013
-31 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
4. Blank Wall
Example of optional Form for Blank Wall:
✓ Adds Visual Interest
✓ Activates street
✓ Building meets Design
Guidelines
"Living Wall"
enlivens street
5. Height
Purpose
> Create "Street Watt"
> Create organized form. most dense in Core
Rules
Minimum height = 25' or 2 stories (whichever is
lower)
> Measured from lowest point of original grade (at
street setback) to highest point of building
> Ground floor min height = 12' (measured floor to
floor)
> No maximum height in Core District
December 10, 2013
-32 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Total height = 36'
Example of Optional Form for Height:
✓ Minimum 22'
Building Meets Design
Guidelines
December 10, 2013
-33 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
The Plan provides outdoor spaces in dense urban environment:
6. Outdoor Amenity Space
y Purpose
Provide outdoor spaces in dense, urban
environments
Rules
Y 5% of lot area
6. Outdoor Amenity Space
Rooftops can take
advantage of
otherwise wasted
space
December 10, 2013
-34 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
6. Outdoor Amenity Space
Example of Optional Form for Outdoor Amenity
Space: Off -Site Public Art
✓ Can be off-site if no feasible location on
subject property
✓ Readily visible and accessible to pedestrians
✓ Within 50' of public sidewalk
✓ Does not impede flow of pedestrian traffic
✓, Approved by Public Art Committee
✓ Qualified artist
This Zoning will allow for more urban -style environment, missed use buildings and create more variety in
price and types of housing:
Purpose
Create more urban -style environment
▪ Allow for a mixture of uses - residentiat, office,
commercial, hotel
Create more variety in price and types of housing
Citywide
Uses
Rules
▪ Allows apartment buildings and mixed use buildings with
residential on upper floors
Allows grocery stores, carry -out food, convenience stores
(freestanding or in mixed use building)
▪ Limits on automobile -oriented uses: drive-throughs, auto
repair (X), gas stations (X)
No industrial uses
December 10, 2013
-35 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Uses
Drive-throughs for banks, pharmacies, *and
restaurants (P)ermitted, BUT "drive-through
facilities shall be located on the block interior or in
the ground floor of a parking structure so as not to
be visible from a public ROW"
Surface parking lots permitted if behind
building or screened from view from
public street; otherwise need a CUP
*new addition for next draft
This Zoning allows for a variety of sign types found in urban areas and prevents distracting and
competing signage:
Purpose
r Allow for variety of sign types found in urban
areas (awning, hanging, projecting, marquee)
• Prevent distracting, competing signage
• Incentivize compliance with Design Guidelines
e Rules
• Number and total area of signs based on building
type, height, and street frontage
Bonus signage allowed when signs meet Design
Guidelines
Signs
December 10, 2013
-36 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
This is why we have sign regulations.
Signs should identify and enhance, not compete for attention.
December 10, 2013
-37 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362 (Continued)
The existing zoning in the Town Center Area was mostly B3A and B3
Below is a comparison of the old and new zoning:
Otd1New Zoning Comparison
No mixed use or
residential
Mixed use and
residential with CUP
Mixed use and
residential with no
density limit - By.
Right
Parking, Parking requirement based on Parking requirements Parking requirements
Loading same ratios as suburban determined by determined by
areas parking analysis; parking analysis; No
Loading requirement based on Loading requirements loading requirements
use & size - same as suburban relaxed
Surface 10'street frontage 10' street frontage 20' setback on 70% of
Parking landscaping required in front landscaping required frontage
setback of surface parking lots in front of surface
parking lots
Min. lot area 20,000 sf, 1 acre for hotels 10,000 sf
Min. lot width 100' 100'
Front yard min 35' max 0-10'
setback
5,000 sf
50'
max 0-10'
December 10, 2013
-38 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
The City reviewed three properties when drafting the Zoning Ordinance:
Three Case Studies
1. Town Center Full Block Development
(Block 11 -'Clark Nexsen Building)
2. Redevelopment of Former Big Box Site
(Vacant parcels in SW. quadrant)
3. Drive -Through Outparcel on Major
Arterial
(Jason's Deli on Independence)
Town Center _Block
Meets or exceeds
all Prescribed
Form
Requirements:
• Build -To
• Parking Setback
• Transparency
• Blank Wall
• Height
• Outdoor
Amenity Space
December 10, 2013
-39 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Town Center Block 11
Exceeds build -
to requirement
Building located
in build -to zone
on all four
street frontages
Town Center Block
Main St.
Exceeds structured
parking setback
0
73% of block
frontage
has parking set
back 20' or more
Columbus St.
% of total street frontage for block;
red = parking, white - on -parking
December 10, 2013
-40 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Transparency -
front sides
60% 7"' & up
26%2nd- 6th floors
7th a uP
14% 2nd - 6th floors'
33% ground floor
Town Center Block 1
Transparency -
back sides
Constitution Dr. Frontage
18% upper floors
18% ground floor
St. Frontage
upper #loors
ground,ftoor
December 10, 2013
-41 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Transparency Block Totals
Main St. 85% 26%
Town Center Dr. 33% 14%
Columbus St. 9% 27%
Constitution Dr. 18% 38%
Average _._. 36% 53%
Town Center Block 1
No blank walls
Exceeds
minimum height
requirement
Outdoor
amenity space
Rooftop. pool
December 10, 2013
-42 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Below is an example of the "Big Box Redevelopment" in accordance with the new proposed Zoning:
Big Box Redevelopment
Consider
existing and
potential
future street
frontages
Existing
Potential
Future
Big Box Redevelopment
PHASE 1
➢ Phase in streets
gradually
➢ Orient buildings, to
phase 1 streets
➢ Interim surface
parking located
behind buildings
December 10, 2013
-43 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Big Box Redevelopment
PHASE 2
➢ Replace surface
parking with
structured parking
when market
supports it
➢ Wrap with
retail/active use on,
primary pedestrian -
oriented streets
PHASE 2 alternative
➢ Create larger block
with taller buildings
➢ Wrap ground level'
with retail/active
use on primary
pedestrian -oriented
streets
December 10, 2013
-44 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Below is an example of a Drive -Through Outparcel with the new proposed zoning:
Drive -Through Outparcel
➢ Consider existing
and potential future
street frontages
Existing,
Potential
Future
Drive -Through Outparcet
Not so good -
Building not in
build -to zone
and only 25% of
street frontage;.
Good Parking
behind parking
setback
Not so good -
Parking visible
from street
Not so good -
Drive-through
aisle visible
from street
December 10, 2013
-45 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Drive-Throu
Optional Form =
Extra outdoor amenity . w
space (beyond 5%
required) =
• plantings,low wall
to screen parking,
buffer outdoor
seating
• benches or public
art to enliven
street frontage • - - e w"t
DVvlu)ilindil,Mti
Extra outdoor
amenity space
from building to
street and in
remainder of
build -to zone
— Move outdoo
seating to front,'
enlivens street
U - Keep drive-
through on one
r side; hidden
- frbm street
Good -Transparency = 50%
Not so Good - Height = 22'
December 10, 2013
-46 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Drive -Through Outparcel
Different
prototypes or
slight variations
in prototypes
can get closer to
meeting goats of
the Core
District.
The Central Business District Association has endorsed the proposed zoning and this ordinance will be
before the Planning Commission tomorrow
Endorsements
> Central Business District Association (CBDA)
> No other known opposition
December 10, 2013
-47 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
Below is the tentative schedule:
Tentative Schedute
✓ City Council Briefing: December 10, 2013
> Planning Commission: December 11, 2013
> City Council Public Hearing for Comments: January 14, 2014
> City Council Public Hearing for Vote: January 28, 2014
Next
New zoning for remaining Pembroke SGA Districts:
➢ CBD Waterfront
➢ CBD Bonney
> Central Village
> Southern Corporate
➢ Western Campus
December 10, 2013
-48 -
CITY MANAGER'S BRIEFINGS
CENTRAL BUSINESS CORE DISTRICT
ZONING ORDINANCE
ITEM #63362(Continued)
ening ofCentral . Business Cote District from Pembroke SGA Plan, Adopted by C ity Council 2009
Mayor Sessoms thanked Ms. Moss and the entire Team for their hard work putting together this proposed
Zoning
December 10, 2013
-49 -
CITY MANAGER'S BRIEFINGS
STRATEGIC GROWTH AREA INVESTMENT
PARTNERSHIP GUIDELIENS
ITEM #63363
2:10 P.M.
Mayor Sessoms introduced and welcomed Barry Frankenfield, SGA Director. Mr. Frankenfield advised
the need for a revision to the existing Investment Partnership Policy. Mr. Frankenfield expressed his
appreciation to Patti Phillips, Gerald Phillips, Warren Harris, Management Services and the City
Attorney's Office for assistance on bringing this proposed revision forward
SGA/SEGA Investment
Partnership Policy
City Council Briefing
December 10, 2013
Mr. Frankenfield advised this is an important part of implementing and encouraging development in the
Strategic Growth Areas and the Special Economic Growth Areas
Updated Investment
Partnership Policy
Policy Report: SGA Office and Finance Department,
reviewed by Planning, Economic Development,
Management Services, City Attorney's Office.
Proposed Draft Policy: Revision to existing Council Policy
(January 2001). Bring forward to City Council in the form of
a Resolution for consideration January 14, 2014.
Policy Purpose: Refines investment partnership
qualifications and incentives and focuses on Strategic
Growth Areas and Special Economic Growth Areas.
Policy Objective: Encourage SGA and SEGA plan compliant
development
December 10, 2013
-50 -
CITY MANAGER'S BRIEFINGS
STRATEGIC GROWTH AREA INVESTMENT
PARTNERSHIP GUIDELIENS
ITEM #63363(Continued)
The eight (8) SGA's are identified below:
Below are the types of investment incentives which are usually based on a percentage of certain tax
revenues:
Types of Investment
Incentives
Annual revenue and/or fee incentive grants (typically based
on % of certain tax revenues)
Density bonuses
Special service districts (SSD)
• Economic Development Incentive Program (EDIP) grants
Land swaps, grants, and transfers
•• Lease agreements
:• Assisted Plan Review
a• Public infrastructure, parking, and amenities
:• Sustainability and/or rehabilitation tax relief
Other
December 10, 2013
-51 -
CITY MANAGER'S BRIEFINGS
STRATEGIC GROWTH AREA INVESTMENT
PARTNERSHIP GUIDELIENS
ITEM #63363(Continued)
Below are some Successful Projects with incentives for each project:
Successful Projects
Cavalier Hotel Renovation: Annual incentive revenue grant, EDIP, public
infrastructure support.
25th Street Parking Garage: Annual incentive revenue grant, long-term lease,
and land transfer.
31 Ocean (Laskin Road Gateway): Fully funded public utility and roadway
infrastructure CIP,EDIP and public parking lease.
31st Street Mixed Use Development: Land lease and parking infrastructure CIP.
Sportsplex Fieldhouse: Annual incentive revenue grant and long-term land
lease.
Lynnhaven Mall Renovation: Tax increment financing revenue grant for parking
infrastructure upgrade.
▪ Sportsplex: Public amenity infrastructure cost sharing CIP
Town Center Project: TIF for parking garages, SSD for services, and adjacent
streetscapes.
17th Street Park Development: Conditional use permit granted in exchange for
public amenity use on private property.
▪ 9th Street Parking Garage: Long-term parking lease with option to purchase.
Virginia Beach Amphitheater: Public amenity infrastructure cost sharing CIP.
Below are the typical Guidelines for this policy:
Typical Guidelines
• Compliance with City Council goals.
• The project is located within a Strategic Growth Area or
Special Economic Growth Area.
*:* The private sector investment is a minimum of
approximately $30 million .
The project aligns with SGA/SEGA design principles.
• Proximity to light rail stations (SGA only).
Historical financial and construction development integrity
of the Developer.
• Generates jobs and supports target industry development.
• Projects support pedestrian and bicycle connectivity.
Offers housing stock variety.
December 10, 2013
-52 -
CITY MANAGER'S BRIEFINGS
STRATEGIC GROWTH AREA INVESTMENT
PARTNERSHIP GUIDELIENS
ITEM #63363(Continued)
The Financial Feasibility of the proposed partnership is looked at very closely"
Financial Feasibility (for the City
and the private partner)
+ Fiscal, economic, and/or social benefits will be
greater because of a public investment partnership
based on a due diligence evaluation.
.t• A fair and reasonable return is provided to the private
and public sector partners.
+ The project will not proceed, or will not proceed at a
desired quality level, "but/for" a public sector
investment partnership.
Developer and the City/VBDA enter into a
Development Agreement that fairly delineates
responsibility and risk.
Below is the review process for any public private partnership (PPEA) proposal:
Review Process
1. Formal Request
2. Additional Information
3. Briefing to City Council & Appointment of Council Liaisons
4. Assign Project Manager and complete a study of economic,
fiscal and social impacts
5. A Term Sheet may be developed, in concert with the City
Attorney, and presented to City Council for concurrence.
6. The Project Manager will undertake stakeholder input that is
appropriate based upon the size and scope of the project.
7. A Development Agreement is prepared with the
developer/partner.
8. The Development Agreement is brought before the City Council
and/or Development Authority for formal approval.
December 10, 2013
-53 -
CITY MANAGER'S BRIEFINGS
STRATEGIC GROWTH AREA INVESTMENT
PARTNERSHIP GUIDELIENS
ITEM #63363(Continued)
Policy Next Steps
®� Review and Comment by City Council
Virginia Beach Development Authority Review:
December 17, 2013
Revise if necessary and finalize the policy.
a:4 Resolution for Council Consideration: January 14,
2014.
Mayor Sessoms thanked Mr. Frankenfield and the entire Team for their work on this project.
December 10, 2013
-54 -
CITY MANAGER'S BRIEFINGS
VIRGINIA TOURISM GAP FINANCHNG PROPOSAL —
CAVALIER ASSOCIATES
ITEM #63364
2:23 P.M.
Mr. Frankenfiled provided an update to the Virginia Tourism Projects, specifically Cavalier Associates,
LLC.
Cavalier
vir'ginim Beach
December /9,
NCO. HRIEF{NG'-St
Below is a brief summary of the background on this program:
•A Virginia Tourism Gap Financing Program (the "Program") provides funding
streams through a General Assembly authorized process designed to assist
and support tourism development.
❖ The Program supports the priorities of the Resort Area Strategic Action Plan
including significant tourism projects that fill a void identified by the Plana
•.• The Program returns an amount equal to 1 cent of the State sales tax and an
equal amount of City tax revenues to support financing of a qualifying
project. Developer provides a self-imposed "Access Fee".
•A The Program is not for public debt, subordination, or guarantees of loans by
the State or City.
4• The tax revenues that are the subject of this program are but for" money;
tax revenue generated directly by a project that would not be built but for
the Program.
4• Tourism Zone and guidelines for review of projects were adopted by City
Council March 13, 2012.
December 10, 2013
-55 -
CITY MANAGER'S BRIEFINGS
VIRGINIA TOURISM GAP FINANCIING PROPOSAL —
CAVALIER ASSOCIATES
ITEM #63364(Continued)
"Gap financing" means "debt financing to compensate for a
shortfall in project funding between the expected
development costs of an authorized tourism project and
the debt and equity capital, provided by the developer of
the project." (Va. Code § 58.1-3851.1)
•." This debt financing belongs to the developer and the
tourism project.
•"rS 58.1-3851.1 provides a mechanism for directing certain tax
revenues toward a tourism project's financing needs.
+ This section does not authorize new State, City, or VBDA debt.
Rather, this section provides for the redirection of funding streams.
+ The amount of the funding stream is keyed to "an amount equal to
the revenues', generated by a one percent sates and use tax on
transactions taking place on the premises of the authorized tourism
project."' (hereinafter, "1% of the sales tax")
December 10, 2013
-56 -
CITY MANAGER'S BRIEFINGS
VIRGINIA TOURISM GAP FINANCIING PROPOSAL —
CAVALIER ASSOCIATES
ITEM #63364(Continued)
S
.v "1% of the sales tax" comes from the State. The Tax
Commissioner' certifies the amount to the State Comptroller, who
remits the revenues to the City.
40.4
An amount equal to "1% of the sales tax" comes from the City.
The City gets the reported amount from the Tax Commissioner.
The developer imposes an "'Access Fee" on transactions onthe
project's premises. This provides a third funding stream that is
equal to " 1%'of the sales tax." These amounts are remitted to
the City.
fl*temoer 1I. 20
9rpqmi§i
Section 58.1-3851.1 has a number of
prerequisites:
1. The City is required to have a Tourism
Marketing Plan. The City adopted the
Resort Area Strategic ' ActionPlan in
December 2008, which meets this
requirement.
2.
The creation of a Tourism Zone and a
process for evaluation. Adopted March 13,
2012.
3. Before a project can be recommended for
review by the State through the Virginia
Tourism Authority, the City Council has to
adopt an ordinance: (a) endorsing the
project; and (b) expressing a willingness to
allow the project to receive Local revenue
stream (conditioned on state approval and
performance agreement).
December 10, 2013
-57 -
CITY MANAGER'S BRIEFINGS
VIRGINIA TOURISM GAP FINANCIING PROPOSAL —
CAVALIER ASSOCIATES
ITEM #63364(Continued)
The Tourism Zone Area adopted by City Council on March 13, 2012, generally includes the Oceanfront
Resort District Code, Marina District, the areas adjacent to the Convention Center and Old Cavalier
Hotel Area.
TPtari
Boardwalk from Radee Inlet to 42.
Street
42^' Street from Oceanfront to Holley
Road (includes old Cavalier Hotel
▪ Pacific. Avenue South to 35'" :4 Street,
avoids existing residentially zoned: land
to 33« and Arctic Avenue
• Includes Laskin Road Gateway 32rv4 Street.
to Baltic Avenue.
• Baltic Avenue to 37'" Street.
▪ •
27`^ and Arctic to 22tl0 and Street to
Parks Avenue.
• ;From Parks Avenue to southside of route
264 to Birdnetk Road.
•o Birdneck Road to Virginia Beath
Boulevard (avoids the Church at Birdneck
and 17. Street).
•• Follows 17°' Street and includesthe
existing Colony Motel and Mobile Home
Park to Pacific Avenue
Pacific Avenue to Winston Salem Avenue.
•3 Includes the south side of WinstonSalem
Avenue to Rudee Inlet and follows Rudee
Inlet to the Boardwalk:.
f.4UA'CIL 68t'" NGr
RESORT 1,1.4
Cavalier Associates
Below are the requirements for the Performance Agreement with Virginia Beach Development Authority:
c
nx with YPP6
+ Section '58.1-3851.1 requires the developer to enter into a
performance agreement with the Development Authority.
+ The performance agreement provides the minimum investment
and other details of the tourism project.
***The performance agreement provides for the three funding
streams to be directed to pay the "gap financing."
❖ The funding streams continue until the gap financing is paid in
full.
20,4
December 10, 2013
-58 -
CITY MANAGER'S BRIEFINGS
VIRGINIA TOURISM GAP FINANCHNG PROPOSAL —
CAVALIER ASSOCIATES
ITEM #63364(Continued)
grvvnipn
+ funding streams can only be applied to payments of principal
and interest on the qualified gap financing.
❖ The funding streams do not begin until the project generates
sales taxes, i.e. these funds are not available during construction
and build -out.
".• The ordinance will include a summary of terms for the
performance agreement, but final agreement does not occur until
after State approval. By Code, the agreement is between the
developer and the local development authority.
EINEM
Below is the review process regarding Cavalier Associates LLC's application
4• Tourism Project Developer submits application. Application received
November 26, 2013. It meets the general requirements of program, but
additional information is being requested and reviewed.
:• The application must make reference to the City's Resort Area Strategic
Action Plan and identify how the Project meets a need identified in the
Action Plan. Meets the requirement of additional higher quality hotels;
increased tourism attracting new visitors; increasing year round
employment; and, additional year round residential product, services and
activities. (Residential Development is not eligible for the Tourism
Development Gap Program).
Taxable Sates of at least $1,000,000 per year. Estimated annual sales of
approximately 544,000,000 ,(Historic Hotel $11M; Oceanfront Hotel S33M).
December 10, 2013
-59 -
CITY MANAGER'S BRIEFINGS
VIRGINIA TOURISM GAP FINANCHNG PROPOSAL —
CAVALIER ASSOCIATES
ITEM #63364(Continued)
tier �{.
Pr
❖ Total Capital cost must exceed $30,000,000. Estimated capital cost eligible for
the grant is $145,000,000 (Historic Hotel $50M, Oceanfront Hotel $95M).
As a matter of eligibility, the application must meet the statutory definition of
"gap financing" not to exceed 20% of the project cost. Gap financing
identified by the applicant is 518 million, 12.4% of total project. Developer
equity is $53M, Developer Financing is 574M for total of $127M ($127M +
518M gap financing = 5145M total project cost). The applicant requests
redirect of three revenue streams, 13' local_ sales tax, 1% state sales tax, and
1S' access fee to use to obtain financing of debt.
❖ Staff recommends to have a Public Hearing January 14; and, prepare an
ordinance authorizing the application for review by the State through the
Virginia Tourism Authority, for Council' consideration January 28, 2014.
Below is a summary of the Gap Financing Cash Flow, beginning with the Developer:
I% DEVELOPER ACCESS FEE.-
1% CITY. TAX REVENUE
1% STATE TAX REVENUE
VIRGINIA BEACH
DEVELOPMENT
AUTHORITY.
PRIVATE COMMERCIAL BANK
STATETAX REVENU
CAVALIER ASSOCIATES LLC
PROJECT $145,000,000
t2
COMMONWEALTH OF
VIRGINIA (STATE)
December 10, 2013
-60 -
CITY MANAGER'S BRIEFINGS
VIRGINIA TOURISM GAP FINANCHNG PROPOSAL —
CAVALIER ASSOCIATES
ITEM #63364(Continued)
+:• Same briefing to VBDA December 17, 2013
*;•Public Hearing on Council Agenda January 14, 2014
❖ Ordinance for Council consideration January 28, 2014
• Endorses the project (possibly two projects - Historic and
Oceanfront, separately)
• Provides Council's willingness to designate revenue
streams
• Includes a summary of the Performance Agreement
+ Application by Cavalier Associates LLC to Virginia
Tourism Authority
❖ Approval of Performance Agreement by Developer and
VBDA
Mayor Sessoms thanked Mr. Frankenfield and the entire Team for their work on this project.
December 10, 2013
-61 -
CITY COUNCIL COMMENTS
2:37P.M.
ITEM #63365
Councilman Dyer advised the James C. Archbell III Foundation provided a $20.00 gift card to 800
children to spend at a local Wal-Mart. The children also visited the Boardwalk to see the Holiday Lights.
This year children from Birdneck and Seatack Elementary Schools participated in this program.
December 10, 2013
-62 -
CITY COUNCIL COMMENTS
ITEM #63366
Council Lady Ross -Hammond advised the City is sponsoring a Health Fest Screening and insurance sign-
up session scheduled for this Saturday at Pleasant Grove Baptist Church. The Regional Director of U.S.
Health and Human Services will be in attendance.
December 10, 2013
-63 -
CITY COUNCIL COMMENTS
ITEM #63367
Council Lady Ross -Hammond congratulated Council Lady Wilson on the recent article in the Pilot
regarding her work on affordable housing.
December 10, 2013
-64 -
CITY COUNCIL COMMENTS
ITEM #63368
Councilman Moss expressed concern regarding the TRT Legislative package to the General Assembly re
issuance of Debt and does not think that is a good idea.
December 10, 2013
-65 -
CITY COUNCIL COMMENTS
ITEM #63369
Councilman Moss stated the Hampton Roads Planning District Commission is moving to allow localities
to prohibit plastic bags and bottles in the Recycling. The idea of prohibiting behaviors is not the correct
approach and he feels it is the wrong message to send as a region. Councilman Moss suggests looking to
positive incentives instead.
December 10, 2013
-66 -
CITY COUNCIL COMMENTS
ITEM #63370
Mr. Moss advised the National Defense Authorization Act will be passed today before the Senate goes on
break and an agreement is expected in the middle of January. This is a positive step forward for the
Defense Department.
December 10, 2013
-67 -
CITY COUNCIL COMMENTS
ITEM #63371
Councilman Moss received and reviewed the per capita income information distributed by City Manager.
It is important to realize that this income has increased in the City 2.5% compared to the Region's
increase of 5.8%. Councilman Moss suggested the City receive more information for a better
understanding in moving forward.
December 10, 2013
-68 -
CITY COUNCIL COMMENTS
ITEM #63372
Mr. Moss requested an update on the City's request to partner with the Universities to look at on
population and the Strategic Growth Areas.
Mr. Spore advised the City is still in discussion with local Universities.
December 10, 2013
-69 -
CITY COUNCIL COMMENTS
ITEM #63373
Council Lady Henley advised the Transition Area Advisory Board's public outreach meeting went
extremely well. This is the first time a property owner asked the community for input for possible
development. Council Lady Henley stated this is a good step forward to work this out so the property
owner does not market something the community might oppose. She also advised the Committee is really
working hard and is very valuable to City Council.
December 10, 2013
-70 -
CITY COUNCIL COMMENTS
ITEM #63374
Council Lady Henley advised she has met with Mr. Yagen, the owner of the Pungo Airport, and the
community. The neighbors are still expressing concerns with the future plans. City Council requested an
exemption for real estate re: aviation museum in the City's Legislative Package to the 2014 General
Assembly.
December 10, 2013
-71 -
AGENDA REVIEW SESSION
3:45 P.M.
ITEM #63375
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property
taxation
2. Resolution to SUPPORT a 'first day introduction" requirement for General Assembly
Bills that create local fiscal impacts
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a second Modification to the
Term Sheet between the City and YMCA of South Hampton Roads to REMOVE the
requirement for covering the pool and EXTEND the start date of construction to June 1,
2014
4. Ordinance to DECLARE City -owned property at Princess Anne Road and South
Independence Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE
conveyance of same to Smith/Packett Med-Com, LLC
5. Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street
for Columbus Station Associates, LLC
6. Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach
Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use
facility for persons with intellectual disabilities DISTRICT 7 — PRINCESS ANNE
7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned
property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic
Avenue DISTRICT 6 - BEACH
8. Resolution to AMEND and RE -ADOPT the October 2012 City/School Revenue Sharing
Formula Policy re public-private partnerships requiring incentive payments re Net -New
Tax Revenue
9. Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds:
a. $2,655,978 for Elementary instructional and improvement initiatives, the Equity Affairs
Office, bus and high mileage vehicle replacement, purchase of laptops and iPads and
conversion of the old Kellam High School to the Princess Anne Middle School.
b. $175,544 for purchase of athletic equipment
c. $16,000,000 re anticipated operating budget shortfall, emergency expenditures and
fiscal emergencies
AN ALTERNATE VERSION OF ITEM #2 WILL BE CONSIDERED
COUNCILMAN DeSTEPH WILL VOTE VERBAL NAY ON ITEM #2
ITEM #3 WILL BE CONSIDERED SEPARATELY
AN ALTERNATE VERSION OF ITEM #8 WILL BE CONSIDERED
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON #8
December 10, 2013
-72 -
AGENDA REVIEW SESSION
ITEM #63375 (Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K PLANNING
1. Application of CAH HOLDINGS, LLC/LC REALTY, LLC for a Conditional Use Permit
re an indoor automated car wash at 3565 Holland Road DISTRICT 3 — ROSE HALL
2. Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN
H. WALDRON for a Conditional Use Permit re outdoor recreation for flag football at
Shore Drive and First Court Road DISTRICT 4 — BAYSIDE
3. Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7
on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at
2076 Princess Anne Road DISTRICT 7 — PRINCESS ANNE
4. Applications of CAVALIER ASSOCIATES:
DISTRICT 6 - BEACH
a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR
Oceanfront Resort District re a residential community
b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District
Form -Based Code.
c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and
4200 Pacific Avenue
5. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of
Zoning, from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road
DISTRICT 7 - PRINCESS ANNE
ITEM #3 WILL BE CONSIDERED SEPARATELY
ITEM #4 WILL BE CONSIDERED SEPARATELY
ITEM #5 WILL BE DEFERRED INDEFINATEL Y
December 10, 2013
-73-
ITEM#633 76
Mayor 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
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope
of such contract, where discussion in an open session would adversely
affect the bargaining position or negotiating strategy of the public body
pursuant to Section 2.2-3711(A)(30)
Beach District
Rose Hall District
December 10, 2013
-74 -
ITEM# 63376(Continued)
Upon motion by Council Lady Ross -Hammond, seconded by Councilman Dyer, City Council voted to
proceed into CLOSED SESSION at 2:52 P.M.
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin - Out of the Country
Rosemary Wilson - Stepped out
(Closed Session 2:52 P.M. 3:28 P.M.)
(Break 2:56 P.M. - 3:00 P.M.)
December 10, 2013
-75 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 10, 2013
Mayor William D. Sessoms, Jr., called to order the JOINT CITY COUNCIL/SCHOOL BOARD
BRIEFING, in Building 19, Tuesday, December 10, 2013, at 3:30 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and
James L. Wood
Council Members Absent:
John E. Uhrin
School Board Members Present:
Beverly M. Anderson, Vice Chairman William .1 Brunke, IV,
Chairman Daniel D. Edwards, Joel A. McDonald, Bobby Melatti,
Sam Reid, Elizabeth E. Taylor, Leonard C. Tengco and Carolyn D.
Weems
School Board Members Absent:
Emma L. "EM" Davis
Dorothy M. Holtz
December 10, 2013
-76 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377
3:30 P.M.
Mayor Sessoms introduced and welcomed Cindy Curtis, Deputy City Manager. Ms. Curtis acknowledged
the team who has been working on this project.
VIRGINIA BEACH CITY AND SCHOOLS
2015 PLAN AND RATE STRATEGY
DECEMBER 10, 2013
Below is the Content for the meeting:
Contents
• 10 -Year Status Quo Trend Graph
• Health Care Contribution Differential
• Retiree Health Care Eligibility Considerations
• 2015 Plan and Rate Considerations Summary
• BEC Recommendation
— Actives 97%/80%/60% Subsidy / Retirees 91%/80%/60%
• Alternate Scenarios
— Actives 97%/50%/50% Subsidy / Retirees 91%/50%/50%
— Actives & Retirees 92%/50%/0% Subsidy
• Next Steps
• Appendix
December 10, 2013
-77 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
Ms. Curtis introduced Kenneth Jeffries, Principal — Mercer Health and Benefits, LLC. Mr. Jeffries
provided the 10 -Year Status Quo Trend Graph, as this represents unsustainable cost increases without
changes:
10 -Year Status Quo Trend Graph
Unsustainable Cost Increases .. ,-wG t- .1 Change
• The below chart illustrates the long-term impact of 6%, 7%, and 8% gross cost increases through 2024
— Illustrates potential cost of maintaining status quo plan design
• With 8% annual increases, gross cost would double from 2015 to 2024 to over $300 million
$350
$300
5250-
c 5100 .. .oma-"',-it�-6.0%ireM
t: =^
9 5150Trend
A
ot-8.0%Trend
^p. $100
$50
2015 2016 2012 2018 2019 2020 2021 2022 2023 2024
Impact of 6%- 8% Annual Gross Cort Increase to Status Quo plan
2
Mr. Jeffries stated the City has done a good job at "shielding" the employees from the rising costs and
the Health Care Reserve Fund allowed that to happen; however, most of that fund is depleted
Health Care Contribution Differential
$140.0
5100.0
$100.0
$ea
560 -_
540.0
5200
5200 FY05 FY06 FY03 FY08 FY09 FY30 FYll FY12 FY13
.......
-o-Employee Contributions $18e $197 $19.8 $196 $10.1 $20.6 $20.6 $21.0 $26.1
-i9-E poyer Contributions $56.1 $636 $24.4 $816 583.8. $96.9 $88.9 $86.0 $93.2
mFund Reserves used $36 ' $00 50.0 $00 $0.0 $oa Safi $zo $pow
---- IContrbutims $37.6 $833 $94.2 $101.2 $103.9 $108.3 $110.1 $1190 $130.2
o u by r -3r t. z ttho
December 10, 2013
-78 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
Mr. Jeffries provided considerations for retiree health care eligibility:
Retiree Health Care Eligibility Considerations
• Retiree Eligibility
— New Hires - Effective July 1, 2014, no employees hired on or after July 1, 2014 would be eligible for an
employer contribution towards retiree health care. Employees hired on or after July 1, 2014 and who
have at least 15 years of service with the City and/or Schools upon retirement may continue to stay on
the City and Schools' health plan offering, but the retiree would be responsible for 100% of the
premium cost. GASB — Initial impact is minimal, but will grow substantially over time as new
hires make up a larger portion of the population.
— New Retirement - Effective January 1, 2019, all employees hired before July 1, 2014 would need at
least 30 years of service with the City and/or Schools at retirement in order be eligible for an employer
contribution. Participants with less than 30 years of service may continue to stay on the City and
Schools' health plan offering, but the retiree would be responsible for 100% of the premium cost.
GASB — $2.9M* (estimate for discussion purposes only).
The savings is Ile difference between Ile total Annual Required Contribution San the current plan costs and the proposed plan changes. II
no change in numbers 0f retirees a e
dependents, and no change In the type may 000000. These.•estimeles ontyro
discussion they have not been ludifed' or an,4zed in depth. Actual calculations el the ARC will be developed eller direction from Council/Board,
which will fiery change these armhole, and could also impact the way the City and Schools budget for healthcare.
4
Below is Side -by -Side Scenario Comparison for consideration; however, the recommendation is cover
97% of employee only, 80% of children and 60% of spouse.:
2015 Plan and Rate Considerations
Side -by -Side S ;ro C .00n
5152.8 51440 5144.5 5144 5....
(5305) (53991 (5474). (5803)._.....
.....:.:............... .. _._..
. _.. _...-...............
5122.4 $1U62 59].1 584.2..
80% 73% 67% 58%.......
. .. .. .. .. ..... ..... ..
NIA (Sl]0) ; )S25.3) (538 2)
' $300/$600 refers to the in-networkdeducbblefor single/family of current POS plem93,000/56000refers tothe in -
network deductible of the proposed PPO plan design
r 97/80/60 refers to a defined contribution set at 97% employee subsidy, 80% children subsidy, 60% spouse subsidy for
active employees in the PPO plan
Nob: In both 07% active employee subsidy scenarios, retiree subsidy Is lower, .191%
GASP Impact —97/80/60(actives)/1/80/00(retirees)58.0M;92/50/0$10.5M(estimates for discussion purposes only)
All scenarios assume a on.-5,ne HSA contribution of $500 to PPO plan
December 10, 2013
-79 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
2015 Plan and Rate Considerations
.ASS. mMors
• For comparison purposes, all scenarios assume:
— Constant enrollment by tier from projected 2014 counts
— Approximately 10% of employees elect the PPO, and 45% elect the Plus PPO, and 45% elect the POS
— Actual employee elections and dependent coverage will vary depending on plan and contribution
changes
• Status quo 2015 projection based on experience update with data through September 2013; detailed
projection assumptions can be found in the appendix
— Rates will need to be updated with additional claims and enrollment experience, as well as revised
healthcare reform impact, GASB cost, and administrative expenses before final rate setting
• All scenarios assume 100% participation in "°WellnessforLife
— If employees do not participate, they pay additional $750, decreasing Virginia Beach's net cost
• All scenarios assume the following coverage:
— All plans cover: chiropractic, hearing aid, routine eye care
— No plans cover: acupuncture, cosmetic surgery, dental care, long-term care, non -emergent outside U.S.,
private duty RN, infertility treatment, bariatric surgery, child dependent OB
Below are the 2015 Plan and Rate Considerations:
2015 Plan and Rate Considerations
PPO P,an Design {ensu tin (Ir N : Ik Bee GP,_
• The following table outlines the PPO plan design for all scenarios
• The additional plans for the buy -up options are shown on page 17
300/5600
31.800/33.000
320/100%.
340/100%'
51250/32.500 S3000ne000
0500/5500 $300/5300••.
55,250512.500 55000/310.0.
30%Cmnsurance 20% Coinsurance
100% 100,
30% Coinsurance 20% Coonsurance
Soo/100% 30%Comsurance 20%Coinsurance.
3150/100% 30% Coinsurance 202. Comsurance
5500/100% 30%Coinsurance Coinsurance
3250/100% 3o%Coinsurance 20% Coinsurance.
Sao oe Confirm/3200 global 30%Coinsurance 20% Coinsurance
then 100%
After Deductible After Deduct).
315
015 S15
330 ...030 $30.
25% (non S45. max 380) 25% (min 345, max 560) 25% Vein 345, max S00)
50% (min000 max 5110) 50% (min 550, max 5110). 50 (min 350 max 5110)
• Deductible does not apply to.is benefit
PPO HSA COntribution altered first plan sear only
Pharmacy pen do not assume pattmpaton In the preferred network
7
December 10, 2013
-80 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
2015 Plan and Rate Considerations
HSA Gatti Sensitivity
In all presented scenarios, Virginia Beach is assumed to contribute $500 per employee in the PPO plan into
an HSA
— A $500 one-time employer contribution to employees/retirees that newly elect the lowest coverage plan
during open enrollment for the 2015 plan year
- This one-time contribution will not apply to new hires for the 2015 plan year
— HSA costs are not included in the rates and would need to be funded separately
• Total cost of the HSA funding is dependent on employee migration, which can be difficult to predict with
significant plan and contribution changes
• The table below illustrates the sensitivity of HSA cost to the number of employees electing the PPO plan
• Scenario A is our current estimate used in the total cost projection, which is an additional $0.8 million funded
outside of the rates
Migration Impact on HSA Coat
Scenario
%oi EEe Electing
PPO Plan
Total HSA Coat
A
10%
1804,500
6
20%
11600.000
C
30%
12,413 500
D
40%
53,218 000
2015 Scenario Comparison
!ire Employee Cst impact
• The below chart illustrates the combined monthly employee contribution plus expected out-of-pocket costs
based on cost and utilization assumptions
• Active employees are roughly 40% low, 45% moderate, 15% high utilizers, based on 2012 Optima report
• Utilization scenarios are illustrative; actual utilization varies greatly among individuals
Ad m Emaw« Anna Cess
a 000
r1.000
a.OW
s.
.0000
SS 000 PPPPPP
Issn000
',
5050,
Poo re/ 11v o250m,
• Considerations:
— Low utilizers benefit from reduced monthly contributions of lower cost plans
— Employee Only high utilizers see large percentage cost increase
— Families see large increase under altemate rate options due to reduced subsidy contribution scenarios
• Chart does not illustrate buy -up Plus PPO or POS plans, summarized on page 17
December 10, 2013
-81 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
BEC RECOMMENDATION
97/80/60 SCENARIO
Below are the projected 2015 monthly rates and contributions:
97/80/60 Scenario
Pre :eJ 2 1 M.;ntnly R , ard U t idO _.21, .- ... _ m.;; , •,;
• Following rate scenario illustrates a defined employer contribution strategy
• Enrollment assumes approximately 10% of employees elect the PPO, and 45% elect the Plus PPO, and 45%
elect the POS
— Under this migration scenario, overall cost share is 73%
— Projected net savings from status quo of $17.2M
• Full rates for all plans and tiers are found in the appendix on pages 18 - 19
December 10, 2013
'k?f�M
melee. Only
mpioyee8 Child
mei,.8ch14,aen
mployee 8 Spo(44
amity
540218
ss!59..2,
,y `-59824¢ .585434-
.83',„,,c2.
51.31278
5351022
5588 '-•%
1771 4s�'=-
11.011.48
$120)y`Y ,
18)43
'412810
$22829
$301.27
140A8` •_:--..5a
8
`11)00
'i33R.04,_„k,`-
$303.82
1581.98
36
(5.92)
(583.87)
($20864)
(577.331
(5280.89)
q�p* 85LBrh
by
'9Yh
TL81 R 4*8'4F
ke b�nm
6'u.�rMkh�S°t
i@^ :a T”
•r...'
o�T.s j� i1c &TirrF
.e t
..`'idrilerlu)t4fr
AE
"..'Gaihli25ldrr `.
Rehm°Only
Reha8 Child
re
...BS (.h 1 cir
Retiree 8 5poue0
Family
$555.15
3804.97
i11 1)7*)
37246.3' ,R ,'
31,87101
5505.19
5705142.'
597142)'-''
14146'205,,,)
$1250.20
$4998✓
19966
4166 56
S34530
$420.80
$4&06 .,,
i141A0v.
339582',,„ , '
5400.72
5640.37
50.90
(541 871
(3228.77)
(581.42)
4219 57)
• Full rates for all plans and tiers are found in the appendix on pages 18 - 19
December 10, 2013
-82 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
Alternately, the City could elect to shift more costs to the employees. Below is the projected 2015
monthly rates and contributions:
97/50/50 Scenario
Pro10cted 2015 Monty r s
1<,
• Following rate scenario illustrates a defined employer contribution strategy
• Enrollment assumes approximately tO% of employees elect the PPO, and 45% elect the Plus PPO, and 45%
elect the POS
— Uncle this migration scenario, overall cost share is 67%
— Projected net savings from status quo of $25.3M
91110450Prejaotad 2015 *Ow 7AO Rater ($1,00W$6,0000aauobbla)':
Ch+wO.Oom 3714P03 Rgea
($300/3800 Oad dlbM) „
TW
Total Coq
Employ"
ConMbulbn.
Em':'
Conhibutlon.
2014 POS
Employee :
Contribution
Change In
Employer
Contribution
Employee Only
$402.28
$390.22
$1207::
'54200
($36.99)
Employee &Child
$651.59
$51437
$13672:
$425+1
11092
Employee&Cndren
$98244
$68029
$30215.
$33844
(13459)
mployee8 Spouse
$937.13.:
$65799
$279.84
$30362
($23.78)
=molly
$1,312.76
184545
1487.30
$511.06
(1114.88)
91150150 Prejoggl 2015Ra0r, PPO Rgot(12.1b07$0.0000rawRbNj
,
C Oefroa1014Pe0Rgw
016 a
Total Coq
Emplbyq:
Relirr
POS
2016 POS
Change
Change
Rginr
Tlx
Con"i'llan
C'"*"'"'"
Contribution
Contribullon
Cognbuhon'
Retiree Only
$555.15
$505.19
iRetiree&Chiltl
4104.97::
$130:10
$/7487.
$141510
$33.07
3e5ree 0 Children
$1,131.06
$79654
534142
" $30532.
($53.90)
504008 5)0104
$1293.50
$674 e0 -
$419.14
$400.72
512.42
-amity -
51.671 01
$1,063.12
0607.69
$840.37
($3248)
13
December 10, 2013
-83 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
92/5D/0 Scenario
Proecleci 1C.,15 t1., tIlly Rte:s. n ',e _ ,>,. -r,
• Following rate scenario illustrates a defined employer contribution strategy
• Enrollment assumes approximately 10% of employees elect the PPO, and 45% elect the Plus PPO, and 45%
elect the POS
— Under this migration scenario, overall cost share is 58%
— Projected net savings from status quo of $38.2M
eflOJe Projected 2015Acdve FPO :Rot..{$ ,000ri8:0000040505 )
OS Rates
Chan➢afmm E014Pctib.)
0/5600 be
Tier
Total Cost
Employer
Contribution
Etym., a
Contributions
Change
Ze1d POS Change
014
ETPiOYM Employee
Contribution Contribution
Employee Only
$402.28
$31097
$3131 ..
54806
($1775)
Employee B Child
5651.59
$49563
$15596-
$12530
53016
=mployee&Ch4dren593244
-
$66105
1321.39_
$33614-
($15.35)
mployee4 Spouse
$9:783
4670.97-
$56685
$303.62
$283.23
Family
41612 76
$558.44
$754.32
$581.86
$172.36
92/50Po PrvJwtod 2545 Ra0r0.080 nat. ($3.00048A0t Mducada)
GMnpa /rom:2014 POS Ratac
{13e0Re000e4uctibte)
Tim
Total co.,
Em e 0Yar
Ratiras
20R147.08
Cir as In
Retlroe
contribution
Contribution
Contribution
Contribution.
Retiree Only
4555.15
$511.94
$43.21
$4906: >
(55.85)
Retiree 8 Child
$80497 -
4036;85
516812
514190
126.32
801009Ch ldiTn
51138-08
$80340
$33468
5395• 32
($60.68)
Retiree Spouse
51293.50
$51104
$781.56
-5406.72
$374.84
-amity
51.671 01
5700.70
$97031
564037
$32094
14
Mr. Jeffries provided the following next steps for consideration:
Next Steps
January/February — Joint Board/Council Direction
— Contribution Strategy — Defined Contribution method of funding a percentage of cost for lowest coverage plan, and
applying that same dollar amount to the buy -up plans as an employer contribution
— Contribution Scenario — A specified % of plan costs for employees, dependent children, and spouses
— Plan Offerings — 3 plan options with stated plan design and coverage levels
— vsWellnessforLife — Rates Will assume participation in v°WellnessforLife. Those that fail to obtain a health screening
or do not comply with health coaching requirement Will pay an additional $750 annually
— Health Savings Account —A 9500 one-time employer contribution to employees/retirees that newly elect the lowest
coverage plan (PPO) during open enrollment for the 2015 plan year
— Future Retiree Coverage
- New hires as of 7/1/2014 must have 15 years of service to have access to enrollment in retiree health care. No
employer contribution will be provided.
- Employees hired before 7/1/2014 and retire on wafter 1/1/2019 must have 30 cumulative years of service with the City
and/or Schools, or 5 years job-related disability with the City, to receive an employer contribution towards retiree health
- Request legislative action/support to change Code of Virginia requirement to provide retiree health care to those with 15
years of service.
• March 2014 - GASB Valuation
• April 2014- Rate Setting (Benefits Executive Committee)
- Set rales after obtaining of GASB valuation and two months of claims
- Employee premiums 0411 be established by determining plan costs and applying contribution scenario selected
• May -October 2014 - Health Plan Education/Marketing (Consolidated Benefits Office)
15
Mr. Jeffries provided the following slides for further information to assist with this decision.
Mayor Sessoms thanked Mr. Jeffries and the entire team for all of their hard work
December 10, 2013
-84 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
BEC Recommendation 97/80/60 Scenario
Plan Design Considerations (Ia Netw r Benefits)
• The following alternate plan designs are being considered for implementation in 2015
PPtt
5300/8600 51.250/52500 550051500 51.50033000 53.00036000...
N/A 55003500 N/A N/A 5500/550051
5, 500153.000 86250512500 5050035000 5,00058000 55000310000
520/100%' 30%coinsurance 820/100%: 10% Coinsurance 20% Coinsurance
100% loo r• 100%1 100% 100%.
500/100, 30% Coinsurance 840/1006 10%. Cansurance 20% Coinsurance
500/100°% 30% Coinsurance 10% Coinsurance 10% Comsurance 20% Coinsurance
150/100% 30% Coinsurance 10% Coinsurance 10% Coinsurance 20% Coinsurance
5500/100% Coinsurance 0°%Coinsurance t0%Coinsurance 20% Coinsurance
8250/100% 30% Coinsurance 10% Coinsurance 10%Coineurance 20% Coinsurance
5,0 OB
Confirrn3200 global 30% Coinsurance $350 Copay' 10% Coinsurance 20% Coinsurance
then 100%
iAfter Deductible. Atter Deduct . Atter Deductible:
515 515 815 $ts Sts
530 830 530 530 830
25°%( in,max (8065481,40825/5(868545,600260/ max 545, max 25%(rein 545, ma 25%Im to sus. max
805]0) 80560 560)85580) 560)
'1/0) me (min860.m 50%(511 x 50°8 (min8 ma z 50%°( E) max
( E1101 5110) Stt01 Bt10) E1101' Deduchble does not apply to the benefit.. PPO PSA contribution offered first plan year only.". Pharmacy copays clo not assume partrupaton in the preferred network
17
December 10, 2013
-85 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
BEC Recommendation 97/80/60 Scenario
2015 A " OS'r'.us 1'1'04'00 Rate a i 4
.; ... ;,ant -�;;rs - , or°.:'y
Cai'"'s;,µJil'.
,. ;
001+1468
. ..%,. ,.�. X4,:.,.::
4 }'vftl4Wla . b
..':
$724.66 $505.19 121947
14906
Em play. Only
$525.12
$390.22-90 .89 .08 64 .11
$14180
144% $20392
ranee 8 Children
$1,485.58 $97152 $51404
81.1$ r
OenMWuben
rues, Spouse
$1,688.46 $948.20 $740.26
$406.72
l0f PD$FarPlmre EaT1aY4ePeriOfOF(IS
Earn.
Cenleibu6en
Cwlrlbatloo k S
Emvoy.Only
$463.76
$39022
$7354 $49.06 50% $24.48
Employee Pr Chdd
$751.16
$58968
$161.50 $12580 28% $3570
E m ploy.8 Children
$1,132.56
$85430
$278.22 $33674 -17% ($58.52)
Employee. Spouse
$1081.13
$711.54
$369.59 $30362 22% $65.97
army
$1,513.35
$1,011.48
$50187 $581.96
-14% ($8909)
;..,,.,,
S SpF Siau4"�n4?.T''4T
,.. , ;xik ?$
. mu.
Employee Only
$402.28
$39022 .07 $58966 $850.34 $711.50 $1,011.48 1.96 -48% 4280 69)
18
BEC Recommendation 97/80/60 Scenario (91/80/60 Retirees)
20-10 Non-tvieticate Elbgittle Rethee POS/Plus Pr 0 PPO Rates and
19
December 10, 2013
,. ;
001+1468
. ..%,. ,.�. X4,:.,.::
'PM4a,.` ..,
Retiree Only
$724.66 $505.19 121947
14906
347% $170.41
Retiree 8 Child
$1050.76 670504 5345.72
$14180
144% $20392
ranee 8 Children
$1,485.58 $97152 $51404
$39532
30% $116.72
rues, Spouse
$1,688.46 $948.20 $740.26
$406.72
82% 1333.54
Earn.
$218123 61,250.20 1931.03
$640.37
05% 1290.86
Pro)er4W1615 R4WseQWetrtl6RSP4uPIM:Ra . (18.'A0A&00001Mdpp84M)
Ch.4p. YMuS014P05
Rebs$$26M$E0011tlmtl6N7
iarl cast Rabe• Co0p16rbn
.5014PORM5m
45004)6
ReN 000051551. C505150501111lW
2014405
Retiree Only
$63998 $50519 $13480
14906
175% 18574
Retiree 8 Chad
$927.98 $705.04 122293
$14180
57% 181.13
611.00 8 Children
$1,31197 $97152 $34045
$39532
-14% (554 87)
Retiree a Spouse
$1,491.18 $948.20 $54296
$408.72
33% $138.24
Fern
$1,928.35 $1,250.20 $676.15
$640.37
6% 63578
T iP3r
spa
4%�4is�v��y`ib/fin. - .mraft
odp2'"trr..
' dden
"26. amtafa
1 : •.M4rrtr NS,
a"�
dra
�,�
`Fr�Q1 i i
Retiree Onlyp
$555.15 $505.19 $49 S.
$4906
2% $0.90
Retiree&Child
5304.97 $705.04 $9993
$141.80
-30% ($4187)
Retiree Children
$1,13806 $97152 $166.55
$39532
-58% ($228.77)
Retiree &Spouse
51.293 50 $948.20 $345.30
$406.72
-15% ($61.42)
Family
51.671 01 51250.20 $420.80
6640.37
-34% ($219.57)
19
December 10, 2013
-86 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
BEC Recommendation 97/80/60 Scenario
Acir,e Cost Impact
• The below charts illustrate the combined monthly employee contribution plus expected out-of-pocket costs
based on utilization and cost assumptions
• Active employees are roughly 40% low, 45% moderate, 15% high utilizers, based on 2012 Optima report
• Utilization scenarios are illustrative, actual utilization varies greatly among individuals
518,000
8 $16,000
! 515,000
$10,000
58,050
$6,000
t 5a.000
g s2000
So
Active Employee Annual Cosl
Employee Only Fitfully
UVI'aeon
Moderato High
a Status Quo POS
• Buy -UP ,CO
Buy Up Plus PPO
W Buy -Up PPO (with NSA,
• Considerations
— Low utilizers benefit from reduced monthly contributions of lower cost plans
— Employee Only high utilizers see large percentage cost increase under buy -up option
— Families see smallest percentage increase in monthly contribution due to elimination of Employee +
Child subsidy 20
Active Utilization and Cost Assumptions
'yl0acati
Lvw.. Moderate
Preventive Care Visit
PCP
ts
Spec aletVisil
Emergency Room Visit
Urgent Care
Visit
Rx Prescription Retail Generic
Rx Prescripton- Retail Preferred Brand
Rx Prescription -Mail Generic
Ric Prescription • Mall Preferred Brand
nal Sl.( days)
omp• atientmocadere
MRI (Outpatient)
x -Ray
12
Servbe Gal
Moderate Huls
Preventive Care Visil
PCP Visits
Specialist Visit
Emergency Room Visit
Urgent Care Visit
Prescription -Retail Generic
Ry Prescription -Retail Preferred
Prescription -Mail Generic
Brand
Bra.Honpatient spital Slay (5 days)
Procedure
MRo(O patient/
2 Ray
Preventive.. Visit
PCP Visits
Specialist Visit
Ernergen0Y Room V.
Urgent
FixPrescription Retail Generic
00re VI.
Prescription sit Preferred Brand
RxPrescription -Mall Generic
Rx Prescription -Mail Preferred ,and
inpatUnt Hospital Stay (5 days)
Outatient
RI (outpatient,
)(Ra
OVVirginiia Bea. average provided by
553
5102
5276
51 250
5150
E.
5266
526
5100
515 380
5599
5523
550
Employee 00y Utilization Classification
Lay.loran 51.000 allowed charges in .12
Moderate. 51.000 -52500 allowed charges in 2012
High Greater than 52500 allow. charges in 2012
December 10, 2013
-87 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
BEC Recommendation 97/80/60 Scenario (91/80/60 Retirees)
Nu- Modica:a Retiree Cost Impact
• The below chart illustrates the combined monthly retiree contribution plus expected out-of-pocket costs
based on utilization and cost assumptions
• Retirees are roughly 25% low, 508/4 moderate, 25% high utilizers, based on 2012 Optima report
• Utilization scenarios are illustrative, actual utilization varies greatly among individuals
Non -Medicare Retiree Annual Cost (25+MOS)
Retiree Only
0
- 518,000
8 516,000
E $14,000 ---.
a $12,000
iS10,000 ---.
58000
• 56000
>:
E 54,020
$2,000
50
low Moderate High Low
Mk bon
amity
eStatusOnsi SOS
BuyMe Mus
*PPO w]142n197780760) •
22
Non -Medicare Retiree Utilization and Cost Assumptions
s.rvkcl6pay
lar MdawaN wan
Preventive care Van
PCP Visits
Specialist VisoEMENg
12
RVisit
Urgent Care Visit
Rx Prescription -Retail Generic
Ra Prescription -Retail Preferred Brand
Rx Prescription - hilail Generic
Rx Prescription - Mailerred Brand
Inpatient Hospital Stay0
Outpatient Procedure
MRI (Outpatient)3111)
keEatmay:..
Preventive Care Visit
PCP Voits
Specialist Visit
Emerg y Rao sit
Urgent Cae Visit
Rx Prescription - Retail Generic
Prescription -Retail
Rx Prescription -Mail Generic Bra.
Rx Prescription • Meil erred Brand
Hospital Stay (5 days)
Outpatient Procedure
MRI (Outpatient)
X -Ray
Preventive Care Visit
PCP Visits
Specialist Visit
Emergency
Urgent Care Visit a
RxPrescription- Retail Generic
Rx Prescription -ail Prelerred Brand
Rx Prescription- Mail Gent;
Rx Prescription -Mail Bra.
inpatient Hospital
Stay (5 clays)
Outpatient Procedure
MRI (Outpatient)
,X -Ray
• Op�timaimealmm luei°ap idea dr
sten
E226
Et 250
E150
529
E2560
Sle0
515300
5570
55]3
$50
teeUtilization ssiflcatlon
an E� 000 allowed charges in 2012
Moderate : Et6000- 57.500 allowed charges In 2012
High. Greater than $7.550 allowed charges in 2012
23
December 10, 2013
-88 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
Enrollment Summary
No,r?G1 r'S: n-rpil
POS PIAn Tier
_ars plo�•eetfe°tree
Employee!Rstirea
Child
Act, COBRA Re,t,rae Total._
7,695 1,134 8,829
2,729 139 2,868
Employee?Retiroe & Chiidron 620 16 636
Lni picyee!Rotiree? Spouso 1,073 232 1,305
Em I&O&&Rutiree 8 r-_ milt' 1,261 79. 1,340
Total _... ::.... 13,378 ...... 1,600...__ 14,978__.
24
2015 Status Quo Projection
Assrrnctions
• Status quo 2015 projection based on experience update with data through September 2013
• Assumes 8% claims trend, 5% administrative and stop -loss increase
• Assumes same enrollment as 2014 projection
— September 2013 enrollment plus an additional 610 assumed to enroll in 2014 due to individual mandate,
per prior analysis
• Assumes pharmacy copays apply toward out-of-pocket maximum to comply with healthcare reform
requirements
• Includes $4.0 million GASB funding and $1.6 million additional administrative expenses
25
December 10, 2013
-89 -
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
HEALTH CARE
ITEM #63377(Continued)
Important Notice with Respect to Projections Contained in this Document
All projections are based on the information and data available ata point in time and the projections
are not a guarantee of results which might be achieved. The projections are subject to unforeseen
and random events and so must be interpreted as having a potentially wide range of variability from
the estimates.
The information contained in this document and in any attachments is not intended by Mercer to be
used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code
or imposed by any legislative body on the taxpayer or plan sponsor.
20
M ERCER
The Joint City Council/School Board Adjourned at 4:32 P.M.
December 10, 2013
-90 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
DECEMBER 10, 2013
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 10, 2013, at 6:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and
James L. Wood
Council Members Absent:
John E. Uhrin
INVOCATION: Evangelist Antonio Carnota
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
Constitution 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
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order 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 idents any matters in which he might have an actual or
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
March 24, 2009, is hereby made a part of the record.
December 10, 2013
-91 -
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 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
transactions 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 which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter 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
appropriate 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
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne
Realty ("Prudential'). Because of the nature of Real Estate Agent affiliation, 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 City Council for the
purpose 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 letter of August 13, 2013, is hereby made a part of the record.
December 10, 2013
Item -VI-E
CERTIFICATION
-92-
ITEM #63378
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE 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: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
RESOLUTION
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 #633 76 Page 74, and in accordance with the provisions 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.
uth Hodges'
City Clerk
raser, MMC
December 10, 2013
Item -VI -F.1
MINUTES
-93-
ITEM #63379
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of December 3, 2013.
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis
R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
Council Members Abstaining:
William R. "Bill" DeSteph
December 10, 2013
-94 -
ADOPT AGENDA
FOR FORMAL SESSION ITEM #63380
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 10, 2013
-95 -
Item -VI-H.1
MAYOR'S PRESENTATION ITEM #63381
2013 "Holiday Lights" Student Design Competition
Mayor Sessoms introduced Bobby Melatti, Director — Beach Events. Mr. Melatti stated this competition
has created new stakeholders in Arts, Education and the City. These collaborative efforts instill a very
real sense of pride for students and their schools and underscore the hard work of teachers and
administrators. This is a true "win/win ". Mr. Melatti and Mayor Sessoms presented a Certificate of
Excellence for 1st Place Holiday Lights Design in the 2013 Competition to:
Kathleen Viloria — Salem High School
December 10, 2013
ceaw//,anee
1 ST PLACE HOLIDAY LIGHTS
DESIGN
COMPETITION 2013
THIS CERTIFICATE IS AWARDED TO
Raeeee' Teeea
0 F SALEM HIGH SCHOOL
',11Von/aki'd S)akial 20,6
at ge M
WILL SESSOMS, MAYOR
MIKE EASON, RESORT ADMINISTRATOR
-96 -
Item -VI -H.2
MAYOR'S PRESENTATION ITEM #63382
AMERICAN PUBLIC WORKS ASSOCIATION NATIOANL ACCREDITATION AWARD
Philip A. Davenport, Director — Public Works
Mayor Sessoms introduced Diane M. Linderman, Past President of the American Public Works
Association. Ms. Linderman expressed her appreciation to City Council in allowing her the honor of
presenting the Virginia Beach Public Works Department award of full accreditation by the American
Public Works Association. The Association knows the fine work Virginia Beach has done over the years
and what they continue to do in this City. The accreditation program began in 1985 and Virginia Beach
Public Works Department began self-assessment in 2009 with the site visit in November 2013. The City
received accreditation on December 5, 2013. The City is the 88"' Public Works Department in the
Country to earn accreditation and the 6"' in the Commonwealth of Virginia.
Mayor Sessoms congratulated Phil Davenport and the entire Public Works Department for a job well
done and expressed appreciation for all of their hard work on a day-to-day basis.
December 10, 2013
-97 -
Item -VI -H.3
MAYOR'S PRESENTATION ITEM #63383
RESOLUTION — S0TH ANNIVERSARY OF THE CITY OF VIRGINIA BEACH
Mayor Sessoms read a Resolution in celebration of Fifty Years the City has been setting the standard,
exemplifying excellence with strategic economic development from agriculture to industry and providing
her citizens, including the vast military presence, to be the "best city in the world".
Mayor Sessoms presented the Resolution to Ruth Hodges Fraser, MMC, City Clerk.
December 10, 2013
RESOLUTION
WHEREAS: The English Colonists landed on what is now known as "Cape Henry", making Virginia Beach
truly the "Landmark Of Our Nation's Beginning" on April 26, 1607. The Colonists moved westward to what is
now known as "Jamestown" to avoid exposure to possible attack by the Spanish as their war ships were very
close in the Atlantic Ocean;
WHEREAS: from 1607 to 1625, an estimated 7,549 persons arrived in the Virginia Colony. Adam
Thoroughgood came to Virginia in 1621 and settled on the western bank of the Lynnhaven River. Princess Anne
County was formed in 1691 from the lower Norfolk County. The Town of Virginia Beach was created by the
Virginia General Assembly in 1906;
WHEREAS: The City of Norfolk grew by a series of annexations that began in 1887. In 1959, Norfolk
annexed thirteen and one-half square miles of Princess Anne County. City and Town leaders proposed a five-year
Moratorium on annexation against Princess Anne County and agreed not to lobby in the Virginia General
Assembly for any change in the state annexation laws. A Consolidation Study Committee" was established to
work closely with their political allies to persuade others to join them in creating a "city of the first class" which
would be named the "City of Virginia Beach ". With consensus the Merger Executive Committee, City Council
and the Princess Anne County Board of Supervisors divided the city into seven [7] Boroughs, representing the
County Board of Supervisors, and four At -Large, representing the Town Council membership, totaling eleven
[11] members to be elected every two years in the even years and the term of office would be four [4] years for
each. County and Town leaders set forth the mechanism to create legislation in the Virginia General Assembly to
halt those mergers and consolidate the Town of Virginia Beach and Princess Anne County into one "city ". Their
lobbying efforts were unsuccessful, resulting in no modification to the Virginia Annexation law. County and
Town leaders then proposed a 5 -year Moratorium at a Norfolk City Council meeting;
WHEREAS: The Virginia General Assembly acted in 1962 to provide for the City of Virginia Beach to be
created, effective January 1, 1963. The new municipality would be governed by the Council -Manager form of
government, originally established in Staunton, Virginia. The City Council would be the governing and policy-
making body with a City Manager who would administer all departments created then and in the future. There
would be City Council appointive officials: City Manager, City Attorney, City Clerk, City Assessor and High
Constable who would serve "at the pleasure of the governing body ". The Mayor would be the officiating Member
of City Council; however, all Members would have equal voting power;
WHEREAS: Many legislative and administrative changes have been approved over the years. This "resort city"
became so popular, population grew until Virginia Beach became the largest city in the Commonwealth of
Virginia; and,
WHEREAS: Although Virginia Beach was `found' more than four hundred years ago, the City now celebrates
FIFTY YEARS of setting the standard, exemplifying excellence with strategic economic development from
agriculture to industry and providing her citizens, including the vast military presence, to be the "best city in the
world".
Given under our hands and seals this Tenth day of December, Two Thousand Thirteen:
Counc
Councilman Robert '. "Bob" Dyer
Counci L du Barbara J ley n5okn D. Moss mune d Lady pr. Amelia N Ross -Hammond
ibnan John E Wirin Cou• ilLa6y Ros' 4 Wilson Cou/ nlames L. Wood
Viae ayorLouisR ones Mayor William D. 'Will" Sessoms
-98 -
Item -VI-LI
PUBLIC HEARING ITEM #63384
Mayor Sessoms DECLARED A PUBLIC HEARING:
PROPERTY TAX EXEMPTION — The Victors
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
December 10, 2013
-99 -
Item -VI -I.2
PUBLIC HEARING ITEM #63385
Mayor Sessoms DECLARED A PUBLIC HEARING:
AMENDMENT OF FY2014 OPERATING BUDGET FOR SCHOOL OPERATIONS
Appropriate Reversion funding
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
December 10, 2013
Item —VI -J
ORDINANCES/RESOLUTIONS
-100-
ITEM #63386
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, BY CONSENT, Items 1, 2 -ALTERNATE VERSION (DeSteph Verbal NAY), 4, 5, 6, 7, 8 -
ALTERNATE VERSION (Moss Verbal NAY) and 9a/b/c of the CONSENT AGENDA, composed of
Ordinances, Resolutions and the Planning Applications.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
Item -VI -J.1
ORDINANCES/RESOLUTIONS
-101-
ITEM #63387
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property taxation
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
1 AN ORDINANCE TO DESIGNATE THE VICTORS AS
2 BEING EXEMPT FROM REAL AND PERSONAL
3 PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local real and personal property taxes to The Victors.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The
13 Victors, as a charitable organization within the context of § 6(a)(6) of Article X of the
14 Constitution of Virginia.
15
16 2. That real and personal property owned by The Victors located within the City of
17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
18 hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by The Victors for exclusively charitable
23 purposes;
24
25 (b) that each July 1, The Victors shall file with the Commissioner of the Revenue
26 a copy of its most recent federal income tax return, or if no such return is
27 required, it shall certify its continuing tax exempt status to the Commissioner
28 of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2017, The Victors shall file
31 an exemption application with the Commissioner of the Revenue as a
32 requirement for retention of the exempt status of the property; and
33
34 (d) that The Victors cooperate fully with the Commissioner of the Revenue with
35 respect to audit of its financial records, compliance with the terms of this
36 ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day
of December 2013.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
Commissioner of thel'Cevenue
CA12849
R-1
November 25, 2013
2
APPROVED AS TO LEGAL
SUFFICIENCY:
Item -VI -J.2
ORDINANCES/RESOLUTIONS
-102-
ITEM #63388
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, ALTERNATE VERSION Resolution to SUPPORT the "first day introduction" requirement
for General Assembly Bills that create local fiscal impacts
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
REQUESTED BY MAYOR SESSOMS, VICE MAYOR JONES, COUNCILMEMBERS
DAVIS, DYER, HENLEY, MOSS, ROSS-HAMMOND, UHRIN, WILSON AND WOOD
1 A RESOLUTION TO SUPPORT FIRST DAY
2 INTRODUCTION REQUIREMENT FOR GENERAL
3 ASSEMBLY BILLS THAT WILL CREATE LOCAL FISCAL
4 IMPACTS
5
6 WHEREAS, the City of Virginia Beach as well as many local governing bodies in
7 Virginia have an ever-growing concern about the impact on localities of state mandates
8 and cost shifting; and
9
10 WHEREAS, Section 30-19.03 of the Code of Virginia states that the Commission
11 on Local Government shall prepare and publish a statement of fiscal impact for "any bill
12 requiring a net additional expenditure by any county, city, or town, or ... any bill
13 requiring a net reduction of revenues by any county, city, or town, is filed during any
14 session of the General Assembly"; and
15
16 WHEREAS, numerous bills fitting this criteria have been submitted and gone
17 through the legislative process without review for local fiscal impacts due to limited time
18 and resources to review these bills during the General Assembly session; and
19
20 WHEREAS, it is also recognized that a need exists for additional time and
21 resources to provide such information during the tight procedural confines of the current
22 legislative process; and
23
24 WHEREAS, we believe it is critical that lawmakers have better and timelier
25 information on the fiscal impact to localities when they consider bills and budget items;
26 and
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 That the City of Virginia Beach City Council hereby requests that the General
32 Assembly support measures that require its members to file bills with local fiscal
33 impacts as early as possible, and no later than the first day of session.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of December , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
a
Budget and Management Seices
CA12853/R-2/December 10, 2013
City Attorney's Offcce�
Item -VI -J.3
ORDINANCES/RESOLUTIONS
-103-
ITEM #63389
The following registered to speak:
Katy Arris -Wilson, 3900 Old Shell Road, Phone: (757) 679-5954, President - TIDE Swimming, spoke in
SUPPORT. Mrs. Arris -Wilson is a long time Virginia Beach resident and swimming played a huge role
in her life; however, she had to drive to Norfolk twice a day for practices. Virginia Beach is the largest
city in the Commonwealth but has no Olympic size pool.
Johnny Johnson, 981 Little Neck Road, Phone: 757-481-1300, spoke in SUPPORT. Mr. Johnson's
grandchildren swim for the TIDE and he feels the City needs an Olympic size pool.
Ben Bvenuto, Couple Court @ Heron Ridge, (757) 435-6525, spoke in OPPOSITION. Mr. Bvenuto
advised the YMCA is not a "non-profit" as their tax return assets have gone up $6 -MILLION each year.
The YMCA promised Norfolk City Council a "world class daycare facility" and did not deliver.
Jerry Donnelly, 2108 Pleasant Acres Court, Phone: (757) 342-6017, spoke in OPPOSITION. Mr.
Donnelly has lived here 12 years and is getting ready to open his 3rd health care business in the City. Mr.
Donnelly would like to have the opportunity to place a bid on this project.
Padraick Donnelly, 2677 Christopher Farms, Phone: (757) 342-3134, spoke in OPPOSITION. Mr.
Donnelly advised the YMCA builds upscale health clubs with very little related to charitable causes. Mr.
Donnelly would like to have the opportunity to place a bid on this project.
Marc Freitag, 2105 Sawmill Court, Phone: (757) 343-8988), spoke in OPPOSITION. Mr. Freitag
operates OneLife Fitness and their management team operates several indoor pools locally. The City
should hold the YMCA to their commitment or open the project up for others to bid.
Billy George, CEO of South Hampton Roads YMCA for past 15 months, spoke in SUPPORT. The YMCA
is a non-profit organization that focuses on the character of youth, social responsibility and healthy
living. The costs to construct an Olympic size pool is $1.55 -MILLION.
December 10, 2013
Item -VI -J.3
ORDINANCES/RESOLUTIONS
-104-
ITEM #63389(Continued)
Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council ADOPTED,
Ordinance to AUTHORIZE the City Manager to EXECUTE a second modification to the Term Sheet
between the City and YMCA of South Hampton Roads to REMOVE the requirement for covering the
pool and EXTEND the start date of construction to June 1, 2014
Voting: 7-3
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr. and James L. Wood
Council Members Voting Nay:
Glenn R. Davis
John D. Moss
Rosemary Wilson
Council Members Absent:
John E. Uhrin
December 10, 2013
1 AN ORDINANCE AUTHORIZING A SECOND
2 MODIFICATION TO THE TERM SHEET BETWEEN
3 THE CITY OF VIRGINIA BEACH AND YMCA OF
4 SOUTH HAMPTON ROADS
5
6 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land
7 containing approximately 10.35 acres located at the intersection of Dam Neck Road and
8 Landstown Road (GPIN 1484-79-2434 and 1484-79-2884) (the "Property");
9
10 WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and
11 operate a community facility offering recreational and educational programs to serve the
12 community, including a 40,000 - 45,000 sq. ft. facility and a 50 -meter competition pool
13 on the Property (the "Project");
14
15 WHEREAS, the City and the YMCA came to a shared understanding regarding
16 each party's obligations and responsibilities in connection with the Project, which are set
17 forth in a Term Sheet dated June 1, 2011 (the "Term Sheet");
18
19 WHEREAS, on June 14, 2011, City Council approved the Term Sheet by
20 Ordinance ORD -3183F. The Term Sheet required that construction of the Project start
21 on or before December 1, 2012;
22
23 WHEREAS, on November 27, 2012, the City Council approved a 6 -month
24 extension of time to commence construction of the Project from December 1, 2012 to
25 June 1, 2013;
26
27 WHEREAS, the YMCA and City staff negotiated a modification of the Term Sheet
28 to remove the requirement for an architectural membrane covering the 50 -meter
29 competition pool, and to extend the date to commence construction to June 1, 2014.
30 No other modifications to the Term Sheet have been requested by either party.
31
32 WHEREAS, the City Council is of the opinion that modifying the Term Sheet will
33 allow the Project to move forward.
34
35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37
38 That the City Manager is hereby authorized to execute a second modification to
39 the Term Sheet between the City of Virginia Beach and the YMCA of South Hampton
40 Roads, on terms and conditions as set forth in the Summary of Terms, attached hereto
41 as Exhibit A, and made a part hereof, and such other terms, conditions and
42 modifications deemed necessary and sufficient to the City Manager and in a form
43 deemed satisfactory by the City Attorney.
44 10th
45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
46 December , 2013.
APPROVED AS TO LEGAL APPROVED AS 0 ONTENT
SUFFICIENCY
City Attorney
CA12764
V\vbgov.comVDFS 1 AApplicationsVCitylawProdAcycom32\ Wpdocs'D013\P017A00046576.DOC
R-1
December 4, 2013
Dept. & Recreation
EXHIBIT A
SUMMARY OF TERMS
An Ordinance Authorizing a Second Modification to the Term Sheet Between the
City of Virginia Beach and YMCA of South Hampton Roads
PROPERTY
OWNER: City of Virginia Beach (the "City")
DEVELOPER: YMCA of South Hampton Roads ("YMCA")
PROPERTY: 10.35 acres of City -owned land located at the intersection of Dam
Neck Road and Landstown Road (GPINs: 1484-79-2434 and 1484-
79-2884)
EXISTING TERMS:
• City to dedicate a portion of the Property to the YMCA "as -is" and
subject to certain restrictions.
• YMCA to construct and operate a facility for recreational and
educational programs and services to the community (the
"Project").
• Project to include a 40,000 - 45,000 sq. ft. community facility, and a
50 -meter outdoor competition pool covered by an architectural
membrane.
• Project design and construction to be consistent with the Princess
Anne commons Design Guidelines.
• All Project design and construction plans must be reviewed and
approved by the City.
• Project construction to start on or before June 1, 2013.
TERMS TO BE MODIFIED:
• Extend start date for construction of the Project to June 1, 2014.
• Project to include a 40,000 - 45,000 sq. ft. community facility, and a
50 -meter outdoor competition pool, without being covered by an
architectural membrane at this time.
• All other terms, conditions and obligations set forth in the Term
Sheet dated June 1, 2011 remain unchanged.
Item -VI -J.4
ORDINANCES/RESOLUTIONS
-105-
ITEM #63390
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE City -owned property at Princess Anne Road and South
Independence Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE conveyance of
same to Smith/Packett Med-Com, LLC
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
1 AN ORDINANCE DECLARING THE PROPERTY
2 LOCATED AT THE NORTHWEST CORNER OF
3 PRINCESS ANNE RD. AND S. INDEPENDENCE
4 BLVD. TO BE IN EXCESS OF THE CITY'S NEEDS
5 AND AUTHORIZING THE CITY MANAGER TO SELL
6 THE PROPERTY TO SMITH/PACKETT MED -COM,
7 LLC
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
10 parcel of land located at the Northwest corner of Princess Anne Road and S.
11 Independence Blvd. (GPIN 1485-16-9065) (the "Property"), more particularly described
12 on Exhibit "A" attached hereto;
13
14 WHEREAS, the City acquired the Property to develop a planned future
15 interchange, which has since been deleted from the Master Transportation Plan;
16
17 WHEREAS, Smith/Packett Med-Com, LLC ("Smith/Packett") approached the City
18 with an offer to purchase the Property and construct a one hundred eighty (180) unit
19 combination Independent Living and Assisted Living facility on the Property;
20
21 WHEREAS, the City Council is of the opinion that the Property is in excess of the
22 needs of the City of Virginia Beach; and
23
24 WHEREAS, the City Council has determined that Smith/Packett's intended use is
25 an appropriate use for the Property.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the Property is hereby declared to be in excess of the needs of the City of
31 Virginia Beach and that the City Manager is hereby authorized to execute any
32 documents necessary to convey the Property to Smith/Packett, in accordance with the
33 Summary of Terms attached hereto as Exhibit "B", and such other terms, conditions or
34 modifications as may be acceptable to the City Manager and in a form deemed
35 satisfactory by the City Attorney.
36
37 This ordinance shall be effective from the date of its adoption.
38 10th
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
40 of December , 2013.
APPROVED AS TO CONTENT
ash C, ccsr�
Works/Real Estate
CA12748
\\vbgov.com\DFS I \ Applications \CityLawProd\cycom32\ Wpdocs\D004\POI6\00090703.DOC
R-1
11/26/2013
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Offic
EXHIBIT A
ALL THAT certain tract, piece or parcel of land, together with any
improvements thereon and all appurtenances thereunto belonging, lying,
situate and being in the City of Virginia Beach, Virginia and being
designated and described as "CITY OF VIRGINIA BEACH D.B. 2242 PG.
1585 M.B. 163 PG. 17 GPIN 1485-16-9065 GREEN RUN P.U.D.
SUBDIVISION SECTION E-3, PART 5, PARCEL E-3", as shown on that
plat entitled "PLAT SHOWING PROPERTY BOUNDARY AND RIGHT OF
WAY AND EASEMENT ESTABLISHMENTS BY THE CITY OF VIRGINIA
BEACH GREEN RUN PUD, SECTION E-3, PART 5, PARCEL E-3 GPIN
1485-16-9065 (CIP 3-368) VIRGINIA BEACH, VIRGINIA", prepared by
Patton Harris Rust & Associates, Inc. and duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, on
9/10/2012 as Instrument Number 20120910001036850, reference to
which plat is hereby made for a more particular description of said
property.
LESS AND EXCEPT all areas of right-of-way as shown or established on
the above -referenced plat.
RESERVING to the Grantor all utility and drainage easements shown or
established on the above -referenced plat.
IT BEING a portion of the same property conveyed to the City of Virginia
Beach by deed of Green Run Corp. of Virginia Beach, dated January 7,
1983, duly recorded in the aforesaid Clerk's Office in Deed Book 2242, at
page 1585.
GPIN 1485-16-9065
EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT
PRINCESS ANNE ROAD AND S. INDEPENDENCE BOULEVARD
SELLER: City of Virginia Beach
PURCHASER: Smith/Packett Med-Com, LLC
PROPERTY: Approximately 3.98 acres of property located at the northwest
corner of Princess Anne Road and S. Independence Blvd.
GPIN: 1485-16-9065, as more particularly described on Exhibit
A to the Ordinance.
PURCHASE PRICE: $1,900,000
PURCHASER'S OBLIGATIONS
PRIOR TO CLOSING:
• Obtain modification of the current conditional rezoning.
Obtain a conditional use permit for the intended use.
Submit a site plan for review and approval by the Planning Department.
EASEMENTS TO BE RESERVED:
All utility and drainage easements shown on the plat entitled: "PLAT
SHOWING PROPERTY BOUNDARY AND RIGHT OF WAY AND
EASEMENT ESTABLISHMENTS BY THE CITY OF VIRGINIA BEACH
GREEN RUN PUD, SECTION E-3, PART 5, PARCEL E-3 GPIN 1485-16-
9065 (CIP 3-368) VIRGINIA BEACH, VIRGINIA".
Any additional easements identified by City staff during site plan review.
LOCATION MAP
EXCESS CITY OWNED PROPERTY
PRINCESS ANNE ROAD & S. INDEPENDENCE BLVD.
G P I N 1485-16-9065
Prepared by P.W./Eng./Eng. Support Services Bureau 8/24/06
1A*0)
X:\Projects\ARC Files\Agenda Maps\PA -S. Independence
Item -VI -J.5
ORDINANCES/RESOLUTIONS
-106-
ITEM #63391
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street for
Columbus Station Associates, LLC
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING THE CONDITIONS IN THE
3 MATTER OF CLOSING A PORTION OF
4 WOODLAND STREET EAST OF CONSTITUTION
5 DRIVE
6
7 WHEREAS, on December 11, 2012, City Council acted upon the
8 application of Columbus Station Associates, LLC (the "Applicant") for the closure of an
9 18,964 sq. ft. portion of Woodland Street east of Constitution Drive, as shown on Exhibit
10 A attached hereto;
11
12 WHEREAS, on December 11, 2012, City Council adopted an Ordinance
13 (ORD-3262BB) to close the aforesaid right-of-way, subject to certain conditions being
14 met on or before December 10, 2013; and
15
16 WHEREAS, on November 21, 2013, the Applicant requested a six-month
17 extension of time to satisfy the conditions to the aforesaid street closure action.
18
19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
20 Virginia Beach, Virginia:
21
22 That the date for meeting conditions of closure as stated in the Ordinance
23 adopted on December 11, 2012 (ORD-3262BB), upon application of Columbus Station
24 Associates, LLC, is extended to June 10, 2014.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia, on this
27 10th day of December , 2013.
28
29 Portion of GPIN: 1477-63-3546
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
CA12763
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R-1
November 26, 2013
APPROVED AS TO CONTENT:
0
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CURVE DATA CHART
NUMBER
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CHORD LENGTH
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(TOTAL)
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Item -VI -J.6
ORDINANCES/RESOLUTIONS
-107-
ITEM #63392
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach
Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use facility for
persons with intellectual disabilities DISTRICT 7 — PRINCESS ANNE
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
1 AN ORDINANCE TO APPROPRIATE $2,910,000 FROM THE
2 FUND BALANCE OF THE GENERAL FUND TO THE CITY OF
3 VIRGINIA BEACH DEVELOPMENT AUTHORITY
4
5 WHEREAS, the City Council has been briefed regarding a proposed partnership
6 between the City of Virginia Beach Development Authority (the "Authority") and Vanguard
7 Landing, Inc., a Virginia non-profit corporation; and
8
9 WHEREAS, the City's participation requires funds to be appropriated to the
10 Authority;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
15 That $2,910,000 is hereby appropriated from the fund balance of the General Fund
16 to the City of Virginia Beach Development Authority (the "Authority") to allow the Authority
17 to loan funds to Vanguard Landing, Inc., a Virginia non-profit corporation, in furtherance of
18 a project that provides residential and employment opportunities for persons with
19 intellectual difficulties.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of
December ,2013
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J
Budget and Management Servic-s City At
CA12850
R-1
November 25, 2013
SUMMARY OF TERMS
AUTHORITY LOAN TO VANGUARD LANDING, INC.
Lender: The City of Virginia Beach Development Authority ("Authority")
Borrower: Vanguard Landing, Inc., a Virginia non-profit corporation
Loan Amount: Not to exceed $2,910,000
Term: Fifteen (15) years
Interest Rate: 0%
Use of Funds: Borrower to use the funds to (i) purchase four (4) parcels of real
property (totaling 75.54 acres) located off Princess Anne Road
(GPINs: 2413-19-9845, 2413-19-1792, 2413-19-6111 and 2413-09-
8432) (collectively, the "Property"), and (ii) pay any rollback real estate
taxes assessed against the Property as a result of the Borrower's
acquisition or use thereof, and for no other purpose. The Property is
to be developed with mixed-use residential, recreational and
commercial facilities, for persons with intellectual disabilities (the
"Project")
Security:
Borrower to grant the Authority a first priority deed of trust
encumbering the Property to secure repayment of the full amount of
the purchase price of the Property, and will restrict uses to those
generally contemplated by the Project.
Repayment
Terms: The loan will be repaid on a twenty-five year amortization schedule
with payments commencing at the beginning of year eight (8) and a
final balloon payment due at the end of fifteen (15) years. Borrower to
repay only the purchase price of the Property and not the amount
attributed to rollback taxes.
Special Terms: All sums will be immediately due and payable if (i) no residential
buildings are complete (as evidenced by a certificate of occupancy)
within five (5) years from the date of the loan, or (ii) Borrower fails to
apply for and diligently pursue all necessary licenses and permits for
the operation of the Project, or (iii) the Property is not used in a
manner consistent with the proposed Project. The Authority will not
make the loan unless and until City Council appropriates the Loan
Amount to the Authority for the purposes stated herein.
GPINs: 1) 2413-19-9845 2) 2413-19-1792 3) 2413-19-6111 4) 2413-09-8432
LOCATION MAP
Item -VI -J.7
ORDINANCES/RESOLUTIONS
-108-
ITEM #63393
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned
property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue
DISTRICT 6 — BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment into a portion of
City -owned property for Ocean Sands Owners Association re patios and
balconies at 2207 Atlantic Avenue DISTRICT 6 — BEACH
The following conditions shall be required:
1. 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.
2. 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.
3. 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 the Grantee will bear all costs and expenses of such removal.
4. 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.
5. 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.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary
Encroachments so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain a building permit from
the Civil Inspections Division of the Department of Planning prior to commencing any
construction within the Encroachment Area (the "Permit").
December 10, 2013
Item -VI -J.7
ORDINANCES/RESOLUTIONS
-109-
ITEM #63393(Continued)
8. 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.
9. It is further expressly understood and agreed that 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.
10. 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 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.
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 Tenth day of December, Two
Thousand Thirteen
December 10, 2013
Item -VI -J.7
ORDINANCES/RESOLUTIONS
Voting: 10-0
Council Members Voting Aye:
-110-
ITEM #63393(Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF THE CITY RIGHT-OF-
6 WAY KNOWN AS ATLANTIC
7 BOULEVARD (CITY GREENBELT),
8 LOCATED AT 2207 ATLANTIC AVENUE,
9 FOR OCEAN SANDS OWNERS
10 ASSOCIATION
11
12 WHEREAS, Ocean Sands Owners Association, a Virginia non -stock corporation,
13 desires to construct and maintain proposed 6'4" patios (stamped concrete) on the first
14 floor and 6' balconies (aluminum decking) on floors two through fourteen within the City
15 right-of-way known as Atlantic Boulevard, in the City of Virginia Beach, Virginia; and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's right-of-way subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ocean Sands Owners
25 Association, its heirs, assigns and successors in title are authorized to construct and
26 maintain temporary encroachments for proposed 6'4" patios (stamped concrete) on the
27 first floor and 6' balconies (aluminum decking) on floors two through fourteen, within the
28 City's right-of-way as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A"
29 SHOWING ENCROACHMENT ONTO CITY PROPERTY FOR PATIOS AND
30 BALCONIES FOR OCEAN SANDS OWNERS ASSOCIATION VIRGINIA BEACH,
31 VIRGINIA," a copy of which is on file in the Department of Public Works and to which
32 reference is made for a more particular description; and
33
34 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
35 subject to those terms, conditions and criteria contained in the Agreement between the
36 City of Virginia Beach and Ocean Sands Owners Association (the "Agreement"), which
37 is attached hereto and incorporated by reference; and
38
39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
40 hereby authorized to execute the Agreement; and
41
42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
43 time as Ocean Sands Owners Association and the City Manager or his authorized
44 designee execute the Agreement.
45 10th
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
47 Of December
CA -12579
R-1
PREPARED: 11/25/13
, 2013.
APPROVED AS TO CONTENTS
PUBLIC WORKS, REAL ESTATEttl -so3
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
DANA,..R 11ARMEYER,
ASSOCIATE 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 day of , 2013,
by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of
the Commonwealth of Virginia, Grantor, "City", and OCEAN SANDS OWNERS
ASSOCIATION, a Virginia non -stock corporation, ITS 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 "Lots 7-10", as shown on that certain plat entitled:
"TOWN OF VIRGINIA BEACH SCALE: 200 FT. = 1 Inch April 1901, prepared by S. F.
DAY, C.E. Granby Street Norfolk, Va.", and said plats are recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 20B,
and being further designated, known, and described as 2207 Atlantic Avenue, Virginia
Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain
proposed 6'4" patios (stamped concrete) on the first floor and 6' balconies (aluminum
decking) on floors two through fourteen collectively, the "Temporary Encroachment", in
the City of Virginia Beach; and
GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED)
2427-19-5147-0000; (2207 Atlantic Avenue)
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of an existing
City right-of-way known as Atlantic Boulevard, (City Greenbelt), 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 are more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT "A"
SHOWING ENCROACHMENT ONTO CITY PROPERTY
FOR PATIOS AND BALCONIES FOR OCEAN SANDS
OWNERS ASSOCIATION, VIRGINIA BEACH, VIRGINIA,"
SCALE: 1" = 40' DATE 09/25/2013 SHEET 1 OF 1, prepared
by SIA SITE IMPROVEMENT Civil Engineers, Surveyors &
Site Contractors, 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 terminates 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 Encroachments 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 Civil Inspections Division of 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 must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
Tess 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
3
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 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.
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, the said Grantee, Ocean Sands Owners
Association, a Virginia non -stock corporation, has caused this Agreement to be
4
executed in its corporate name and on its behalf by Michele R. Colson, its president.
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
By (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
, 2013, by , CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me.
(SEAL)
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:
The foregoing instrument was acknowledged before me this day of
, 2013, 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.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
OCEAN SANDS OWNERS ASSOCIATION,
a Virginia non -stock corporation
By P.A:aC. R. 6e-110-&-. (SEAL)
Michele R. Colson, President
STATE OF V nl�4
CITY/COUNTY O Vi Y InIGL 6toc h , to -wit:
The foregoing instrument was acknowledged before me this 25 day of
, 2013, by Michele R. Colson, as President of Ocean Sands
Owners Association, a Virginia non -stock corporation.
Notary Registration Number: r%3 3003
My Commission Expires: 1 at -14
APPROVED AS TO CONTENTS
f
IGNATURE \` `. ) ``-
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
7
Notary Public
``\0HIIIIII1/,,i
MEN'
S 1
.4*• Otdlq%FRpq'9/
Q. REGISTRATION NO. 4
7353005
MY COMM. EXPIRES' Z "
01/31/2014
•
(SEAL)
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ER,
ASSOC! E CITY ATTORNEY
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Item -VI -J.8
ORDINANCES/RESOLUTIONS
-111-
ITEM #63394
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
REVISED, BY CONSENT, Resolution to AMEND and RE -ADOPT the October 2012 City/School
Revenue Sharing Formula Policy re public-private partnerships requiring incentive payments re Net -
New Tax Revenue
Voting: 9-1
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor
William D. Sessoms, Jr., James L. Wood and Rosemary Wilson
Council Members Voting Nay:
John D. Moss
Council Members Absent:
John E. Uhrin
December 10, 2013
REQUESTED BY COUNCILMEMBER DAVIS
1 A RESOLUTION TO AMEND AND RE -ADOPT THE
2 CITY/SCHOOL REVENUE SHARING FORMULA
3 POLICY
4
5 WHEREAS, the City Council and the School Board adopted the most recent
6 version of the City/School Revenue Sharing Policy in October 2012;
7
8 WHEREAS, the City Council desires to clarify the intent of the current policy with
9 regard to its application to certain public-private partnerships that require incentive
10 payments that are keyed to net -new tax revenues;
11
12 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
15 That the attached amendment to the City Council and School Board Policy on
16 sharing revenues with the School System is hereby adopted and shall be used by the
17 City Manager in the proposed FY 2014-15 Operating Budget and beyond.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of December , 2013.
APPROVED AS TO LEGAL SUFFICIENCY
CA12856
R-1
December 5, 2013
City Council and
School Board Policy
Title: City/School Revenue Sharing Policy Alternative Version
Index Number:
Date of Adoption: October 23, 2012
Date of Revision:
Page: 1 of 6
1. Purpose:
1.1. This policy ("Policy") is to establish a procedure for allocating to the City and to the Public School
System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to
provide sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as
the City's strategic goals.
1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by
clearly and predictably sharing local revenues. It provides a balance between the funding requirements
for School and City programming. This Policy seeks to provide a diverse stream of revenues that
mitigates dramatic changes in the economy by relying upon all local tax revenues that are under the
City Council's control rather than a subset of those revenues. It also recognizes decisions by the City
Council to dedicate some of these same revenues to City and School priorities outside of the formula
discussed herein. This Policy seeks to rectify some of the concerns with the past formula by linking City
funding to the School directly to the State Standards of Quality ("SOQ") which periodically takes into
account changes in student enrollment, true property value, adjusted gross income, taxable retail sales,
and population.
2. Definitions:
2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools.
2.2. "Schools" refer to the Virginia Beach City Public Schools.
2.3. "Local Tax Revenues" refers to all General Fund revenues generated by non -dedicated local taxes: real
estate (less dedications such as the FY 2013 dedication for Schools and road construction, the Outdoor
Initiative, the Agricultural Reserve Program, and the Recreation Centers); Personal Property; General
Sales; Utility; Utility -Consumption; Virginia Telecommunications; Business License (BPOL); Cable
Page 1 of 6
Franchise; Cigarette (less dedication for Economic Development Incentive Program (EDIP); Hotel
Room; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on
Wills.
2.4. "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State
law to support specific projects or programs. Examples of dedicated local taxes that are excluded from
this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services
Districts Revenues; the FY 2013 dedications to Schools (4 cents of the real estate tax) and
Transportation (2 cents of the real estate tax); taxes that represent "net -new revenues" and are
required to be redirected or are the basis for the calculation of an incentive payment as part of a
public-private partnership approved by City Council; taxes established to support Open Space;
Agricultural Reserve Program; Recreation Centers; Outdoor Initiative; Economic Development
Incentive Program; Tourism Advertising Program; Tourism Investment Program; referendum related
taxes; and taxes used to support the BRAC project. A more complete discussion of such dedications is
found at page 60 of the Executive Summary in the FY 2013 Budget and pages 1-39 and 1-40 of the FY
2013 Operating Budget.
2.5. "Net -new Revenues" as used in Section 2.4 means public-private partnership revenues generated by a
project (or property) that exceed the Local Tax Revenues prior to the public-private partnership.
2.6. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and
the Schools.
2.7. "Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each
year for the upcoming fiscal year beginning July 1.
2.8. "Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive
Annual Financial Report (CAFR).
2.9. "School Reversion Funds" refers to unused expenditure appropriations and end of the year
adjustments to the Revenue Sharing Formula revenues based on actual collections.
2.10. "Discretionary Local Match" refers to the funding level set by the Revenue Sharing Formula and the FY
2013 real estate tax dedication.
2.11. "Required Local Match" refers to the City funding required by the SOQ.
3. Procedure to Calculate the Revenue Sharing Formula:
3.1. Initial Estimate
3.1.1. In October, Management Services will provide an estimate of local tax revenue for the upcoming
fiscal year.
Page 2 of 6
3.1.2. The Required Local Match calculation - Using the SOQ for each of the State Biennial years,
Management Services will deduct this amount from the projection of Local Tax Revenues and set
it aside as the first step.
3.1.3. Discretionary Local Match calculation — The Discretionary Local Match has two components: the
formula component and the FY 2013 four cent real estate dedication.
3.1.3.1. The formula component: Management Services will then allocate to Schools 32.37% of
the remaining Local Tax Revenues.
3.1.3.2. The FY 2013 dedication component: In FY 2013 Operating Budget the City Council
increased the real estate tax rate by four cents and dedicated it to the Schools' Operating
Budget. This dedication amount will be added back to the Discretionary Local Match. This
dedication shall exist until such time as the State restores funding for education to the
average level provided from FY 2006 to FY 2012 of $350 million (net of School facility
funds) The City Council has directed the City Manager to recommend, as a part of the
City's Proposed Operating Budget, reductions in whole or in part to the four cents real
estate dedication in an amount roughly equal to the increased State funding above $350
million (per annum) as reflected by a decrease in the local composite index below the
current FY 2013 level of 0.4110.
3.1.4. The combination of the required local match and the discretionary local match shall comprise the
funding for Schools pursuant to this Policy.
3.2 Final Estimate
3.2.1. In February, Management Services will provide a final estimate of the Local Tax Revenues. This
will be the estimate included in the City's Proposed Operating Budget.
3.2.2. Required Local Match calculation - By February the final SOQ required local match should be
known from the Virginia Department of Education and this figure will be used to set aside the
first allocation of revenues.
3.2.3. Discretionary Local Match calculation - Management Services will then allocate to Schools the
formula component (32.37% of the remaining estimated Local Tax Revenues) plus the FY 2013
dedication component (four cents of the real estate tax provided no adjustments are required).
3.2.4. The combination of the Required Local Match and the Discretionary Local Match shall comprise
the total local funding of the Schools under the Revenue Sharing Formula.
3.2.5. Estimates of the revenues contained in the Revenue Sharing Formula shall be clearly presented in
the City's Operating Budget.
Page 3 of 6
4. Procedure to Request an Increase in the Discretionary Local Funding Match:
4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by
resolution that it has determined additional local funding is required to maintain the current level of
operations or to provide for additional initiatives. The School Board's resolution will provide the
following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the
purpose for the additional funding; and 4) that the School Board supports an increase in the real estate
tax (or other local tax) should the City Council determine that such a tax increase is necessary.
4.2. If the City Council determines that additional funding is warranted to maintain the current level of City
and Schools operations or to provide for additional initiatives, the City Council shall determine
appropriate action. This action may include consideration of existing dedications or alternate sources of
revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council
determines that additional tax revenues are required, City Council may adopt a tax rate increase to any
revenue stream within this formula to generate additional local tax revenue.
4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same
manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes, this
revenue will be part of the Local Tax Revenues for purposes of this Policy.
5. Actual Revenue Collections deviate from Budget Local Tax Revenues:
5.1. If, at the end of the fiscal year, the actual Local Tax Revenues exceed the budgeted amount, the
amount of excess revenue will be allocated in the same manner as similar revenues were apportioned
in the recently ended fiscal year. However, such excess revenues are subject to the City Council's
General Fund Balance Reserve Policy. If such funds are not required for the General Fund Balance
Reserve Policy, the School Board may request that such funds be appropriated at the same time as the
appropriation of reversion funds, discussed in Section 6.3, below.
5.2. If, the City, through the Manager or his designee, anticipates at any time during the fiscal year that
actual revenues will fall below budgeted revenues, the School Board, upon notification by the City
Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to
reduce expenditures in an amount equal to the School's portion of the shortfall.
6. Reversion of Formula Revenues:
6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues.
6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year
ending on June 30th (to include the accrual period) lapse into the fund balance of the City's General
Page 4 of 6
Fund. The reversion described in the preceding sentence is specific to Local Tax Revenues, and while
the appropriation to spend funds may lapse, the reversion process is not applicable to moneys in a
fund, such as the Athletic Fund, that are attributable to user fees or gate admissions.
6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation
and appropriation of funds resulting from the end of the fiscal year. This request should consider the
following:
6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and
reverted to the fund balance of the City's General Fund. See Section 6.2.
6.3.2.The use of excess funds discussed in Section 5.1.
6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the
estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt
payment exceeds estimated debt payments, the amount of Schools reversion funds will be
reduced by this difference. If actual debt is less than estimated debt payments, the amount of
Schools reversion funds will be increased by this difference.
6.3.4.The Schools' Budget Office will confer with Management Services to verify that there is sufficient
fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is
insufficient fund balance according to the Fund Balance Policy, the City Manager shall notify the
Superintendent of this condition.
6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time
purchases or to be retained according to applicable policy on the Schools Reserve Fund (Fund 098),
including School Board Policy #3-28, and City Council Ordinance # 2789F, adopted November 4,
2003.
6.3.5.1. Upon receipt of the resolution, Management Services shall prepare an ordinance for City
Council's consideration of the School Board's request at the earliest available City Council
meeting.
6.3.5.2. Following City Council's action Management Services shall notify the Schools of the City
Council's decision and shall adjust the accounting records accordingly.
7. Revision to the City/School Revenue Sharing Policy:
7.1. The Superintendent, City Manager, School Chief Financial Officer, and the City's Director of
Management Services shall meet annually to discuss changes in State and Federal revenues that
support Schools operations, any use of "one-time" revenues, and any adjustments made to existing
Page 5 of 6
revenues affecting this formula. If they determine that an adjustment is needed, the City Manager
and Superintendent will brief the City Council and School Board respectively.
7.2. City Council may revise this Policy in its discretion after consultation with the School Board.
7.3. If no other action is taken by the City Council and School Board, this Policy shall remain effective until
June 30th 2015 at which time it will be reviewed and considered for reauthorization.
Approved:
As to Content:
As to Legal Sufficiency:
Approved by School Board:
Approved by City Council:
Dr. Shelia Magula Date
Interim School Superintendent
James K. Spore
City Manager
Mark D. Stiles
City Attorney
Date
Date
Daniel D. Edwards Date
School Board Chairman
William D. Sessoms, Jr. Date
Mayor
Page 6 of 6
Item-VI-J.9a/b/c
ORDINANCES/RESOLUTIONS
-112-
ITEM #63395
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
REVISED, BY CONSENT, Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds:
a. $2,655,978 for Elementary instructional and improvement initiatives, the
Equity Affairs Office, bus and high mileage vehicle replacement, purchase of
laptops and iPads and conversion of the old Kellam High School to the
Princess Anne Middle School.
b. $175,544 for purchase of athletic equipment
c. $16,000,000 re anticipated operating budget shortfall, emergency
expenditures and fiscal emergencies
Voting.• 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
1 AN ORDINANCE TO APPROPRIATE FY 2012-
2 13 SCHOOL REVERSION FUNDS
3
4 WHEREAS, on November 19, 2013, the School Board adopted a resolution
5 requesting the City Council re -appropriate funds that lapsed and reverted at the end of
6 FY 2012-13; and
7
8 WHEREAS, the City Council held a public hearing to allow comment on this
9 ordinance because the amendment exceeds one percent of the FY2014 Operating
10 Budget;
11
12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
15 That $18,831,522 is hereby appropriated from the fund balance of the General
16 Fund in the amounts and for the purposes set forth below:
17
18 1. $396,608 to the School Operating Fund, Instructional Category, to support the
19 elementary instructional and improvement initiatives;
20 2. $1,621,000 to the School Operating Fund, Transportation category, for school
21 bus replacement;
22 3. $600,000 to the School Operating Fund, Operations and Maintenance
23 category, for the old Kellam High School conversion to Princess Anne Middle
24 School and to replace high mileage maintenance vehicles.
25 4. $25,000 to the School Operating Fund, Administration category, to support the
26 Equity Affairs Office;
27 5. $13,370 to the School Operating Fund, Technology category, to purchase
28 laptop computers and 'Pads;
29 6. $175,544 to the School Athletic Special Revenue Fund to purchase athletic
30 equipment; and
31 7. $16,000,000 to the School Reserve Special Revenue Fund to address the
32 anticipated budget shortfall in FY 2014-15 and other unanticipated
33 emergencies.
Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day
of December , 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
(),L6c-
APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Servic-. City Attor
CA12848
R-1
November 22, 2013
SACH CITY PUREIC
AHAD OF THE CU
School Board of the City of Virginia Beach
2512 George Mason Drive
P.O. Box 6038
Virginia Beach, VA 23456-0038
(757) 263-1016
www.vbschools.c omischaolboard
Sheila S. Magula, Ed.D., Interim Superintendent
KNOW
✓! V E
Daniel D. "Dan" Edwards, Chairman
District 2— Kempsville
William J. "Bill" Brunke, IV, Vice -Chairman
District 7— Princess Anne
Beverly M. Anderson, At -Large
Emma L "Em" Davis, District 5 — Lynnhaven
Dorothy M. "Dottie" Holtz, At -Large
Joel A. McDonald, District 3 — Rose Hall
Robert N. "Bobby" Melatti, At -Large
Samuel G. "Sam" Reid, District 6—Beach
Elizabeth E. Taylor, At -Large
Leonard C. Tengco, District 1— Centerville
Carolyn D. Weems, District 4— Bayside
RESOLUTION REGARDING FY 2012/13 REVERSION FUNDS
WHEREAS, On September 17, 2013, the School Board was presented with a summary of the unaudited financial
statement for FY 2012/13 on the additional revenue and expenditure savings resulting in a reversion to the City's General
Fund; and
WHEREAS, the total estimated funds available for re -appropriation are $18,831,522; and
WHEREAS, the Schools projected shortfall (funding cliff) for FY 2014/15 is $10 million, including the appropriation of
reversion funds into the Schools Special Revenue Fund shown below; and
WHEREAS, the Administration recommends the following uses for the $18,831,522 available:
• $396,608 to Fund 115, School Operating Fund Budget, Instruction Category, to support the elementary
instructional and improvement initiatives, collaborative planning, Struggling Readers Program
• $1,621,000 to Fund 115, School Operating Fund, Transportation Category, for school bus replacement (15 regular
and 4 spec. ed.)
• $330,000 to Fund 115, School Operating Fund, Operations and Maintenance Category, for the old Kellam HS
conversion to Princess Anne MS
• $270,000 to Fund 115, School Operating Fund, Operations and Maintenance Category, to replace old high mileage
workhorse supply and maintenance vehicles
• $175,544 to Fund 119, School Athletics Fund, for athletic equipment
• $25,000 to Fund 115 School Operating Fund, Administration Category to support the Equity Affairs program
• $13,370 to Fund 115 School Operating Fund, Technology Category, to purchase laptops and !Pads
• $16,000,000 to the School Reserve Special Revenue Fund to be set aside for the purpose of covering (1)
anticipated Operating Budget FY 2014/15 revenue shortfall, (2) emergency expenditures of a nonrecurring nature
that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget,
and (3) other fiscal emergencies; and
NOW, THEREFORE, BE IT
RESOLVED: That the School Board approves the recommended uses of the FY 2012/13 Reversion Funds as presented by
the Administration and that $18,831,522 be placed in the various funds and categories listed above; and be it
FURTHER RESOLVED: That the City Council appropriate the $18,831,522 to the various funds and categories specified in
the bulleted list above; and be it
FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of
the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager,
and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 19th day of November 2013
SEAL
ATTEST:
Dianne P. Alexander, Clerk of the Board
"ifiot_oe erf4A41
Daniel D. Edwards, Chairman
1 AN ORDINANCE TO ESTABLISH THE SPECIAL
2 REVENUE FUND -SCHOOL RESERVE IN THE CITY'S
3 FY 2003-04 OPERATING BUDGET AND TO
4 APPROPRIATE $448,021 OF FY 2002-03 SCHOOL
5 REVERSION FUNDS TO THIS FUND
6
7 WHEREAS, on May 6, 2003 the School Board amended School Board
8 Policy # 3-28 concerning the establishment of a reserve fund; and
9 WHEREAS, on October 7, 2003 the School Board passed a
10 resolution requesting the appropriation of $448,021 in FY 2002-03
11 school reversion funds to a reserve fund.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, Virginia:
14 1. That a new fund, known as the "Special Revenue Fund -
15 School Reserve," is hereby established in the City's accounting
16 structure.
17 2. That $448,021 of FY 2002-03 school reversion funds is
18 hereby appropriated from the fund balance of the General Fund to
19 the Special Revenue Fund -School Reserve, with estimated revenues
20 increased accordingly.
21 3. That any expenditure of funds from the Special Revenue
22 Fund --School Reserve shall require a resolution approved by eight
23 members of the School Board, as described in School Board Policy #
24 3-28, "Revenue Fund," and shall also require a subsequent
25 appropriation by the City Council to the appropriate category of
26 the School Operating Budget or capital improvement project in the
27 Capital Budget.
28 4. That additions of funds to the Special Revenue Fund -School
29 Reserve or its fund balance shall require a resolution adopted b
30 the School Board and an appropriation
ppropriation by the City Council.
31
32 Adoptedd by
33 Virginia on the the Council of of the City of Virginia Beach,
day November 2003.
CA -9037
Ordin/Noncode/Reserveord.wpd
R6 - October 30, 2003
Ap•roved as to
Approved as to Legal Sufficiency
nagemen
City Attorney's + fice
Policy 3-28 - Special Reserve .inti Page 1 of 1
School Board of the City of Virginia Beath
Policy 3-28
BUSINESS AND NONINSTRUCTIONAL OPERATIONS
Reserve Fund
A. Generally
In order to be in a better positron to respond to (r) unexpected shortfalls in state or Federal funding, (u) emergency
expenditures of a nonrecumng nature that would not have been anticipated at the time of preparation and adoption of the
School Operating Budget, or (cit) other fiscal emergencies, the board shall set aside a reserve for contingencies (hereinafter
"Reserve Fund" or "Fund") up to two (2) percent of the previous year's School Operating Budget, may be placed into this
Fund. The purpose of this policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the board's
requirement for any expenditures to be made from the Fund
B. Policy
1. The board may direct that funds from interest earned on the Reserve Fund balance, year-end reversions,
actual -over-estimated revenues, the sale of excess school property, or other sources approved by the board
and city council be used to supplement the Fund subject to the council's appropnation of these additional funds
to the board for this purpose.
2. Any expenditure of funds In the Reserve Fund shall require a resolution adopted by eight school board
members (two-thirds majonty of the members of the board) such resolution shall state the purpose(s) of the
expenditure, and the total amount to be expended.
3. Pursuant to applicable provisions of state law, the Reserve Fund must be appropriated by city council
annually as part of the school operating budget, and any funds that the board desires to be added to the Fund
dunng the fiscal year must also be appropnated by city council.
Legal Reference'
Code of Va . 8 22.1-88 Of what school funds to consist.
Code of Va.. § 22.1-94 Aopropnations by county. city or town governing body for oubhc schools
Adopted by School Board: May 6, 1997
Amended by School Board: May 6, 2003
http:/!10.90.85.47/Areas/P olicies/Section%203%20-%20Business%200perations/Article%20III%... 7/28/2003
Fact Sheet
School Reserve Funds
What is a Reserve Fund: Reserves for Contingencies are generally used within the City to
provide funding for unanticipated expenditures. The reserves are backed through the annual
appropriation of current revenue by the City Council in the budget process. The City's current
reserve for contingencies policy allows the budgeting of 112%-1 % of general fund
expenditures, but in reality only about $1.5 million is appropriated every year. A Fund. Balance
is different than the reserve for contingencies. Fund balances are not appropriated on an
annual basis, but accrue from year to year. Fund balance is backed by undesignated funds,
and current Council policy requires the General Fund balance to be 75%-100% of the
preceding year's debt service. The policy also restricts the use of fund balance to only one-
time expenditures.
What is Being Discussed: The School Board is proposing a School Reserve Fund. Based on
conversations with School's staff, the School Reserve Fund is really a Fund Balance to be
maintained at a level no greater that 2% of the previous year's School Operating Budget. The
adoption of School Board Policy 3-28, "Reserve Fund" the School Board is desiring the ability
to set aside up to 2% of the previous year's School Operating Budget into a fund balance.
Currently, the School's operating fund is prohibited from maintaining a balance.
How Could the Reserve be Built: The fund balance would be built primarily through the use
of reversion funds. Reversion funds come from three sources. 1) Unspent appropriation at the
end of the fiscal year. Unspent appropriation occurs through a number of ways, efficiency
savings, vacancy savings, and lower equipment bids than anticipated. 2) Through better than
anticipated revenue performance, revenue that was received over the estimated amount. 3)
Through the "true up" at the end of the year, where the revenue sharing formula revenues are
evaluated on an actualized basis, and any additional revenue over the estimated amount is
provided to Schools. Current Council policy is to provide all of these funds back to Schools
through the appropriation of reversion funds for expenditure within the new fiscal year. If City
Council chooses to allow a fund balance, the School Board could request a portion of the
reversion funds to be directed to the School Operating Fund Balance.
How Could the Fund Be Used: The School Board Policy does not comment specifically on
the uses, but specifies that the funds shall be maintained to respond to 1) unexpected
shortfalls in state or federal funding, 2) emergency expenditures of a nonrecurring nature that
would not have been anticipated at the time of the preparation and adoption of the School
Operating Budget, or 3) other fiscal emergencies. The policy also states that any expenditure
of these funds will require a resolution, specifically stating the purpose and amount, adopted
by eight school board members and then appropriated by City Council.
Legal Issues: Currently the state law requires that all funds not expended by the Schools will
be returned to the locality for re -appropriation as the governing body determines. In short, §
22.1-1001 states that the Schools must return unspent local funds to the City, however current
policy provides for a full reversion of those funds back to schools.
§ 221-100 Unexpended school and educational funds — All sums of money denved from the Commonwealth
which are unexpended in any year in any school division shall revert to the fund of the Commonwealth from
which denved unless the Board of Education directs otherwise All sums derived from local funds unexpended in
any year shall remain a part of the funds of the governing body appropnating the funds for use the next year, but
Fact Sheet 1
School Reserve Fund
Item -VI-K
PLANNING
-113-
ITEM #63396
1. CAH HOLDINGS, LLC/LC REALTY, LLC CONDITIONAL USE PERMIT
2. TIDEWATER NFL FLAG, LLC, W. HEYWOOD CONDITIONAL USE PERMIT
FRALIN AND KAREN H WALDRON
3. NVR, INC., d/b/a RYAN HOMES and MODIFICATION OF PROFFER
MUNDENLAND, LLC
4. CAVALIER ASSOCIATES
CHANGE OF ZONING
SPECIAL EXCEPTION
VARIANCE
5. HOME ASSOCIATES OF VIRGINIA, INC. CONDITIONAL CHANGE OF
ZONING
December 10, 2013
-114 -
Item -VI-K
PLANNING ITEM #63397
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2 and 5(INDEFINTE DEFERRAL) of the PLANNING AGENDA.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
-115 -
Item -VI-K.1
PLANNING ITEM #63398
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of CAH HOLDINGS, LLC/LC REALTY,
LLC for a Conditional Use Permit re an indoor automated car wash at 3565 Holland Road, DISTRICT 3
— ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CAH HOLDINGS, LLC/LC REALTY,
LLC for a Conditional Use Permit re an indoor automated car wash at
3565 Holland Road (portion of GPIN 1486633597) DISTRICT 3 —
ROSE HALL
The following conditions shall be required:
1. Unless modified by any condition below or as a result of development
Site Plan review, when the property is developed, it shall be in
substantial conformance with the exhibit entitled, "OVERALL PLAN OF
AUTOBELL CAR WASH," prepared by MSA, P.C., dated 05/31/2013,
which is on file in the Planning Department.
2. Unless modified by any condition below or as a result of Building Plan
Review, the design of the constructed building shall be in substantial
conformance with the exhibit entitled, "Front Elevation (Holland
Road) ", which was exhibited to the Planning Commission and is on file
with the Planning Department.
3. The design and location of the freestanding monument sign along
Holland Road shall meet all applicable Zoning regulations. A Plan
showing design, placement, colors and details for the sign shall be
submitted to the Department of Planning / Current Planning Division for
review and approval by the Planning Director prior to obtaining any
building permits.
4. No window signs or outdoor advertising banners, pennants, streamers or
other such visual devices beyond those permitted by the City Zoning
Ordinance shall be permitted on the property.
5. The subject parcel shall be legally subdivided and a plat shall be
recorded with the City of Virginia Beach Clerk of the Circuit Court.
6. The existing landscape buffer adjacent to Holland Road is to remain.
Any areas where the landscaping has deteriorated shall be replaced. A
Landscaping Plan shall be submitted with the Development Site Plan to
the City Staff Landscape Architect during the review process to
determine if additional landscaping is required.
December 10, 2013
-116 -
Item -VI-K.1
PLANNING ITEM #63398(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Two
Thousand Thirteen
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
-117 -
Item -VI-K.2
PLANNING ITEM #63399
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of TIDEWATER NFL
FLAG, LLC, W. HEYWOOD FRALIN and KAREN H. WALDRON for a Conditional Use Permit re
outdoor recreation for flag football at Shore Drive and First Court Road DISTRICT 4 — BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of TIDEWATER NFL FLAG, LLC, W.
HEYWOOD FRALIN and KAREN H. WALDRONfor a Conditional Use
Permit re outdoor recreation for flag football at Shore Drive and First
Court Road (GPIN 1479974820) DISTRICT 4 — BAYSIDE
The following condition shall be required:
1. Vehicles shall not access the lawn area from First Court Road. No
vehicles shall enter First Court Road from the lawn area.
2. A curb cut shall be installed along the existing curb of the drive -aisle
located on GPIN 14798797400000. Said curb cut shall be a minimum of
twenty-four (24) feet in width.
3. Use of the site for recreational activity shall cease at dusk.
4. The Applicant shall be permitted to display temporary signs in
accordance with Section 211(b)1 of the City Zoning Ordinance. Said
signage shall be allowed no more than thirty (30) days prior to the
season and shall be removed within no more than seven (7) days after
the season. No more than thirty-two (32) square feet of signage shall be
allowed on this site.
5. Signs promoting sponsors may be installed during organized games. Said
signage shall be oriented towards the interior of the lot and playing
fields and shall be displayed only during the games.
6. The Applicant shall submit all necessary plans and obtain all necessary
permits and inspections from the Planning Department / Permit and
Inspections Division, Health Department and Fire Department.
7. There shall be a minimum of one (1) individual at the site during all
games and practices that is First Aid and CPR certified.
8. There shall be no light poles erected or noise amplification devices used
in conjunction with this use.
9. Approval for the use of any and all shared services or amenities,
including but not limited to parking, restrooms and/or vehicular access,
from facilities located on adjacent parcels shall be demonstrated by
written agreements. Said written agreements shall be signed by the
adjacent property owner(s) and the Applicant, and shall be submitted to
the Zoning Administrator prior to the commencement of the 2014
December 10, 2013
Season.
Item -VI-K.2
-118-
PLANNING ITEM #63399(Continued)
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Two
Thousand Thirteen
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
-119 -
Item -VI-K.3
PLANNING ITEM #63400
The following individuals registered to speak:
Edward Bourdon, Attorney for Applicant, Phone: (757) 499-8971 Mr. Bourdon advised City Council the
letter received from Associated Development misrepresented the facts of this project and there has been
no opposition up until this afternoon.
Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council APPROVED,
Ordinance upon Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7
on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 Princess
Anne Road DISTRICT 7 — PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of NVR, INC. and MUNDEN LAND, LLC
for Modification of Proffer No. 7 on a Conditional Change of Zoning
(approved March 26, 2006) re exterior materials at 2076 Princess Anne
Road (GPIN 2414206672) DISTRICT 7 — PRINCESS ANNE
The following condition shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
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 Tenth day of December, Two
Thousand Thirteen
December 10, 2013
-120 -
Item -VI-K3
PLANNING ITEM #63400(Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
-121-
Item-VI-K.4a/b/c
PLANNING ITEM #63401
The following individuals registered to speak:
R.J. Nutter, Attorney for Applicant, Phone: (757) 687-7502 Mr. Nutter advised this project came as a
concept to preserve the Cavalier Hotel and, fortunately for the City, is successful thus far. The project
will create homes similar to the ones in the East Beach Community. The developer began the Community
Outreach Program shortly after being selected by the Court and continues to work with surrounding
Civic Leagues and residents. A website was created and has been up and running since October. This
project will offer high quality, multifunctional homes with multigenerational uses. Some of the homes are
priced in the $350,000 range. This project is a win/win for everyone involved.
Joe DaBiero, 2809 Atlantic Avenue, Phone: (757) 428-5370, President of the Virginia Beach Hotel and
Motel Association, expressed concern over the parking
Brian Murden, 417 Goodspeed Road, Phone: (757) 428-3726, current President of the North End Civic
League. The group agrees with the project and is pleased that after working with the developer the
parking was increased and he agrees that this is a win/win for everyone.
Fred Auckamp, 3928 oak Ridge Circle, Phone: (757) 425-7358, spoke in SUPPORT. Judge Auckamp
had concerns regarding setbacks and easements but after meeting with Mr. Nutter and Mr. Frye, most of
his concerns were addressed. Judge Auckamp stated the developer has done exactly what he said he
would do and he is pleased thus far.
Rob Nicholson, 104 43rd Street, Phone: (757) 621-1224, expressed concern regarding parking
Bernice Pope, 214 44th Street, Phone: (757) 343-8666, President of Historic Cavalier Shores Civic
League, stated the group supports the project but wants to ensure the neighbors are protected. Mrs. Pope
would like a commitment from the developers to work with the Cavalier Advisory Committee.
Vince Olivieri, 216 43rd Street, Phone: (757) 422-6556, stated the parking issue is significant and
expressed concern, specifically during the Summertime.
Steve Burwell, 310 45`x' Street, Phone: (757) 650-2667, Treasurer of the Historic Civic League Shores,
expressed concern regarding the small roads in place and now being used as a cut-thru. Mr. Burwell
would like to see additional studies as he feels there is already a traffic problem will only increase with
this project.
Mac Rawls, 612 Thalia Road, Phone: (757) 463-2423, Chairman of the Hotel Cavalier Task Force,
appointed 8 months ago. The Task Force recommended the City offer incentives in order to save the
hotel and, as a result of those incentives, was able to preserve the Hotel. The Developer is putting a lot of
money into this project and it seems to be a win/win for everyone involved.
Sam Brown, is totally in favor of this project. East Beach raised the real estate bar in Norfolk and he
feels this project will do the same for Virginia Beach. Mr. Brown would like for an Advisory Committee
to be established to deal with any future concerns or complaints regarding parking.
Michael Lahiglin, Jr., 332 Cavalier Drive, Phone: (757) 348-9639, expressed concern regarding parking
and does not want Cavalier Shores being "thrown under the bus ".
Elizabeth Witt, 308 Cavalier Drive, Phone: (757) 428-0080, expressed concern regarding parking.
December 10, 2013
-122-
Item-VI-K.4a/b/c
PLANNING ITEM #63401(Continued)
Upon motion by Council Lady Wilson, seconded by Councilman Davis, City Council APPROVED,
Ordinance upon Applications of CAVALIER ASSOCIATES DISTRICT 6 - BEACH
a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront
Resort District re a residential community
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form -
Based Code.
c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and 4200
Pacific Avenue
1. With the exception of any modifications required by any of these conditions or as a
result of Development Site Plan Review, the layout of the site shall be substantially as
shown on the submitted Plan entitled "Illustrative Master Plan, Exhibit 2, Village at
The Cavalier on the Hill," dated 10-01-2013. Said Plan has been exhibited to the
City Council and is on file in the Department of Planning.
2. Development of the Site, including the types of dwelling units, the design elements of
the dwellings, dimensional requirements and permitted land uses, shall be regulated
by the document entitled, "Land Use and Development Standards for the Village at
The Cavalier on the Hill," which is attached hereto. Said document has been
exhibited to the City Council and is on file in the Department of Planning.
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
Council Members Abstaining:
Mayor William D. Sessoms, Jr.,
December 10, 2013
WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0050837
City of Virgirzi i I beach
December 10, 2013
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
wsessoms0vbgov.com
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E)
Dcar Mrs. Fraser:
Pursuant to the State and Local Government Conflict of lnterests Act, I make the following
declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Cavalier Associates for a change of zoning, a special exception,
and a variance.
2. I have a personal interest in this transaction because I am an officer of Towne
Financial Services, which is an affiliate of TowneBank and is located at 600 22nd
Street in Virginia Beach. TowneBank is providing the applicant with financing for
this project.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Mrs. Ruth Hodges Fraser -2- December 10, 2013
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E)
Thank you for your assistance and cooperation in this matter.
William D. Sessoms
Mayor
WDS/RRI
-123 -
Item -VI-K.5
PLANNING ITEM #63402
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED
INDEFINITELY, BY CONSENT, Application of HOME ASSOCIATES OF VIRGINIA, INC. for a
Conditional Change of Zoning from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian
River Road DISTRICT 7 - PRINCESS ANNE
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
December 10, 2013
-124 -
ITEM VI -L
APPOINTMENTS ITEM #63403
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HISTORIC PRESERVATION COMMISSION
RESORT ADVISORY COMMISSION
TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
December 10, 2013
-125 -
ITEM VI -L
APPOINTMENTS ITEM #63404
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DEE OLIVER
MICHAEL A. INMAN
Four Year Term 01/01/2014 —12/31/2017
PLANNING COMMISSION
Voting: 9-1
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor
William D. Sessoms, Jr., James L. Wood and Rosemary Wilson
Council Members Voting Nay:
John D. Moss
Council Members Absent:
John E. Uhrin
December 10, 2013
-126 -
Item -VI-0
ADJOURNMENT ITEM #63405
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 8:22 P.M.
Chief Deputy City Clerk
uth Hodges raser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
December 10, 2013