HomeMy WebLinkAboutAUGUST 4, 2015 MINUTES CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL rf'N'$EAc
MAYOR WILLIAM D.SESSOMS,JR.,At-Large
VICE MAYOR LOUIS R.JONES,Bayside-District 4 04� ►— ` j
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M.BENJAMIN DAVENPORT,At Large 9
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ROBERT M.DYER,Centerville-District I
BARBARA M.HENLEY,Princess Anne-District 7 '
SHANNON DS KANE,Rose Hall-District 3 /
JOHN D.MOSS,At Large E.�
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AMELIA ROSS-HAMMOND,Kenzpsville-District 2 oN�ss
JOHN E.UHRIN,Beach-District 6 F ue up�.t�"
ROSEMARY WILSON,At-Large
JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING
2401 COURTHOUSE DRIVE
CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005
CITY MANAGER-JAMES K.SPORE PHONE:(757)385-4303
CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5669
CITY ASSESSOR JERALD D.BANAGAN
CITY AUDITOR-LYNDON S.REMIAS 4 August 2015 E-MAIL:Ctycncl@vbgov.com
CITY CLERK RUTH HODGES FRASER,MMC g
MAYOR WILLIAM D. SESSOMS,JR.
PRESIDING
I. CITY COUNCIL LIAISON REPORTS - Conference Room- 4:30 PM
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room- 5:00 PM
A. CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Rob Robertson, Pastor
Charity United Methodist Church
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 July 14, 2015
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATIONS - RESOLUTIONS
1. SENATOR JEFFREY McWATERS
Senator and Mrs. McWaters
2. CIRQUE du SOLEIL KOOZA
Sean Brickell, Brickell and Partners Public Relations
I. PUBLIC HEARINGS
1. EXCESS PROPERTY
a. 1081 Norfolk Avenue—M&K Investments, LLC
b. Princess Anne and Landstown Center Way-VBDA
J. ORDINANCES
1. Ordinances to AMEND the City Code:
a. Section 7-66 re designation of City highways for Golf Cart operation in the Lago Mar and
Chubb Lake neighborhoods
b. Section 10-1 to only change the name of the Bonney voting precinct from Holland Road
Baptist Church to Discovery Church
2. Resolution re ISSUANCE through the Development Authority(VBDA) of up to $85,000,000 in
Series 2015 Residential Care Facility Mortgage Bonds and Refunding Bonds issued in 2005,
2009 and 2011 for Westminister-Canterbury of Hampton Roads, Inc.
3. Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City Manager to
execute the necessary documents to convey 1081 Norfolk Avenue to M & K Investments I, LLC
4. Ordinances to ACCEPT and APPROPRIATE Grant Funds:
a. $93,750 from the Department of Criminal Justice, including matching funds, re the Juvenile
Sex Offender Treatment Program and continue one FTE
b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for EMS and Fire
K. PLANNING
1. Applications in DISTRICT 7—PRINCESS ANNE of:
a. PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to
I-1 Industrial District re an access roadway to a bulk storage yard
b. BT HOLDINGS III,LLC for a Conditional Change of Zoning from AG-1 and AG-2
Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage
Yard at Harpers Road and Dam Neck Roads:
RECOMMENDATION: APPROVAL
2. Applications of WAVE CHURCH for Modification of Conditional Use Permits re installation of
Modular Classroom Units at:
a. 2665 Seaboard Road
DISTRICT 7 - PRINCESS ANNE
b. 1000 North Great Neck Road
DISTRICT 5 —LYNNHAVEN
RECOMMENDATION: APPROVAL
3. GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re Auto Repair at
416 Davis Street
DISTRICT 2—KEMPSVILLE
RECOMMENDATION: APPROVAL
4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION,INC.
for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational
Resort Community at 3665 S. Sandpiper Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
5. EUROTECH SERVICE CENTER, LLC and THE BANK OF HAMPTON ROADS for a
Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania Avenue
DISTRICT 4 - BAYSIDE
RECOMMENDATION: APPROVAL
6. AMEND Section 901 of the City Zoning Ordinance (CZO) to add Group Homes as a Conditional
Use in the B-4 Mixed Use District.
RECOMMENDATION: APPROVAL
L. APPOINTMENTS
AGRICULTURAL ADVISORY COMMISSION
BEACHES and WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD—CSB
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
PARKS and RECREATION COMMISSION
THE PLANNING COUNCIL
PUBLIC LIBRARY BOARD
REVIEW and ALLOCATION COMMITTEE - COG
TIDEWATER COMMUNITY COLLEGE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
WORKFORCE HOUSING ADVISORY BOARD
M. UNFINISHED BUSINESS
1
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
********************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
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8/4/15 st
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 4, 2015
Mayor William D. Sessoms, Jr., called to order Reports of City Council Liaisons, in the City Council
Conference Room, Tuesday, August 4, 2015, at 4:30 P.M.
Council Members Present:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William
D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin
Council Members Absent:
Robert M. Dyer Business appointment
John D. Moss running late
August 4, 2015
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CITY COUNCIL
LIAISON REPORTS
ITEM#65065
4:30 P.M.
Council Lady Ross-Hammond advised she attended the recent Department of Human Services meeting
and congratulated Danette Smith—Director,for her innovative efforts to improve the Protective Services.
She created a Strategic Governance Team in an effort to improve communication in and outside of the
Human Services Department. They held the first meeting this past Friday. Ms. Smith was recently
featured on WAVY 10 regarding her efforts and the City's improvements to the Department. The case
loads have been reduced to a maximum of eight(8)per Case Manager. The key to the improvements has
been her asking Staff"what would you do for your family?"and this has had a tremendous positive effect
on the Department.
August 4, 2015
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CITY COUNCIL
LIAISON REPORTS
ITEM#65066
Council Lady Henley advised the Green Ribbon Committee has been very active lately. They have
restructured and created sub-committees and expect to have recommendations soon. This past year's
Legislative Agenda included three (3) items that made progress; however, they were not adopted and
those items should be placed on this year's Legislative Agenda.
August 4, 2015
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CITY COUNCIL
LIAISON REPORTS
ITEM#65067
Council Lady Henley met with Clay Bernick and Calvin Jackson regarding the Green Seas/Blueway
Management Plan. Since City Council adopted the Plan, the Currituck County Commissioners and
Chesapeake City Council adopted the Plan as well. The Plan will move forward with an implementation
strategy and offers many great opportunities.
August 4, 2015
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CITY COUNCIL
COMMENTS
ITEM#65068
4:37P.M.
Council Lady Henley advised she just learned the regulations regarding the location of tattoo parlors are
pretty restrictive. She suggested Staff review the regulations and provide feedback on possible
amendments.
August 4, 2015
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CITY COUNCIL
COMMENTS
ITEM#65069
Councilman Dyer asked to add an item to City Council Comments. He advised he had accepted an award
on behalf of the City from the AAU Junior Olympic Games. He advised he would provide more details
regarding the award at a future meeting.
August 4, 2015
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AGENDA REVIEW SESSION
4:39 P.M.
ITEM#65070
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES
1. Ordinances to AMEND the City Code:
a. Section 7-66 re designation of City highways for Golf Cart operation in the
Lago Mar and Chubb Lake neighborhoods
b. Section 10-1 to only change the name of the Bonney Voting Precinct from
Holland Road Baptist Church to Discovery Church
2. Resolution re ISSUANCE through the Development Authority (VBDA) of up to
$85,000,000 in Series 2015 Residential Care Facility Mortgage Bonds and
Refunding Bonds issued in 2005, 2009 and 2011 for Westminster-Canterbury of
Hampton Roads, Inc.
3. Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City
Manager to execute the necessary documents to convey 1081 Norfolk Avenue to
M&Klnvestments I,LLC
4. Ordinances to ACCEPT and APPROPRIATE Grant Funds:
a. $93,750 from the Department of Criminal Justice, including matching funds, re
the Juvenile Sex Offender Treatment Program and continue one FTE
b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for
EMS and Fire
August 4, 2015
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AGENDA REVIEW SESSION
ITEM#65070
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K PLANNING
1. Applications in DISTRICT 7—PRINCESS ANNE.:
a. PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20
Residential District to I-1 Industrial District re an access roadway to a bulk
storage yard
b. BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and
AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use
Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads
2. Applications of WAVE CHURCH for Modification of Conditional Use Permits re
installation of Modular Classroom Units at:
a. 2665 Seaboard Road
DISTRICT 7 -PRINCESS ANNE
b. 1000 North Great Neck Road
DISTRICT 5—LYNNHAVEN
3. GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re
Auto Repair at 416 Davis Street DISTRICT 2—KEMPSVILLE
4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM
ASSOCIATION, INC. for a Conditional Use Permit to comply with the City's
Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper
Road DISTRICT 7 -PRINCESS ANNE
5. EUROTECH SERVICE CENTER, LLC and THE BANK OF HAMPTON
ROADS for a Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania
Avenue DISTRICT 4-BAYSIDE
6. AMEND Section 901 of the City Zoning Ordinance (CZO) to add Group Homes as
a Conditional Use in the B-4 Mixed Use District.
ITEM#1b SHALL BE AMENDED TO ADD CONDITION
ITEM#4 SHALL BE AMENDED BY MODIFYING CONDITION#2
August 4, 2015
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ITEM#65071
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:
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—Arena
Executive Search Firm
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Beach District
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
August 4, 2015
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ITEM#65071
(Continued)
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to
proceed into CLOSED SESSION at 4:22 P.M.
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
John D. Moss arrived just after the Vote
(Closed Session 4:22 P.M. - 5:58 P.M.)
August 4, 2015
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 4, 2015
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,August 4, 2015, at 6:00 P.M
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond attending "National Night Out"
INVOCATION: Reverend Rob Robertson, Pastor
Charity United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank 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 Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. 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 identify 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
January 13, 2015, is hereby made a part of the record.
August 4, 2015
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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 Berkshire
Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway 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 identing 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 January 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly
review each City Council agenda to identify any matters in which she might have an actual or potential
conflict. If during her review of an agenda, she identifies a matter in which she has a `personal
interest", as defined by the Act, she 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. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
August 4, 2015
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Item—V-E
CERTIFICATION
ITEM#65072
Upon motion by Councilman Dyer, seconded by Council Lady Kane, 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:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 .-01', --"N., 141.
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OF OUR NR''ON
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#65071 Page 10, 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.
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R Hodges Fraser,MMC
City Clerk August 4,2015
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Item -V-F
MINUTES ITEM#65073
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of July 14,2015.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
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ADOPT AGENDA
FOR FORMAL SESSION ITEM#65074
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 4, 2015
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Item V—H.1
MAYOR'S PRESENTATION ITEM#65075
SENATOR JEFFREY Mc WATERS
Senator and Mrs.Mc Waters
Mayor Sessoms introduced Senator and Mrs. Mc Waters and presented a Resolution congratulating
Senator Mc Waters for his entrepreneurship, his citizenship and his leadership. The Virginia Beach City
Council is thankful for his counsel and work on the City's behalf and as a Virginian and declared the:
Fourth Day of August, 2015, is recognized as SENATOR JEFFREY Mc WATERS DAY.
Senator McWaters expressed his appreciation to City Council for their support. He feels City Council
has the hardest job in America and feels the City owes thanks and support to Council. He expressed his
appreciation to City Manager Spore, advised it has been a pleasure working with him and excited to see
what the future holds for him.
August 4, 2015
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RESOLUTION . .
: Senator Jeffrey L. 911cWaters is a Kentucky native,who worked his way through the`University of
Kentucky,and is a very successful entrepreneur,and
7fe is president and CEO of"value Options'and one of the founders of Amerigroup, a company
which grew from a garage space to eventually become a'Fortune 300 Corporation;and
: Amerigroup's 7feadquarters are in Virginia Beach and employed over 1,700 before it was absorbed by
Anthem,Inc.;and
1.0frg rE • Senator McWaters has been a proud resident of Virginia Beach for marry years;and
`Gif7(E Jeff Mc'Waters was erected to the Senate of Virginia si'cyears ago toBout the term of Senator7CCn
Stolle;and
7fe was re-erectedfora fuflfouryear term in 2011;and
Senator 911c`Waters has gone on to serve with distinction in the oldest, continuous legislative body in
the New World;and
ryyjEE rg : 7fe has been a defender of businesses,the environment,taxpayers and the City of Virginia Beach;and
[rE g . 7fe also introduced the ban of the use of plastic bags, which are shown to be injurious to the
environment;and
,W}trE rE : Jeff 911cWaters is a tafentedpercussionist and singer with the band"Guava Jam;"and
'40-PEWS: Jeff 9HcWaters has served as Vice 1 actor of the College of William and Mary,and was a founder of
'Trinity Church in Virginia Beach;and
7fe worked both in front of and behind the scenes to protect and advance the needs of the City of
Virginia Beach;and
Senator 911CWaters has decided not to run for re-election in the 2015 General Election.
s
tor Jeffrey
NOW ER'Eis entrepreneurship,
BE u7 rR hOL`NE ,aandhis leadership.t the Virginia 'The CityCouncil-
Beach City Council isrthan�or
Mc`Wa tens for his entrepreneurship, citizenship,
his counsefanti workon the City's behalf,and as a Virginian;
BE i7'FUVWE'R SOL (D: 'That the'Fourth day of August 2015 is recognized as:
Senator Jeffrey McWaters Day
Given under our hands and seat this'Fourth day ofA.ugust,'Two Thousand'Fifteen
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-17-
Item V—H.2
MAYOR'S PRESENTATION ITEM#65076
CIRQUE du SOLEIL ----KOOZA DAY
Sean Brickell, Brickell Partners Public Relations
Ron Kellum, Artistic Director
Mayor Sessoms introduced Sean Brickell and Ron Kellum and presented them a Resolution recognizing
Cirque du Soleil for its creative thinking and foresight to see a dream become reality in presenting this
unique and professional entertainment venue in Virginia Beach where history meets the sea and
continues to establish legacies for its almost one-half million citizens, this making it the "best city in the
world". The Virginia Beach City Council declared the:
Eighth Day of August, 2015, is recognized as
CIRQUE du SOLEIL---KOOZA DAY
Mr. Kellum, on behalf of the artists and the company, expressed it has been a privilege to be in Virginia
Beach. The hospitality shown the artists has been remarkable from the travel and tourism board to the
local citizens. He advised the show is only making three (3) stops in the United States before heading to
South America and eventually to Australia. He thanked City Council for their support of this show and,
most importantly, support for the Arts.
Mr. Brickell also expressed his appreciation to the City Council and the entire City of Virginia Beach for
their support.
August 4, 2015
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SOL LI I ION
WHEREAS: KpOZA is the premiere Cirque du Soleil production in'Virginia Beach_ 'The show has been
viewed around the world by more than 4-Million people in almost fifty[50]cities,in twelve[12]countries and
on three[9]continents;
WHEREAS: The cast and crew of more than one hundred twenty[120]come from eighteen[18]different
countries. During their stay, they are occupying more than four thousand[4,000]hotel rooms in'Virginia
Beach;
'j {E` 5: Cirque du Soleil is truly one of the world's most attended and loved entertainment programs.
More than 155-Millwn fans have enjoyed the Cirque du Soleilperformance since 1984,including 15- i[lion in
2014;
WHEREAS: Cirque du Soleilhas not received any grants from the public nor private sector since 1992;
WHEREAS: 4000ZA's yellow and blue Big Top seats almost twenty-five hundred[2,500]spectators in a
climate-controlled environment that is fifty-six[56]feet tall and one hundred sixty-four[164]feet in diameter.
Appros]mately sixty-five[65]very large trucks were mercer(to bring everything to Virginia Beach;
WHEREAS: During7OOOZAs engagement in'Virginia Beach,jobs have been created with more than one
hundred twenty [120J focal people employed to help with ticketing, seating, janitorial services and
administration;
WHEREAS:S: 'While in Virginia Beach,7000ZA reties on local suppliers for many essentials such as food,
bio-dieselfuer,machinery,food and beverage supplies for patrons, banking services,delivery services,recycling
and waste management—thereby injecting a significant amount of money into our local economy;and
WHER.AS: With the month of performances scheduled,KOOZA is the longest-running tenant in the
history of the'Virginia Beach Convention Center.
NO11), D[E_RE[FOSE, BE IT RESOLVED: That the'Virginia Beach City Council pause in its
deliberations to recognize CIRQUE du SOLEIL for its creative thinking and foresight to see a dream
become reality in presenting this unique and professional.entertainment venue in Virginia Beach where history
meets the sea and continues to establish legacies for its almost one-half Million citizens, thus making it the
"best city in the world".
BE ITJZ1RAXEQR E SOL' ED: That Saturday,August Eighth,Two Thousand Fifteen be known
and celebrated as:
CIRQUE du SOL EIL---(OOZA DAY
r D
,,,,
/AL AIPP derie4:erAb;.0"l, iff 0 a— 14 ii,., I '
�,m�� on Conr!?. "406"Vyer CounciCLady Bar6ara7fenley 1
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ill�
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AA-a I.4g.''`'.- -- --7,`m,
Cow a` Sli nnon'1(ane Coy c-/
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Coufmtlman lo fin G.Vfirin' Conn '!Lady 12,osema 1- o• -- Dulledmai,9a es L.'Wood
4-ice 2layorLouis W, ones 2layor'tl1illiam(D. "1,117rSessoms
-18-
Item V—Ll a
PUBLIC HEARING ITEM#65077
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS PROPERTY
a. 1081 Norfolk Avenue—M&K Investments, LLC
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
August 4, 2015
-19-
Item V—I.Ib
PUBLIC HEARING ITEM#65078
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS PROPERTY
a. Princess Anne and Landstown Center Way- VBDA
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
August 4, 2015
-20-
ADD ON ITEM#65079
Upon Motion by Councilman Wood, seconded by Vice Mayor Jones, City Council APPROVED the
request to ADD to the Consent Agenda:
Resolution directing the award of a contract for a City Manager Search Firm
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-21-
Item -V-J
ORDINANCES
ITEM#65080
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Agenda Items la/b, 2, 3, 4a/b and 5 (which is the ADD ON).
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-22-
Item -V-J.1 a
ORDINANCES
ITEM#65081
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
a. Section 7-66 re designation of City highways for Golf Cart operation in
the Lago Mar and Chubb Lake neighborhoods
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 AN ORDINANCE TO AMEND SECTION 7-66
2 OF THE CITY CODE PERTAINING TO
3 DESIGNATION OF CITY HIGHWAYS FOR
4 GOLF CART OPERATION; POSTING OF
5 SIGNS
6
7 SECTION AMENDED: § 7-66
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby
13 amended and reordained to read as follows:
14 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs.
15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize
16 by ordinance, the operation of golf carts on designated public highways within the
17 City after (i) considering the speed, volume, and character of motor vehicle traffic
18 using such highways, and (ii) determining that golf cart operation on particular
19 highways is compatible with state and local transportation plans and consistent with
20 the Commonwealth's statewide pedestrian policy. No City highway shall be
21 designated for use by golf carts if such golf cart operations will impede the safe and
22 efficient flow of motor vehicle traffic, or if the highway's posted speed limit is greater
23 than twenty-five (25) miles per hour.
24 (b) All requests made to have specific highways designated for golf cart use shall be
25 directed to the Traffic Engineering Office of Public Works.
26 (c) Any City highway designated for golf cart operations shall be posted with signs
27 indicating this designation. The organization, individual or entity requesting a
28 highway designation allowing golf cart operations shall reimburse the City its actual
29 cost for the installation and continued maintenance of such signs.
30 (d) The following City streets located in the specified neighborhoods are approved for
31 golf cart operation in accordance with the provisions of this Article:
32
33 (1) Heron Ridge Estates - Couples Court, Heron Ridge Lane, Heron Ridge Drive,
34 Lynx Drive, Lynx Court, and Ryan Court;
35
36 (2) Chubb Lake West of Pleasure House Road - Beaufort Avenue, West Chubb
37 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 Blocks),
38 Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe Lane,
39 Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford Point,
40 Bayview Avenue, Guv Avenue, Ocean View Avenue (4900 Block), Lee Avenue
41 (4800 Block), Zivo Court and Lake Drive (4800 Block);
42
11
43 (3) Lago-Mar - Atwoodtown Road, Costa Grande Drive, Camino Real South,
44 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta Court,
45 Granada Court, San Jose Court, San Miguel Court, Sevilla Court, Acapulco
46 Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande Court, Pinon
47 Court, Corrente Lane, Escorial Court, La Mirage Court, Los Conaes Way,
48 Trevino Court, Rio Bravo Bend, Santiago Point, Toledo Place, Infanta Circle,
49 Costa Grande Drive, Malaga Lane, Malaga Court, Alcon Court, Soria Circle,
50 Tres Lane, Vaso Court, Toro Court, Amigo Court, Tono Court, Los Colonis
51 Drive, Las Brisas Drive, Baja Court, Sonora Court, Morado Court, La Tierra
52 Court, La Tierra Circle, Las Corrales Court, Brasileno Drive, Brasileno Court,
53 Valiente Court, Esquiana Court, Verano Court, Verano Circle, Belleza Court,
54 Torero Court, Entrada Drive, Ranchero Road, Cordova Court, San Marco
55 Road, San Marco Circle and San Marco Court.
56 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day
57 of August , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
P. Pt-. � .PA
Public Works City Y
Attorne ' fficC e
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CA13168
R-3
July 7, 2015
1
-23-
Item -V-J.lb
ORDINANCES
ITEM#65082
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
b. Section 10-1 to only change the name of the Bonney Voting Precinct
from Holland Road Baptist Church to Discovery Church
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY
2 CODE TO RENAME THE POLLING PLACE FOR THE
3 BONNEY PRECINCT
4
5 SECTION AMENDED: § 10-1
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 10-1 of the City Code is hereby amended and reordained, to read as
11 follows:
12
13 Sec. 10-1. Establishment of precincts and polling places.
14
15 There are hereby established in the city the following precincts and their
16 respective polling places, as set forth below:
17
18 Precinct Polling Place
19
20 Alanton Alanton Elementary School
21 Aragona Bayside Sixth Grade Campus
22 Arrowhead Arrowhead Elementary School
23 Avalon Woodstock Elementary School
24 Baker Ebenezer Baptist Church
25 Bayside Bayside Elementary School
26 Bellamy Salem Middle School
27 Blackwater Blackwater Fire Station
28 Bonney
29 Discovery Church
30 Brandon Brandon Middle School
31 Brookwood Plaza Annex
32 Buckner Green Run Baptist Church
33 Cape Henry Research and Enlightenment Building (Edgar
34 Cayce Library)
35 Capps Shop Back Bay Christian Assembly
36 Centerville Centerville Elementary School
37 Chesapeake Beach Bayside Baptist Church
38 Chimney Hill Congregation Beth Chaverim
39 College Park College Park Elementary School
40 Colonial Colonial Baptist Church
41 Colony Lynnhaven Colony Congregational Church
42 Corporate Landing Corporate Landing Middle School
43 Courthouse Courthouse Fire Station
44 Creeds Creeds Fire Station
45 Cromwell Salem United Methodist Church
46 Culver Ocean Lakes High School
47 Dahlia Green Run High School
48 Dam Neck Corporate Landing Elementary School
49 Davis Corner Bettie F. Williams Elementary School
50 Eastern Shore Eastern Shore Chapel
51 Edinburgh St. Aidan's Episcopal Church
52 Edwin Kempsville Middle School
53 Fairfield Kempsville Presbyterian Church
54 Foxfire Kemps Landing/Old Donation School
55 Glenwood Glenwood Elementary School
56 Great Neck All Saints Episcopal Church
57 Green Run Green Run Elementary School
58 Haygood Haygood United Methodist Church
59 Hillcrest Village Church Hilltop Freedom Fellowship
60 Church
61 Holland Holland Elementary School
62 Homestead Providence Presbyterian Church
63 Hunt Princess Anne Recreation Center
64 Independence Water's Edge Church
65 Indian Lakes Indian Lakes Elementary School
66 Indian River San Lorenzo Spiritual Center
67 Kings Grant St. Nicholas Catholic Church
68 Kingston King's Grant Presbyterian Church
69 Lake Christopher New Covenant Presbyterian Church
70 Lake Joyce Morning Star Baptist Church
71 Lake Smith Bayside Church of Christ
72 Landstown Landstown Community Church
73 Larkspur St. Andrews United Methodist Church
74 Lexington Larkspur Middle School
75 Linkhorn Virginia Beach Community Chapel
76 Little Neck Lynnhaven United Methodist Church
77 London Bridge London Bridge Baptist Church
78 Lynnhaven Tidewater Area Christian Fellowship
79 Magic Hollow Virginia Beach Moose Family Center
80 Malibu Malibu Elementary School
81 Manor Providence Elementary School
82 Mt. Trashmore Windsor Woods Elementary School
83 Newtown Good Samaritan Episcopal Church
84 North Beach Galilee Episcopal Church
85 North Landing Hope Haven
86 Ocean Lakes Ocean Lakes Elementary School
87 Ocean Park Bayside Community Recreation Center
88 Oceana Scott Memorial United Methodist Church
89 Old Donation Calvary Baptist Church
90 Pembroke Pembroke Elementary School
91 Pinewood Lynnhaven Presbyterian Church
92 Plaza Lynnhaven Elementary School
93 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex
94 Point O'View Kempsville Church of Christ
95 Red Wing Fraternal Order of Police, Lodge #8
96 Rock Lake Salem Elementary School
97 Rosemont Forest Rosemont Forest Elementary School
98 Roundhill Salem High School
99
100 Rudee Virginia Beach Volunteer Rescue Squad
101 Building
102 Seatack Mount Olive Baptist Church
103 Shannon Church of the Ascension
104 Shelburne Christopher Farms Elementary School
105 Shell Unity Church of Tidewater
106 Shelton Park Shelton Park Elementary
107 Sherry Park St. Matthews Catholic Church
108 Sigma Red Mill Elementary School
109 South Beach Contemporary Art Center of Virginia
110 Stratford Chase Community United Methodist Church
111 Strawbridge Strawbridge Elementary School
112 Tallwood Tallwood Elementary School
113 Thalia Thalia Elementary School
114 Thoroughgood Independence Middle School
115 Timberlake White Oaks Elementary School
116 Trantwood Virginia Beach Christian Church
117 Upton Three Oaks Elementary School
118 Village Thalia Lynn Baptist Church
119 Windsor Oaks Windsor Oaks Elementary School
120 Witchduck Bayside Presbyterian Church
121 Wolfsnare Virginia Beach Christian Life Center
122 Central Absentee Voter AgricultureNoter Registrar Building
123 Precinct
124
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th
day of August , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
4 SUFFICIENCY:
/ ,„---
1.,AC.d. _ d ' ow-- -- ,) '4
Voter R-gistrar City A r- ' •"ce
CA13405
R-1
July 16, 2015
-24-
Item -V-J.2
ORDINANCES
ITEM#65083
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT: Resolution re ISSUANCE, through the Development Authority (VBDA), of up to
$85,000,000 in Series 2015 Residential Care Facility Mortgage Bonds and Refunding Bonds issued in
2005, 2009 and 2011 for Westminster-Canterbury of Hampton Roads, Inc.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 RESOLUTION OF THE CITY COUNCIL OF THE
2 CITY OF VIRGINIA BEACH, VIRGINIA, ON THE
3 ISSUANCE OF UP TO $85,000,000 OF REVENUE
4 BONDS BY THE CITY OF VIRGINIA BEACH
5 DEVELOPMENT AUTHORITY FOR THE BENEFIT
6 OF WESTMINSTER-CANTERBURY OF HAMPTON
7 ROADS, INC.
8
9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority")
10 has approved the application of Westminster-Canterbury of Hampton Roads, Inc. (the
11 "Organization"), a Virginia non-stock, not-for-profit corporation, requesting that the
12 Authority issue up to $85,000,000 of its revenue bonds in one or more series at one
13 time or from time to time (the "Bonds") to assist the Organization with:
14
15 (a) financing certain capital improvements at the Organization's
16 continuing care retirement community (the "Community") located at 3100 Shore
17 Drive, Virginia Beach, Virginia 23451, including, but not limited to the (i)
18 completion and equipping of the unfinished space on the fourth floor of the
19 Organization's existing four-story healthcare center (the "Hoy Center") to add
20 approximately 9,342 square feet of finished space, (ii) the renovation,
21 improvement and equipping of the existing finished space in the Hoy Center,
22 which upon completion will continue to be a 95-bed nursing healthcare facility,
23 (iii) the construction, renovation, improvement and equipping of a 2,400 square
24 foot expansion of the Organization's Wellness Center, which is located on the
25 first floor of the Community's West Tower and (iv) the financing of the costs of
26 routine and ongoing capital expenditures for the Community, including
27 information technology infrastructure, technology improvements, equipment
28 related to the foregoing two items, window replacement and repair, apartment
29 renovations, improvements and replacement, upgrades and expansion of
30 existing equipment and buildings and other capital outlays related to the existing
31 Community;
32
33 (b) refunding all or a portion of the outstanding principal amount of the
34 Authority's (i) Residential Care Facility Mortgage Refunding Revenue Bonds
35 (Westminster-Canterbury of Hampton Roads, Inc.), Series 2005 (the "Series
36 2005 Bonds") originally issued by the Authority for the purpose of refunding the
37 Authority's outstanding Residential Care Facility Mortgage Revenue Bonds,
38 Series 1999A (the "Series 1999A Bonds"), which were originally issued to
39 finance a portion of the Organization's costs to construct, renovate and equip a
40 new 14-story residential wing and to substantially renovate the Community, (ii)
41 Residential Facility Revenue and Refunding Bond (Westminster-Canterbury of
42 Hampton Roads, Inc.), Series 2009 (the "Series 2009 Bond"), which was
43 originally issued to refund the Authority's Residential Care Facility Mortgage
44 Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.),
45 Series 2004B, which were originally issued to refund the Authority's Residential
46 Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of
47 Hampton Roads, Inc.) Series 1993, which were originally issued to refund prior
48 bonds of the Authority that financed capital improvements at the Community and
49 (iii) Residential Care Facility Mortgage Revenue Bond (Westminster-Canterbury
50 of Hampton Roads, Inc.) Series 2011 (the "Series 2011 Bond" and collectively,
51 with the Series 2005 Bonds and the Series 2009 Bond, the "Refunded Bonds"),
52 which was originally issued to finance certain capital improvements to and
53 renovations of the Community; and
54
55 (c) financing costs of issuance incurred in connection with the
56 refunding of the Refunded Bonds and the issuance of the Bonds (collectively, the
57 "Plan of Finance").
58
59 WHEREAS, the Authority held a public hearing on July 21, 2015;
60
61 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended
62 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of
63 private activity bonds and over the area in which any facility financed with the proceeds
64 of private activity bonds is located must approve the issuance of the bonds;
65
66 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach,
67 Virginia (the "City"), the facilities to be financed and refinanced with the proceeds of the
68 Bonds are located in the City and the City Council of the City of Virginia Beach, Virginia
69 (the "Council"), constitutes the highest elected governmental unit of the City;
70
71 WHEREAS, the Authority has recommended that the Council approve the Plan of
72 Finance and the issuance of the Bonds; and
73
74 WHEREAS, a copy of the Authority's resolutions approving the issuance of the
75 Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a
76 Fiscal Impact Statement have been filed with the Council.
77
78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
79 OF VIRGINIA BEACH, VIRGINIA:
80
81 1. The Council approves the issuance of the Bonds, in an aggregate
82 principal amount up to $85,000,000, by the Authority for the benefit of the Organization,
83 solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the
84 Code of Virginia of 1950, as amended, to permit the Authority to assist in accomplishing
85 the Plan of Finance.
86
87 2. The approval of the issuance of the Bonds does not constitute an
88 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the
89 Plan of Finance or the Organization. In accordance with Chapter 643 of the Acts of
90 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or
2
91 a pledge of the faith and credit or taxing power of the Commonwealth or any political
92 subdivision thereof, including the Authority and the City.
93
94 3. This resolution shall take effect immediately upon its adoption.
95
96 Adopted by the Council fo the City of Virginia Beach, Virginia, on 4th day of
97 August , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
r' Ae"›.1. />
Economic Development City Attorney
CA13231
\\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D021\P019\00224392.DOC
R-1
July 23, 2015
3
'r'
1 ?
VIRGIN A BEACH
July 21, 2015
The Honorable William D. Sessoms, Jr., Mayor
Members of City Council
Municipal Center
Virginia Beach,Virginia 23456
Re: Westminster-Canterbury Residential Care Facility Mortgage Revenue Bonds
Dear Mayor Sessoms and Members of Council:
We submit the following in connection with the request of Westminster-Canterbury of
Hampton Roads, Inc.'s application for the issuance of residential care facility mortgage revenue
bonds in the amount of$85,000,000 for the project located at 3100 Shore Drive,Virginia Beach,
Virginia.
1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of
the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach
Development Authority's(the"Authority's")resolution recommending Council's approval is
attached as Exhibit C.
2. The Disclosure Statement is attached as Exhibit D.
3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a
benefit for the City of Virginia Beach and its recommendation that the City Council approve the
bonds described above is attached as Exhibit E.
4. The Fiscal Impact Statement is attached as Exhibit F.
5. A summary sheet setting forth the type of issue, and identifying the project and the
principals of the applicant is attached as Exhibit G.
6. A letter from the Department of Economic Development commenting on the project is
attached as Exhibit H.
Very truly yours,
yam...„1.... 61--. 1.,...:
Assistant Secretary
/AWS
Enclosures
4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464
i
EXHIBIT A
NOTICE OF PUBLIC HEARING TO (o)refund all or a portion of the
BE HELD BY THE outstanding principal amount of the
CITY OF VIRGINIA BEACH Authority's (i) Residential Care Facility
MortgageRefunding bu Revenue Bonds
DEVELOPMENT AUTHORITY
(Westminster-Canterbury Hampton Roads,
ON THE ISSUANCE OF Inc. Series 2005 (the 'Series 2005
UP TO 000 000 OF ITS Bonds")originally issued by the Authority fa
REVEE BONS the purpose of refunding the Authority's
FOR THE BENEFIT OF outstardirrg Residential Care Fociityy
INESTMINSTERCANTERBURY OF Revenue Bonds, Series 1
(the were
were
HAMPTON ROADS,INC. (the 'Series 1999A Bonds'), which
originay issued to finance a portion of the
OrganizErtion's costs to construct renovate
notice is hereby given that the Croy of and equip a new 14-story residential wing
Virginia Beach Development Authority (the and to substantially renovate the
'Authority') whose address is 4525 Main Community. (ii) Residential Facility Revenue
Street, Suite 700. Virginia Beach. Virginia and Refunding Bond
23462. will hold a public hearing on the (WestminsterCanterbury of Hampton Roads,
application and plan of financing of Inc.). Series 2009the 'Series 2009
Westminster-Canterbury of Hampton Roads. Bond').which was originally issued to refund
inc. (the 'Organization'), whose principar the Aut �•s. Residential Care Facility
place of business is 3100 Shore Drive. Mortgage(lefundir€ Revenue Bonds
Virginia Beach, Virginia 23451. requesting (WestmnsterCanterbury of Hampton Roads,
the Authority issue up to 185,000.000 of its inc.). Series 20048, which were aiginally
resenue bonds (the Bords'1. in one or issued to refund the Authority's Resdentel
more series at one time or from tine to Care facility Mortgage finding Revenue
Bonds time.the proceeds of which will be loaned to (WestminsterCant of Hampton
the Organuatien to: Roads, Inc.) Series 1993. which were
originally issued to refund prior bonds of the
(a)fnance certain capital Authority that financed capital improvements
improvements at the Organizations at the Community and (iii) Residential Care
cortnuirg mare retirement community (tate Facility Mortgage Revenue Bond
'Community")located at 3100 Shore Drive. (WeslmnsterCanterbuy of Hampton Roads,
Virginia Beach. Virginia 23451. including. inc.)Series 2011 (the 'Series 2011 Bond'
but not limited to the (i) completion and and collectively.with the Series 2005 Bonds
equipping of the unfinished space on the and the Series 2009 Bond, the 'Refunded
fourth floor of the Organization's existing Bonds'), which was originally issued to
four-story Healthcare center (the 'Hoy finance certain capital improvements to and
Center')to add approximately 9,342 square renovations of the Conrrunty:and
feet of finished space, (ii) the renovation,
improvement and equipping of the existing (c)finance costs of issuance incurred
finished space in the Hoy Center. which in connection wrth the refunding of the
completion will continue to be a Refunded Bonds and the issuance of the
upon
noosing healthcare facility, (iii) the Bonds(collectively.the'Plan of Finance").
construction, renovation, improvement arc The issuance of the Bonds as requested by
equipping of a 2,400 square foot expansion the Organization will not constitute a debt or
of the Organization's Wellness Center.whichpledgemof the faith and beet of the
is located on the fist floor of the Comonwealth of Virginia. the Authority or
Community's West Tower and (iv) the the City of Virginia Beach, Virginia, but wiil
financing of the costs of routine and ongoing be payable solely from revenues derived
capital expenditures for the Community. from the Organization and pledged therefor
including information technology and neither the faith and credit nor the
irtfrastructure. technology improvement s, taxing power of the Commonwealth of
equipment related to the foregoing two Virginia or any political subdivisions.
items, window replacement and repair. rrcluding the Authority or the City of Virginia
apartment renovations. improvements and Beach.Virginia,is pledged to the payment of
replacement, iapeades and expansion of the Bonds The Authority has no taxing
existng equipment and buildings and other power.
capital outlays related to the existing
Community: The public hearing.which may be continued
or adpumed. will be held at 8:30 a.m. on
Tuesday,July 21,2015,before the Authority
and in the Authority's offices located at
4525 Main Street, Suite 700. Virginia
Beach. Virgnia 23462. Arty person
interested in the issuance of the Bonds or
the Plan of Finance may appear at the
hearing and present his or her views. A copy
of the Organization's afpleation may be
inspected at the Authority's office at the
address stated above during business
hours_
Cityof Vfrawia Beach
Development Authority
VP July 7.& 14,2015 24707767
EXHIBIT B
EXHIBIT B
Summary of Statements
Representatives of Westminster-Canterbury of Hampton Roads, Inc. appeared before the
Authority to describe the project and the proposed bond issue. No one appeared in opposition to
the proposed bond issue.
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
AUTHORIZING THE ISSUANCE OF UP TO $85,000,000 OF
REVENUE BONDS FOR THE BENEFIT OF
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
WHEREAS, the City of Virginia Beach Development Authority, a political subdivision
of the Commonwealth of Virginia (the "Authority"), is empowered by Chapter 643 of the Acts of
Assembly of 1964, as amended (the "Act"), to issue its revenue bonds to protect and promote the
health and welfare of the inhabitants of the Commonwealth of Virginia by assisting in the
financing and refinancing of medical facilities and facilities for the residence or care of the aged,
owned and operated by organizations which are exempt from federal income taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code");
WHEREAS, the Authority has received a request from Westminster-Canterbury of
Hampton Roads, Inc., a Virginia non-stock, not-for-profit corporation (the "Organization"),
requesting that the Authority issue its revenue bonds, in one or more series at one time or from
time to time, to assist the Organization with:
(a) financing certain capital improvements at the Organization's continuing
care retirement community (the "Community") located at 3100 Shore Drive, Virginia
Beach, Virginia 23451, including, but not limited to the (i) completion and equipping of
the unfinished space on the fourth floor of the Organization's existing four-story
healthcare center (the "Hoy Center") to add approximately 9,342 square feet of finished
space, (ii) the renovation, improvement and equipping of the existing finished space in
the Hoy Center, which upon completion will continue to be a 95-bed nursing healthcare
facility, (iii) the construction, renovation, improvement and equipping of a 2,400 square
foot expansion of the Organization's Wellness Center, which is located on the first floor
of the Community's West Tower and (iv) the financing of the costs of routine and
ongoing capital expenditures for the Community, including information technology
infrastructure, technology improvements, equipment related to the foregoing two items,
window replacement and repair, apartment renovations, improvements and replacement,
upgrades and expansion of existing equipment and buildings and other capital outlays
related to the existing Community;
(b) refunding all or a portion of the outstanding principal amount of the
Authority's (i) Residential Care Facility Mortgage Refunding Revenue Bonds
(Westminster-Canterbury of Hampton Roads, Inc.), Series 2005 (the "Series 2005
Bonds") originally issued by the Authority for the purpose of refunding the Authority's
outstanding Residential Care Facility Mortgage Revenue Bonds, Series 1999A (the
"Series 1999A Bonds"), which were originally issued to finance a portion of the
Organization's costs to construct, renovate and equip a new 14-story residential wing and
to substantially renovate the Community, (ii) Residential Facility Revenue and Refunding
Bond (Westminster-Canterbury of Hampton Roads, Inc.), Series 2009 (the "Series 2009
Bond"), which was originally issued to refund the Authority's Residential Care Facility
Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.),
Series 2004B, which were originally issued to refund the Authority's Residential Care
Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton
68246727_4
Roads, Inc.) Series 1993, which were originally issued to refund prior bonds of the
Authority that financed capital improvements at the Community and (iii) Residential
Care Facility Mortgage Revenue Bond (Westminster-Canterbury of Hampton Roads,
Inc.) Series 2011 (the "Series 2011 Bond" and collectively, with the Series 2005 Bonds
and the Series 2009 Bond, the "Refunded Bonds"), which was originally issued to finance
certain capital improvements to and renovations of the Community; and
(c) financing costs of issuance incurred in connection with the refunding of
the Refunded Bonds and the issuance of the Bonds (collectively, the "Plan of Finance").
WHEREAS, such assistance will benefit the inhabitants of the City of Virginia Beach,
Virginia (the "City") and the Commonwealth of Virginia, either through the increase of their
commerce or through the promotion of their safety, health, welfare, convenience or prosperity;
WHEREAS, preliminary plans for the Plan of Finance have been described to the
Authority and a public hearing has been held as required by Section 147(f) of the Code and
Section 15.2-4906 of the Code of Virginia of 1950, as amended;
WHEREAS, the Organization has represented that the estimated cost of undertaking the
Plan of Finance will require an issue of revenue bonds in the aggregate principal amount not to
exceed $85,000,000;
WHEREAS, (a) no member of the Board of Commissioners of the Authority is an officer
or employee of the City, (b) each member has, before entering upon his duties during his or her
present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of
Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter,
including the date hereof, all of the members of the Board of Commissioners of the Authority
have satisfied the residency requirements of the Act; and
WHEREAS, to the best of the Authority's knowledge, no member of the Board of
Commissioners of the Authority has any personal interest or business interest in the Organization
or the bonds or has otherwise engaged in conduct prohibited under the Conflict of Interests Act,
Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended, in connection with this
resolution or any other official action of the Authority in connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the Plan of Finance will be in the public
interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the
Commonwealth of Virginia, the City and their citizens and in particular will promote the
providing of health care facilities and other facilities for the residence and care of the aged in
accordance with their special needs.
2. The Authority hereby agrees to assist the Organization in undertaking the Plan of
Finance by issuing its revenue bonds in an aggregate principal amount not to exceed $85,000,000
upon terms and conditions mutually agreeable to the Authority and the Organization. The bonds
-2-
will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in
one or more series at one time or from time to time.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the Plan of Finance, and the planning therefor, the Authority agrees that the
Organization may proceed with the Plan of Finance, enter into contracts for land, construction,
materials and equipment for the Project, and take such other steps as it may deem appropriate in
connection with the Plan of Finance, provided, however, that nothing in this resolution shall be
deemed to authorize the Organization to obligate the Authority without its consent in each
instance to the payment of any moneys or the performance of any acts in connection with the
Plan of Finance. The Authority agrees that the Organization may be reimbursed from the
proceeds of the bonds for all expenditures and costs so incurred by it,provided such expenditures
and costs are properly reimbursable under the Act and applicable federal laws.
4. At the request of the Organization, the Authority approves McGuireWoods LLP,
Richmond, Virginia, as Bond Counsel in connection with the issuance of the Bonds.
5. All costs and expenses in connection with the undertaking of the Plan of Finance,
including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the
Organization or, to the extent permitted by applicable law, from the proceeds of the bonds. If for
any reason such bonds are not issued, it is understood that all such expenses shall be paid by the
Organization and that the Authority shall have no responsibility therefor.
6. The Authority recommends that the governing body of the City approve the
issuance of the bonds for the purpose of undertaking the Plan of Finance.
7. No bonds may be issued pursuant to this resolution until such time as the issuance
of the bonds has been approved by the governing body of the City.
8. This resolution shall take effect immediately upon its adoption.
-3-
CERTIFICATE
The undersigned Secretary of the City of Virginia Beach Development Authority (the
"Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a
resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called
and held on July 21, 2015, in accordance with law, and that such resolution has not been
repealed, revoked, rescinded or amended but is in full force and effect on the date hereof
WITNESS the following signature and seal of the Authority this Z�day of \. ,
2015.
Secretary V Y
City of Virginia B Developme Authority
-4-
EXHIBIT D
DISCLOSURE STATEMENT
Date: July 22, 2015
Applicant: Westminster-Canterbury of Hampton Roads, Inc.
All Owners
(if different from Applicant): None
Type of Application: $85,000,000 Residential Care Facility Mortgage Refunding
Revenue Bond, Series 2015 to provide owner financing for
capital improvements to the health care center and wellness
center and general capital replacement needs at Westminster-
Canterbury's Facility located at 3100 Shore Drive in Virginia
Beach, Virginia and $60,000,000 to refund existing long-term
bond debt initially issued by the Virginia Beach Development
Authority to finance and refinance other capital projects at
Westminster-Canterbury's facility
1. The Applicant is a Virginia corporation.
2. The Applicant is the owner of the Project.
3. The current officers and trustees of Applicant are listed on the attached
Schedule A.
WESTMINSTER-CANTERBURY OF HAMPTON
ROADS, INC.
By4 •
General
1-1342176.1
I li i
BOARD OF TRUSTEES OF
WESTMINSTER-CANTERBURY OF HAMPTON ROADS,INC.
Term
Trustees Expires Occupation
Howard P.Kern,Chairman 1/2016 President&COO,Sentara Healthcare
Robert W.McFarland,Vice- 1/2018 1 Attorney,McGuireWoods LLP
Chairman
Suzanne Puryear,Secretary 1/2019 President,Norfolk Planning Council
George L.Compo,Treasurer 1/2017 President,Compo Construction Company
Or.Townsend Brown,Jr. 1/2019 Dentist
The Rev.Harold J.Cobb,Jr. 1/2016 Rector,Grace Episcopal Church
The Rev.Frances D.Dille 1/2017 Chaplain,Bon Secours Maryview Medical Center
Dr.William T.Greer,Jr. 1/2017 President,Virginia Wesleyan College
Peter M.III 1/2018 President&CEO,Resite Online
Dennis G.Manning 1/2019 Headmaster,Norfolk Academy
John Y.Pearson 1/2019 Attorney,Retired
Jane Cady Rathbone 1/2018 President&CEO,Hanbury Evans Wright Vlattms+Co
•
Martha Sims 1/2016 Retired Director,Virginia Beach Public Libraries
Timothy J.Stiffler 1/2018 President,Commonwealth Lodging
Alvin A.Wall 1/2017 CPA,Wall,Einhorn&Chernitzer,PLC
Or.David B.Young 1/2016 Physician,Retired
Ex-Officio
The Rt.Rev.Herman Hollerith Bishop,Episcopal Diocese of Southern Virginia,Norfolk,VA
•
The Rev.Liza Hendricks General Presbyter,Presbytery of Eastern Virginia
Portsmouth,VA
Westminster-Canterbury of Hamptpn Roads Foundation. The Foundation was
incorporated on December 22, 1992, as a not-for-profit Virginia nonstock corporation,the sole
member of which is Westminster-Canterbury. The Foundation was born out of a desire to
significantly increase the ability of Westminster-Canterbury to provide fellowship assistance to
qualified individuals. Westminster-Canterbury transferred all moneys in its Fellowship Fund to ttte
Foundation in 1993 and has subsequently provided financial assistance to its residents through the
Foundation. The Foundation is a Member of the Obligated Group. The audited consolidated
financial statements of Westminster-Canterbury provided in an appendix to this RFP include the
Foundation's operating results and financial position for the years ended September 30,2014 and
2013. As of September 30, 2014 the Foundation had total assets of approximately$12.3 million
and maintains an investment policy which emphasizes preservation of assets and long-term growth
of principal. Under the current investment policy, the asset allocation allows equities to range
from 60-70%and fixed income from 30-40%.
The Foundation, managed by a Board of Directors appointed by the Board of Trustees of
Westminster-Canterbury, is a supporting tax-exempt organization that will underwrite partial
expenses of current and prospective residents who need assistance and who have been approved
by the admitting staff and the Admissions Committee of Westminster-Canterbury.
in addition to serving as a vehicle for private and corporate giving, the Foundation also
advises Westminster-Canterbury's Board of Trustees as to whether the mission of Westminster-
Canterbury to provide fellowship assistance to eligible candidates is being sufficiently
communicated to its constituencies,and if not,what steps could be taken to further enhance the
community's understanding of Westminster-Canterbury's purpose and ministry as it pertains to the
fellowship program.
The Foundation's Board also advises Westminster-Canterbury's Board of Trustees of any
developments in the local community that could impact the ministry of Westminster-Canterbury
and on any actions and policies that may be needed to further implement appropriate fundraising
procedures.
Management. The Board of Trustees delegates the day-to-day operations to the
management team headed by the President. The President implements the policies of the Board
through delegation and supervision of the staff. Key members of the management team are:
J. Benjamin Unkle, Jr. is President/CEO of Westminster-Canterbury. Prior to joining
Westminster-Canterbury Mr.Unkle was Senior Vice President of Western Operations for Erickson
Retirement Communities, a national leader in senior housing and health care. Mr. Unkle had
leadership responsibility for eight continuing care retirement communities in that position. Prior to
joining Erickson,Mr.Unkle practiced law with OLA Piper(formerly Piper&Marbury]headquartered
in Baltimore,Maryland. He has a B.A.degree in Government&Politics and earned his Juris Doctor,
with honors,from the University of Maryland.
Daniel J.Nimon,Vice President,Resident and Health Services,leads the development and
delivery of Resident and Health Services to the independent, assisted living and nursing home
constituencies of Westminster-Canterbury. Mr.Nimon has worked in the healthcare field for over
30 years and has been a Licensed Nursing Home Administrator for over 25 years. During his career
Mr.Nimon has served in a variety of health care settings as Administrator or Executive Director. He
received his BS in Human Services Administration from New Hampshire College,Manchester,New
Hampshire and became a Certified Assisted Living Administrator in 2001.
I
Joseph F.Belvedere,Jr.is Chief Financial Officer and Assistant Treasurer. Prior to joining
Westminster-Canterbury, Mr. Belvedere was Vice President of Finance in charge of the financial
aspects of the community services organization (Home Health, Hospice, Adult Day Centers,
Transportation,and other community-based programs)at Ohio Presbyterian Retirement Services,
Ohio's largest non-profit provider of retirement services.
During his six-year tenure at OPRS,this community-based services organization doubled in
size and became well-known nationally for service quality and financial stability. Prior to OPRS,Mr.
Belvedere worked in progressing financial positions at The Goodyear Tire & Rubber Company
(Financial Analysis,Investor Relations,Corporate Accounting)and LimitedBrands,Inc.(Bath&Body
Works,Victoria's Secret, Express and other retail brands—Store Design&Construction and Fixed
Asset Accounting). Mr. Belvedere has a BSBA and MBA from the University of Akron,accredited
business school.
Nancy King is the Vice President of Operations for Westminster-Canterbury at Home,LIC.
She has 30 years of experience in senior living,home and community based services,with start-up
and/or operating experience for 13 home care and hospice agencies in three states. She served as
Chair of the LeadingAge Home and Community Services Cabinet.
EXHIBIT E
A
VIRGINIA BEACH
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$85,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2015
The City of Virginia Beach Development Authority (the "Authority") recommends
approval of the above-captioned financing. Westminster-Canterbury of Hampton Roads, Inc.'s
residential facilities continue to promote industry, commerce and trade within the City of
Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to
remain current in meeting new market demands for its services, maintain its substantial
employment census, increase its revenues and add to the City's economic tax base.
4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464
EXHIBIT F
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: July 7, 2015
To the City Council of the City of Virginia Beach, Virginia
Virginia Beach, Virginia
Applicant: Westminster-Canterbury of Hampton Roads, Inc. (the "Organization")
Facility/ The financing of improvements to the Hoy Center to finished the 4"' story and
Plan of improve and equip the other floors, expanding the Wellness Center and refunding
Finance: certain existing debt of the Organization.
1. Maximum amount of financing sought $85,000,000
2. Estimated taxable value of the facility's real property to be constructed in $10,480,000
the locality.
3. Estimated real property tax per year using present tax rates. $808,983
4. Estimated personal property tax per year using present tax rates. $82,238
5. Estimated merchants' capital tax per year using present tax rates. N/A
6. (a) Estimated dollar value per year of goods that will be purchased from $9,058,480*
Virginia companies within the locality
(b) Estimated dollar value per year of goods that will be purchased from $3,480,864*
non-Virginia companies within the locality
(c) Estimated dollar value per year of services that will be purchased $6,329,756*
from Virginia companies within the locality
(d) Estimated dollar value per year of services that will be purchased $1,874,311*
from non-Virginia companies within the locality
7. Estimated number of regular employees on year round basis. 411.8 FTEs
8. Average annual salary per employee. $35,608
* Amounts shown are based on the Organization's purchases for the community generally because
the proceeds of the proposed bonds include certain new money projects as described above and the
refunding of certain of the Organization's existing debt that was used to finance and refinance
various components of its community.
Chair
City of Virg' is Beach Development Authority
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Westminster-Canterbury of Hampton Roads, Inc.
2. LOCATION: 3100 Shore Drive,Virginia Beach,Virginia 23451
3. DESCRIPTION OF PROJECT: (i) The renovation and expansion of the third floor
of Westminster-Canterbury's existing four-story
health care center to add additional private rooms,
remodel semi-private to private rooms on the third
floor of the health care center and a refurbishment
of all common areas in that building; (ii) the
renovation and expansion of Westminster-
Canterbury's wellness center; (iii) general capital
improvements to the entire Westminster-Canterbury
facility with emphasis on technology infrastructure
and technology improvements and equipment,
window replacement and repair and apartment
renovations and (v) the refunding of Series 2005
bonds, 2009 bond and 2011 bond, which were
issued by the Virginia Beach Development
Authority to refinance other capital projects at
Westminster-Canterbury's Facility to achieve debt
service savings.
4. AMOUNT OF BOND ISSUE: $85,000,000
5. PRINCIPALS: Episcopal Diocese of Southern Virginia and
Presbytery of Eastern Virginia, Presbyterian Church
(USA)
6. ZONING CLASSIFICATION:
a. Present zoning classification
the Property: B-4
b. Is rezoning proposed: Yes No XX—
c. If so, to what zoning classification:
I-1342174.1
EXHIBIT H
1:41-11
VIRGINIA BEACH
ECONOMIC DEVELOPMENT
July 21, 2015
Mrs. Elizabeth "Boo"A. Twohy
Chair
Virginia Beach Development Authority
4525 Main Street, Suite 700
Virginia Beach, VA 23462
Re: Westminster-Canterbury of Hampton Roads, Inc.
Dear Boo:
The Department of Economic Development concurs with the issuance of Series 2015 Mortgage
Revenue and Refunding Bonds in an amount not to exceed $85,000,000 for Westminster-
Canterbury of Hampton Roads, Inc.
The issuance of these bonds by the Authority will provide a public benefit to the inhabitants of
the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of
prosperity and will provide a public benefit to the City by, among other things, ensuring the
availability of modern and efficient medical services, special care and secure living
accommodations for the elderly in accordance with their special needs.
These funds will finance completion and equipping of the unfinished and finished healthcare
center(the "Hoy Center"); construction, renovation, improvement and equipping the expanded
Organization's Wellness Center; and financing routine and ongoing capital expenditures such as
information technology infrastructure, window replacement and repair, apartment renovations
and upgrades, etc.
I will be happy to answer any questions you may have.
Sincerely,
CVA
Mark R. Wawner
Project Development Coordinator
/lla
4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894
-25-
Item-V-J.3
ORDINANCES
ITEM#65084
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT: Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City Manager to
execute the necessary documents to convey 1081 Norfolk Avenue to M&KInvestments I,LLC
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 AN ORDINANCE DECLARING 5,021 SQ. FT. OF
2 PROPERTY, LOCATED AT 1081 NORFOLK
3 AVENUE, TO BE IN EXCESS OF THE CITY'S
4 NEEDS AND AUTHORIZING THE CITY MANAGER
5 TO EXECUTE THE DOCUMENTS NECESSARY TO
6 CONVEY THE PROPERTY TO M & K
7 INVESTMENTS I, LLC
8
9 WHEREAS, the City of Virginia Beach (the "City") acquired certain real property
to consisting of two (2) parcels and containing 5,334 sq. ft. located at 1081 Norfolk Avenue
11 (GPINs: 2417-54-3201 and 2417-54-2185), (the "Original Parcels");
12
13 WHEREAS, the City acquired the Original Parcels from Mary E. Parsons on May
14 11, 2005 for the Birdneck Road Project (CIP 2-149) (the "Project"), utilizing
15 approximately 313 sq. ft. of the Original Parcels to widen the right-of-way, and the
16 remaining acreage being 5,021 sq. ft. (the "Property");
17
18 WHEREAS, the Project is now complete, and City Council is of the opinion that
19 the Property is in excess of the needs of the City of Virginia Beach;
20
21 WHEREAS, M & K Investments I, LLC ("M & K"), desires to acquire the Property,
22 and combine it with the adjoining parcel located at 1091 Norfolk Avenue, for use as an
23 additional buffer as well as for parking and a delivery area;
24
25 WHEREAS, the Virginia Department of Transportation has approved the sale of
26 the Property on the condition that such proceeds be deposited into a transportation
27 related project;
28
29 WHEREAS, the Department of Public Works will deposit the proceeds from the
30 sale of the Property into CIP 2-025: Witchduck Road — Phase II; and
31
32 WHEREAS, City Council has determined that M & K's proposed use is an
33 appropriate use for the Property.
34
35 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA:
37
38 That the Property is hereby declared to be in excess of the needs of the City of
39 Virginia Beach and that the City Manager or his designee is hereby authorized to: 1)
40 execute any documents necessary to convey the Property to M & K Investments I, LLC,
41 in accordance with the Summary of Terms attached hereto as Exhibit A, and made a
42 part hereof, and such other terms, conditions or modifications as may be acceptable to
43 the City Manager and in a form deemed satisfactory by the City Attorney; and 2) deposit
44 the proceeds of the sale of the Property into CIP 2-025: Witchduck Road — Phase II.
45
46 This ordinance shall be effective from the date of its adoption.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
49 of August , 2015.
CA-13216
R-1
PREPARED: 7/21/15
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
W .t 03 _ tedlAA)-77) ,i/t)
PU:LIC WORKS, REAL ESTATE CITY ATTORNEY 2
1. 2I"r
EXHIBIT A
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY - 1081 NORFOLK AVENUE
SELLER: City of Virginia Beach
PURCHASER: M & K Investments I, LLC, a Virginia limited liability corporation
PROPERTY: 1081 Norfolk Avenue (GPINs: 2417-54-3201 and 2417-54-2185)
(The "Property")
SALE PRICE: $50,000.00
CONDITIONS OF SALE:
• Property will be purchased "As Is, Where Is."
• Property is currently zoned R-7.5 and will need to be rezoned to
accommodate shopping center use, at the Buyer's expense.
• Property shall be resubdivided at the Buyer's expense in order
to eliminate interior lot lines for GPINs: 2417-54-3201, 2417-54-
2185 and 2417-54-0166.
• No residential uses shall be allowed on the Property.
• The Buyer may use the Property as additional buffer for the
adjoining parcel, for parking, and a delivery area for loading and
unloading, and for no other purpose.
• Buyer shall submit a site plan for review and approval by the
Planning Department prior to any construction.
• Buyer shall deposit with City the amount of Two Thousand Five
Hundred Dollars ($2,500.00) upon execution of the Purchase
Agreement.
• Virginia Department of Transportation has conditioned that the
proceeds must be deposited into a transportation-related
project.
• The Department of Public Works will deposit the proceeds from
the sale of the Property into CIP 2-025: Witchduck Road —
Phase II.
-26-
Item -V-J.4a
ORDINANCES
ITEM#65085
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds:
a. $93,750 from the Department of Criminal Justice, including matching
funds, re the Juvenile Sex Offender Treatment Program and continue
one FTE
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO CONTINUE THE JUVENILE SEX OFFENDER
3 TREATMENT PROGRAM, TO AUTHORIZE ONE GRANT
4 FUNDED FTE, AND TO TRANSFER FUNDS FOR THE
5 LOCAL MATCH
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
10 1. $46,875 is hereby accepted from the Virginia Department of Criminal Justice
11 Services and appropriated, with estimated federal pass-through revenue increased
12 accordingly, to the FY 2015-16 Operating Budget of the Department of Human Services for
13 a Juvenile Sex Offender Treatment program; and
14
15 2. $46,875 is hereby transferred within the FY 2015-16 Operating Budget of the
16 Department of Human Services to provide the local match; and
17
18 3. One full-time grant-funded MH/MR Clinician III (1.0 FTE) is approved in the
19 FY 2015-16 Operating Budget for the Department of Human Services, provided, that this
20 position is conditioned upon continued grant funding.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of August 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
:udget and�'anagement Services City-Attu y' Office
CA13406
R-1
July 17, 2015
-27-
Item -V-J.4b
ORDINANCES
ITEM#65086
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds:
b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades
for EMS and Fire
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS AND TO TRANSFER FUNDS FOR
3 THE PURCHASE OF CARDIAC MONITOR
4 UPGRADES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1) $47,220 is hereby accepted from the Virginia Department of Health, Office
10 of Emergency Medical Services, and appropriated, with estimated state revenues
11 increased accordingly, to the FY 2015-16 Operating Budget of the Department of
12 Emergency Medical Services (EMS) for the purchase of cardiac monitor upgrades; and
13
14 2) $47,220 is hereby transferred from the General Fund Reserve for
15 Contingencies to the FY 2015-16 Operating Budget of the Department of Emergency
16 Medical Services to provide the local grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of August2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
yg- mg/ Awl,
' , yr 7. (
Budget and Management Services :ct;
fice
CA13404
R-1
July 14, 2015
-28-
Item -V-J.5(ADD ON)
ORDINANCES
ITEM#65087
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:Resolution DIRECTING the award of a contract for a City Manager Search Firm
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 A RESOLUTION DIRECTING THE AWARD OF A
2 CONTRACT FOR A CITY MANAGER SEARCH FIRM
3
4 WHEREAS, the City Manager has submitted a letter providing that he would be
5 retiring at the end of the year; and
6
7 WHEREAS, the City Council appoints the City Manager; and
8
9 WHEREAS, at the direction of the City Council, staff solicited proposals for a
10 contract to provide a search to fill the forthcoming vacancy in the position of City
11 Manager.
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA,
15
16 That the City Council hereby directs the award of a contract to provide a search
17 to fill the forthcoming vacancy in the position of City Manager to Springsted, Inc.,
18 through its executive recruiting component, Waters and Company.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
of August , 2015.
APPROVED AS TO LEGAL SUFFICIENCY:
Cid-*r_gx-rfey s Office
CA13408
R-1
August 4, 2015
-29-
Item—V-K
PLANNING ITEM#65088
la. PAUL S. BROWN FAMILY,LLC CHANGE OF ZONING
lb. BT HOLDINGS HI,LLC CONDITIONAL CHANGE OF
ZONING
2a. WAVE CHURCH MODIFICATION OF CONDITIONAL
2665 Seaboard Road USE PERMIT
2b. WAVE CHURCH MODIFICATION OF CONDITIONAL
1000 North Great Neck Road USE PERMIT
3. GARY COLLIER and DORIS GENEVA,LLC CONDITIONAL USE PERMIT
4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDITIONAL USE PERMIT
CONDOMINIUM ASSOCIATION,INC.
5.EUROTECH SERVICE CENTER,LLC and CONDITIONAL USE PERMIT
THE BANK OF HAMPTON ROADS
6. AMEND CITY ZONING ORDINANCE
ITEM#1 a/b WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE "AS REVISED"
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6
August 4, 2015
-30-
Item -V-K
PLANNING ITEM#65089
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Items 2a/b, 3, 4 (REVISED), 5 and 6 of the PLANNING AGENDA.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-31-
Item—V-K.la/b
PLANNING ITEM#65090
Bob Miller, 5033 Rouse Drive, a Professional Engineer, advised he is appearing in Attorney Bourdon's
stead who is unable to attend tonight's meeting. The added Condition is acceptable to the Applicant.
Michael Jarrad, 1800 Chelsey Green Drive, President of Prince George Estates Homeowner's
Association and a twenty-nine year resident of the City. Mr. Jarrad provided a Petition with over six-
hundred signatures. There are eighty-four(84) homes in Prince George Estates and they hope to protect
the family friendly atmosphere of their community from further industrial encroachment. The Zoning will
interfere with their rights as citizens and homeowners to enjoy the comfort of their residential homes.
The argument is simple: "Industrial next to residential is not compatible. " There are numerous existing
complaints with the "bulk storage yard" as noise continues to be an issue. The storage yard hosts
"biker-gang" parties. Mr. Jarrad provided photos supporting the complaint. The neighborhood is
"high-end" and he feels they deserve "high-end" economic development and not a bulk storage yard.
They feel the rezoning is NOT supported by the Master Plan, is incompatible with residential
neighborhoods and will cause additional quality of life issues for the residents.
Tracey Little spoke in opposition. Her home is located adjacent to the proposed site. It will negatively
affect her family's quality of life and property values. Should City Council approve the rezoning request,
she fears the precedent will be set and the entire area will eventually become "Industrial".
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, as
PROFFERED:
a. Application of PAUL S. BROWN FAMILY, LLC for a Change of Zoning from
R-20 Residential District to I-1 Industrial District re an access roadway to a bulk
storage yard DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of PAUL S. BROWN FAMILY, LLC for a
Change of Zoning from R-20 Residential District to I-1 Industrial
District re an access roadway to a bulk storage yard (GPIN
2405332394)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 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two
Thousand Fifteen.
AND
August 4, 2015
-32-
Item -V-K.la/b
PLANNING ITEM#65090
(Continued)
City Council APPROVED and CONDITIONED, SUBJECT TO ONE (1) YEAR APPROVAL FROM
AUGUST 4, 2015 AUGUST 3, 2016; AND, IF NO VIOLATIONS IN ONE (1) YEAR,
ADMINISTRATIVE APPROVAL WILL BE GRANTED:
b. Application of BT HOLDINGS III, LLC for a Conditional Change of Zoning
from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a
Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck
Roads DISTRICT 7-PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BT HOLDINGS III, LLC for a
Conditional Change of Zoning from AG-1 and AG-2 Agricultural to
Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk
Storage Yard at Harpers Road and Dam Neck Roads (GPIN
2405631630)DISTRICT 7-PRINCESS ANNE
The following conditions shall be required:
I. There shall be no access to the Bulk Storage yard from Dam Neck Road. Access to
the Site shall be solely from an ingress/egress easement to be recorded on the
adjacent parcel(GPIN 24053323940000).
2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor
vehicles including: cars, recreational vehicle, buses, and boats on trailers that are
licensed and operable (the trailers), including panel trucks that are not permitted to
be parked in residential communities. No storage of construction equipment shall be
permitted at this facility.
3. No equipment shall be stored other than in fully enclosed steel storage containers.
The storage containers shall be a maximum of six (6)feet in height, eight (8)feet in
width, and forty (40)feet in length. No storage containers shall be permitted to be
stacked. They must be situated on the ground or any surface material at ground level.
4. No one shall be permitted to operate a generator at any time on the property.
5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said
lighting and glare shall be deflected, shaded and focused away from adjoining
property. Any outdoor lighting fixtures shall not be erected any higher than fourteen
(14)feet.
6. No signage shall be permitted along the property line adjacent to Dam Neck Road.
7. Access to the facility shall be restricted by a gated entry containing a keypad. Access
shall be available only from 6:00 AM until 10:00 PM.
8. The storage facility shall not be used for any purpose other than the storage of
vehicles and goods as identified in Condition No. 2. No person shall be permitted to
reside at the facility and no other repair, retail or other similar business, shall be
conducted on the Site.
August 4, 2015
-33-
Item -V-K1a/b
PLANNING ITEM#65090
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two
Thousand Fifteen.
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr.,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Shannon DS Kane
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-34-
Item -V-K.2a
PLANNING ITEM#65091
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of WAVE CHURCH for Modification of a Conditional
Use Permit re installation of Modular Classroom Units at:
a. 2665 Seaboard Road
DISTRICT 7 -PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WAVE CHURCH for Modification of
a Conditional Use Permit re installation of Modular Classroom Units
at 2665 Seaboard Road (GPIN 2404606318) DISTRICT 7 —
PRINCESS ANNE
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit, granted by the City Council
on July 11, 2006, shall remain in effect.
2. The 24'x 60'Modular Structure shall be located on the Site as depicted on the Plan
entitled, "Location of Proposed 24'x60' Modular Structure for Classrooms (Wave
Church—Seaboard). "
3. The applicant shall obtain all necessary permits and inspections and a Certificate of
Occupancy from the Permits and Inspections Division of the Planning Department
prior to occupancy of the Portable Classroom Structure.
4. The Portable Classroom Structure is considered temporary and shall be permitted on
this Site for not more than five (5)years from the date of City Council approval and
shall only be located as depicted on the submitted Plan. Continued use of the
structure after five (5)years shall require a new Modification of the Conditional Use
Permit.
5. The Portable Classroom Structure shall have skirting around the entire base to
screen the under-carriage of the unit.
6. Foundation landscaping, subject to approval by the Planning Director, shall be
installed around the base of the unit
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two
Thousand Fifteen.
August 4, 2015
-35-
Item-V-K.2a
PLANNING ITEM#65091
(Continued)
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-36-
Item -V-K.2b
PLANNING ITEM#65092
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT, Application of WAVE CHURCH for Modification of a Conditional
Use Permit re installation of Modular Classroom Units at:
b. 1000 North Great Neck Road
DISTRICT 5 -LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WAVE CHURCH for Modification of
a Conditional Use Permit re installation of Modular Classroom Units
at 1000 Great Neck Road (GPIN 2408137769) DISTRICT 5 —
LYNNHAVEN
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit, granted by the City Council
on October 14, 2003, shall remain in effect.
2. The 24'x 60'Modular Structures shall be located on the Site as depicted on the Plan
entitled, "Plan for Installation of Modular Units (Wave Church — Great Neck
Road)."
3. The applicant shall obtain all necessary permits and inspections and a Certificate of
Occupancy from the Permits and Inspections Division of the Planning Department
prior to occupancy of the Portable Classroom Structure.
4. The Portable Classroom Structure is considered temporary and shall be permitted on
this Site for not more than five (5)years from the date of City Council approval and
shall only be located as depicted on the submitted Plan. Continued use of the
structure after five (4)years shall require a new Modification of the Conditional Use
Permit.
5. The Portable Classroom Structure shall have skirting around the entire base to
screen the under-carriage of the unit.
6. Foundation landscaping, subject to approval by the Planning Director, shall be
installed around the base of the unit.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two
Thousand Fifteen.
August 4, 2015
-37-
Item-V-K.2b
PLANNING ITEM#65092
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-38-
Item -V-K3
PLANNING ITEM#65093
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT: Application of GARY COLLIER and DORIS GENEVA, LLC for a
Conditional Use Permit re Auto Repair at 416 Davis Street DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of GARY COLLIER and DORIS
GENEVA, LLC for a Conditional Use Permit re Auto Repair at 416
Davis Street(GPIN 1467485790)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. A low evergreen hedgerow shall be installed along the property line adjacent to
Davis Street, and two (2) canopy trees shall be installed as shown on the Site
Plan entitled, "SITE PLAN FOR GARY COLLIER- 416 DAVIS STREET, " dated
06/05/2015.
2. A solid row of evergreen trees shall be installed on the interior side of the
existing chain-link fence located along the eastern property line, as shown on the
Site Plan entitled, "SITE PLAN FOR GARY COLLIER- 416 DAVIS STREET"
dated 06/05/2015. The plant material shall be no less than six(6)feet in height at
the time of planting.
3. There shall be no outside storage or display of tires, vehicles in a state of
disrepair, equipment, parts or materials. All such vehicles and items shall be
stored within the building.
4. All barbed wire fencing shall be removed from the Site.
5. All automotive repair shall take place inside the building.
6. All outdoor lighting shall be shielded to direct light and glare onto the premises;
said lighting and glare shall be deflected, shaded and focused away from the
adjoining property. Any outdoor lighting fixture shall not be erected higher than
fourteen (14)feet from the ground.
7. No outside loud speaker system shall be permitted.
8. No outdoor vending machines and/or display of merchandise shall be permitted.
9. Signage on the Site shall be limited to one building-mounted sign facing Davis
Street for each building, as well as one tenant-specific sign above each suite
door. A permit shall be obtained from the Planning Department, Zoning
Division,for any signage being added to the Site.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two
Thousand Fifteen.
August 4, 2015
-39-
Item
Item -V-K3
PLANNING ITEM#65093
(Continued)
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-40-
Item -V-K4
PLANNING ITEM#65094
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS
REVISED and CONDITIONED, BY CONSENT: Application of OUTDOOR RESORTS OF
VIRGINIA BEACH CONDOMINIUMASSOCIATION, INC.,for a Conditional Use Permit to comply
with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road
DISTRICT 7-PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of OUTDOOR RESORTS OF VIRGINIA
BEACH CONDOMINIUM ASSOCIATION, INC., for a Conditional
Use Permit to comply with the City's Floodplain Ordinance re a
Recreational Resort Community at 3665 S. Sandpiper Road (GPINs
24326431580001 through 24326431583250; 24326431581000 through
24326431581004)DISTRICT 7 -PRINCESS ANNE
The following conditions shall be required:
1. The Site shall be developed substantially in conformance with the submitted Site
Plan. A maximum of 250 resort residential units are permitted.
2. Residential units may consist of recreational vehicles and park model trailers
with a maximum length of 40' and a maximum width of 14'. Maximum height is
18'above the City's design flood elevation. No condominium site may have more
than 1200 square feet of impervious cover.
3. Permits are required for any permanent improvements including, but not limited
to, parking pads, canopies and foundations. All permanent structures must meet
the City's Floodplain Ordinance.
4. A three- (3)foot wide mulched landscape bed must be installed and maintained
for each Site along all Back Bay water frontage. Low level plant material must
be approved by the Planning Department prior to installation.
5. No additional boat lifts or docks are approved with this application. All
conditions attached to previous approvals for boat lifts and docks are still
applicable.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two
Thousand Fifteen.
August 4, 2015
I. I
-41-
Item -V-K.4
PLANNING ITEM#65094
(Continued)
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-42-
Item -V-K.5
PLANNING ITEM#65095
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and
CONDITIONED, BY CONSENT: Application of EUROTECH SERVICE CENTER, LLC and THE
BANK OF HAMPTON ROADS for a Conditional Use Permit re Vehicle Repair at 207-209
Pennsylvania Avenue DISTRICT 4-BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of EUROTECH SERVICE CENTER,LLC
and THE BANK OF HAMPTON ROADS for a Conditional Use Permit
re Vehicle Repair at 207-209 Pennsylvania Avenue (GPIN 1467849761)
DISTRICT 4-BAYSIDE
The following conditions shall be required:
1. Except as modified by any other condition of this Conditional Use Permit, the
Site shall be developed in substantial conformance with the submitted Site Plan
entitled "207209 SERVICE CENTER, A PROPOSED AUTOMOTIVE SERVICE
FACILITY FOR SELECT AUTOMOTIVE," dated June 17, 2015, and prepared
by GMF + Associates. Said Plan has been exhibited to the Virginia Beach City
Council and is on file with the Planning Department.
2. Except as modified by any other condition of this Conditional Use Permit, the
building shall be developed in substantial conformance to the two (2) submitted
renderings entitled "207-209 SERVICE CENTER, A PROPOSED
AUTOMOTIVE SERVICE FACILITY FOR; SELECT AUTOMOTIVE," dated
April 28, 2015, and prepared by GMF + Associates. Said renderings have been
exhibited to the Virginia Beach City Council and are on file with the Planning
Department.
3. All on-site signage shall meet the requirements and regulations of the City's
Zoning Ordinance. A permit shall be obtained for all signage from the Zoning
Office of the Planning Department.
4. No outdoor vending machines and/or display of merchandise shall be allowed.
5. No motor vehicle repairs shall take place outside the building.
6. No outside storage of vehicles in a state of obvious disrepair shall be permitted.
Any vehicle in this condition requiring storage shall be stored within the
building.
7. No outside storage of tires,parts or equipment shall be permitted.
8. This Conditional Use Permit for an Automobile Repair Garage shall expire ten
(10) years from the date of City Council approval. To continue the use of
Automobile Repair Garage after such expiration, the applicant shall request a
new Use Permit.
August 4, 2015
-43-
item -V-K.5
PLANNING ITEM#65095
(Continued)
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 Fourth day of August, Two
Thousand Fifteen.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-44-
Item -V-K.6
PLANNING ITEM#65096
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT: Ordinance to AMEND Section 901 of the City Zoning Ordinance (CZO) to ADD Group
Homes as a Conditional Use in the B-4 Mixed Use District.
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
1 AN ORDINANCE TO AMEND SECTION 901
2 OF THE CITY ZONING ORDINANCE TO ADD
3 GROUP HOMES AS A CONDITIONAL USE
4 IN THE B-4 MIXED USE DISTRICT
5
6 Section Amended: § 901 City Zoning Ordinance
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Section 901 of the City Zoning Ordinance is hereby amended and
15 reordained to read as follows:
16
17 ARTICLE 9. BUSINESS DISTRICTS
18
19
20
21 Sec. 901. Use regulations.
22
23 (a) Principal and conditional uses. The following chart lists those uses
24 permitted within the B-1 through B-4K Business Districts. Those uses and structures in
25 the respective business districts shall be permitted as either principal uses indicated by
26 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
27 shall be prohibited in the respective districts. No uses or structures other than as
28 specified shall be permitted.
29
Use 1 1 A . 2 3 4 4C ` 4K
Grocery stores, carry-out food stores and convenience
stores any of which are not freestanding but in a structure '
with a gross floor area of less than five thousand (5,000) PPPPPC C
square feet
Group Home XX X X C X X
COMMENT
This amendment will allow Group Homes as a conditional use only in the B-4 Mixed Use
district. Group Homes include homeless shelters and related uses.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
of August , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
(Litrija;
'la ning Department City Attorney's Office
CA13362
R-1
May 18, 2015
2
-45-
ITEM V-L
APPOINTMENTS ITEM#65097
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AGRICULTURAL ADVISORY COMMISSION
BEACHES and WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD—CSB
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
PARKS and RECREATION COMMISSION
THE PLANNING COUNCIL
PUBLIC LIBRARY BOARD
REVIEW and ALLOCATION COMMITTEE- COG
TIDEWATER COMMUNITY COLLEGE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
WORKFORCE HOUSING ADVISORY BOARD
Voting.• 10-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
Amelia N. Ross-Hammond
August 4, 2015
-46-
Item -V-O
ADJOURNMENT ITEM#65098
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:43 P.M.
Atir,n!a nley-.arn-• , CMC
Chief Deputy City Clerk
th Hodges 'raser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
August 4, 2015
-47-
PUBLIC DIALOGUE
Bill Garvey, President, Croatan Civic League, submitted a Petition signed by 427 Croatan residents,
local residents and Beach-Goers. The Petition requests the City Council approve the long, overdue
update of the 2001 Rudee Inlet and Croatan Beach Public Park Study. The request is for the Study to
begin this Fall and be completed by Spring 2016; and, the same independent consultant be used for
consistency and credibility. The Park is a public park, providing recreational opportunities for more
than five hundred (500) community residents, their guests and `thousands upon `thousands of non-
resident tourists and visitors annually. The Petition urges the City provide for a long-range stabilization
of the Croatan Public Park/Beach with storm protection for the entire neighborhood. The Public Beach,
dune system, homes and property values are threatened by rising sea levels and the
deterioration/shrinking of the beach and dune system.
Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, expressed concern regarding her rising "Water
Bill". She is the only one that resides in her home and feels she is billed the same as someone that has
multiple people residing in the same home. She is currently unemployed and just recently began
receiving unemployment. As such, she is forced to ask for a deferral each month on her Water Bill. Also,
now that she is receiving unemployment, she does not qualify for food stamps or any other public
assistance.
August 4, 2015