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MAY 2, 2017 MINUTES
1341+-sem 410 Y144*.1 cv er 41.. OLR Mrr '1 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 2, 2017 Vice Mayor Louis R. Jones, called to order the City Manager Briefings on the CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE in the City Council Conference Room, Tuesday, May 2, 2017, at 4:00 P.M. Council Members Present: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P.Abbott Family emergency M Benjamin Davenport Economic Development Mayor William D. Sessoms,Jr. Economic Development 2 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 4:00P.M. Vice Mayor Jones welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support: Central Beach - Entertainment District Update -�pV� •Virginia Beach City Council May 2,2017 Below is an Overview of today's Presentation: Presentation Overview • Recap February 2017 overview • 2017 Work Plan • Arena • VIBE—CIP • Dome Site • Field House • Convention Center Hotel • Parking Analysis • Recommendations to Meet Goals • Next Steps 2 May 2, 2017 3 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) This Work Plan supports two (2) City Council Goals: City Council Goals 2017-2022 The Entertainment District Work Plan primarily supports two goals: • Grow the Local Economy • Be a Competitive, First Class Resort for Residents, Businesses, and Tourists 3 The Resort Area Strategic Action Plan was completed in 2008. This Plan facilitates change in development patterns for the Resort Area with the key focus areas on open space, connections and development opportunities: Resort Area Strategic Action Plan oma. =` ; `'p�� ��r.I - v .., • f• J y \ y. liotti: St:*49......,... .4e rc .4 6. riF- Fir(' May 2, 2017 4 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#6 701 7 (Continued) ., co......C................•..,,.,.,�,. • 4W of ••• y N. t`nwie • 71, CENTRAL BEACH DISTRICT 5 This Plan identifies development strategies including creating GREAT Districts with distinctive identities, improves connections between destinations, creates transitions from the Resort Area to neighborhoods and achieves a "year round resort" environment. The first of eight (8) identified priorities is to develop the Dome Site as a major entertainment venue: GOALS Develop New Product • Develop our resort area into a year-round destination • Successfully compete in the indoor sports market • Successfully compete in the convention business market • Enhance the growing ViBe District with supportive infrastructure and pedestrian links between the Dome Site and the Convention Center • Activate the Dome site with a world class,family- friendly, mixed-use development that includes entertainment, retail, dining and residential enhanced through placemaking • Utilize a parking supply and demand model to adequately accommodate new developments May 2, 2017 5 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) The next few slides provide an update to the Arena project: Arena Update • . F. • ' [ill USM scop.. Cly sc.p.. OM W..R.Y0.0. b ww.tiKsmnw SIAM ■ __ CuxK.NFXS/N ! —. 8 May 2, 2017 viiiimmummi 6 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#6 701 7 (Continued) i$ij _''.•./ ' - 'V'--'IIITIn(!li I IIS ( 6 ;"k ''1 • Preliminary Site Plan Review and Design Collaboration Underway • Weekly meetings with developer team and reviewers • Loan closing expected in June • Construction commencement expected in June 9 Arena Preliminary Site Plan Design J L.1 t / 1 _ r.:_..-..-..- - r � [g AE _ -J _ L,_ _____:...,,t y L l -- � i %_ f O / '''',5, , \ • 4 /1, Imo-.- -..i''` .:- .- ! "_ J (..' as j. i •1i... / i . ((/I _._E,-. ..— MENS �/-..-..-.. 1 ,. 7 - / /4- • 1 r---- -...- r•r.�_7 ___t2::T --i,1 Q[,_•, ,-,, • t jJ-»i»: . _— - I .1.. ///ddA =tea.._-s E / -a I rFT..-..-.`-1 na-r-T--T= -131—if i= I '*-al PPTT,fVT?"P ! q r,m r r 1 r 10 May 2, 201 7 7 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) The next few slides provide an update to the Dome Site: 1.11.11 Dome Site Update 11 Development Site (10.35 total acres) RnwM _ i G i i I I.� 5 r I �. I %— . [ 12 May 2, 2017 8 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#6 701 7 (Continued) Request for Letter of Qualifications Responders were encouraged to demonstrate their ability to transform this site into a family-friendly unique multi-use destination to include features such as: • Multi-block mixed use development • Entertainment concepts • Minimum 3,500 seat live entertainment performance venue • Unique or new to market retail • Unique or new to market authentic restaurants • Residential but not as a primary use • Year-round programming attractive to both locals and tourists 13 Responses The submittals received by the April 10th deadline were from the following teams: • Breeden Investment Properties, Inc. with Live Nation, IMG, ARK Group • The Cordish Companies • The ESG Companies with AEG, AECOM, S.B. Ballard • Venture Realty Group with WM Jordan, WPL, Clark Nexsen, H2O Investments, Pinnacle Venue Services 14 May 2, 2017 9 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Dome Site Review Committee Louis Jones,Vice Mayor,VBDA Liaison John Uhrin,Councilmember,Beach District Dot Wood,VBDA Chair Jerry Miller,VBDA Member Ron Williams, Deputy City Manager Patti Phillips, Finance Director Brad Van Dommelen,CVB Director Alexander Stiles, Deputy City Attorney Rob Hudome,Economic Development Sr. Development Mgr. Warren Harris, Economic Development Director IS The Dome Site Selection Process provides time to fully vet the concepts and feasibility as well as ample time for public engagement. Below is the established timeline and schedule: Dome Site Selection Process Review vim... �... and Interview Selection Phase Pre-Development Phase Development GOAL: Solicit a qualified developer/operator team to deliver the City's vision for a dynamic,financially sustainable development at the Dome site 16 May 2, 2017 10 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) The next few slides provide an update to the Field House: Field House Update Field House Benchmarking & Analysis • Researched with industry operators • Researched with contractors regarding constructability • Site tours of Myrtle Beach Sports Center and Upward Star Center (Spartanburg, SC) in April • Facility Scope being refined based on Victus Study • Site location analysis continues May 2, 2017 11 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Recently, Staff traveled to Myrtle Beach to visit the Sports Center there: Myrtle Beach Sports Center • tiii II lb! _ _ _ e �� .'., ..1r.711 ,... r ...,. \ , i I _____ _ , . . ____ _ T. ,. _ _.„..,- ,., ) , ,, — / 1,, 19 Upward Star Center 6 .... ....„...4- 1 ! ,, Llip......_-___.........„ I _,1+ S47,R-.CIL• ,_,_ LCR- l I ___ .._ 1I -_- � . F1' -_ Y 1 --r '2 wow 11111" U.1 ` in I I .1 4 Npy11. rylNl '� I ice 4-;' , May 2, 2017 12 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) This past weekend, the Convention Center hosted the Virginia Beach Classic High School Girls Basketball Tournament. 134 teams participated resulting in approximately 2,000 hotel room stays. These types of events are popular all over the Country. In fact, the same tournament was recently held in Raleigh, North Carolina, with over 400 teams participating: '...' Virginia Beach Classic H.S.Girls Tournament — April 28-30,2017 _ —. — r rrwr�-- -; -1.6'“ t 47 ... , "NO - �' 14** 1 • •,..q', ,. .,ft, I k Field House Assumptions • No acquisition of property; use City owned parcels • Not located at the Dome Site • Parcel must be sized to handle a 175,000 SQFT facility • Parking must be available • Must be in proximity to Oceanfront, but not further West than the Convention Center site • Must be funded by TIP Fund, not General Fund 11 May 2, 2017 13 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) There are four (4) potential locations for the Field House with location "C" being the Preferred Alternative: +. ;,te, ////( rJ • „• I I I• •t NU. �l L ---"T'-'R., IjfL --: _4.._.. .. :.. - - • •-- •------_i t✓.._i__L J C / ---j--, f ii!,,,..,1- ---`-1 r-^Y -r 'T"-17 f-1 rr_t I 'tF'll rrnfff?rTr Tl I Or'SPI 1 I 1 FIELD HOUSE-POTENTIAL LOCATIONS CONCEPTUAL PLAN 5 1 11 0 100- 000 23 C l fi I .� 1^ —, � II t I :I . r - A 1 - rtE�o 1 �' E - i nate ....j _ ,-,---___ 1-• .1 L CI /�`' ____�__ `,--==1--._J L._...1i.._ / ,1 f—aT!rrn1: ----•-1 rw f -1---T,'rJ f l 1,.-, I '4--1,rri- frrT?rn r-ITTTT T 1 FIELD HOUSE•LOCATION A CONCEPTUAL PLAN 5117 0 200 400 May 2, 2017 14 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Location A ------7-- `, Not Recommended - . FIELD J� --• . 1 q" Th-,_, i awi 1 7:::I i i, zij --=------ J __... _ - - 10 Itl 27o�Xs�s , ate.... ,„ ii Field House 4, F -........t." I - _ 1 --. - mss.- i-- 25 . iv 1 1 I IJ 1 I,:1--- y -. . c - .__ L 11` ,, I : , •,, ./.... . 1( I '' i 7"..."1.1171 1\-01h-----. ..; :':-L -----Ft r-F 114. [[ ( ARENA v MO __..-1. .JIL 1 -fir!4 r,r - - 7 r-.4-1- T '7- -17 f i I ra I 41-7-1 PPT?rirrrrr! !-RTT!p I ' 1 r. FIELD HOUSE•LOCATION B CONCEPTUAL PLAN 5117 0 200 400- 26 May 2, 2017 15 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Location B Not Recommended FIELD ------ HOUSE r--..---- -- ' I o' i = ARENA FIELD --------- HOUSE — • 711 27 VI,' .40 111 •• Aft.. li t - , 7. 77 /N 11 -77 r a1-111.14-Tr71!!r?T?! r. FIELD HOUSE•LOCATION C CONCEPTUAL PLAN s 1 o ]•b •W 28 May 2, 2017 16 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Location C _ Preferred Alternative :4_=� , . ^ FIELD i HOUSE r • L_ Future • - -.-- 275'x530' Convention ----- Field House Center Expansion (2 full bays) . i Yo2•-:—•s s Location D Backup Alternative )--- ---- i;1T!LD , iy ----- ________ , ,.. r_______ i ! „,, it 1ARENA i -..-..- E71 I L___ �_. : .--..{--T"T_-"Tl I-1 I 1.1-L-A 1-4-1 I A411 I 1111 May 2, 2017 17 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) The Scope continues changing based on the findings of the Victus Study as well as input from the industry. This will be finalized and then a Request for Proposal(RFP)can be issued: Field House Scope -162,000 SF—216,000 SF -12 full-length,high-school-sized/amateur athletic basketball courts with hardwood flooring -6 full-length,collegiate-sized/amateur athletic basketball courts(utilizing same floor space as the 12 high-school-sized courts,i.e.utilizing the width of 2 high- school-sized courts) -24 volleyball courts(utilizing same floor space as the 12 high-school-sized basketball courts,i.e.2 volleyball courts on each basketball court) -An indoor track with articulating corners -Remotely operated ceiling-to-floor screens/nets to segregate each of the 12 basketball courts -Combination of built-in and portable bleacher-sets to support spectator viewing from at least one side of each of the 12 basketball courts,with the ability to configure the bleacher-sets to provide seating for 1,500—2,000 spectators around 1 of the 12 basketball courts for championship events -Elevated walkway seating/viewing from one side of the program space 31 1 Parking 1111101111111- 1111 31 May 2, 2017 18 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Below are the Parking Assets : Parking Assets • The Convention Center site has 2211 existing spaces • The Arena preliminary site plan creates a total of 3028 spaces in the Convention Center/ Arena site • 2700 dedicated to Arena parking& 300 to Convention Center when for Arena events larger than 6500 Oct-May rim 1. , ' ' e.- & r _ -- rr-r re _ :".L. :7st ',./1/9 J C ��i3.;a: J, Below are the Development Impacts: Development Impacts • If City eliminates publically available parking the in the Replacement Parking Area, it must be replaced with an equivalent number of spaces as required by the Arena Development Agreement— Lease Agreement • Both Field House and Dome Site Development trigger this requirement • Construction of a field house west of the convention center eliminates approximately 550 Spaces • Arena off site improvements include construction of new surface parking on the "Treasurer's Lot" with approximately 328 spaces May 2, 2017 19 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Lease Agreement Exhibit B-4.Replacement Parking Area and VBCC Lot • /:4%) 1 e. a S. Vtrpnl.Beech Arun. Thant ant Study 8 1flY , ~... Parkins Study r�h.�: "S'h ,,t. Parking Study •-��'•-• - ' S.wnnta-.n .° 1 - Os Sae PWK Purim;Mventov(21111 • �. ,4 OAk rr.M n.HM•ry MS) Dow Ne.Coennw.W PM.,Inventory UM / .• ,.,4•.- wem r.nwww inventory 1105) •.� n �. -. • _; { W Oceanfront t•n.nel.>a1 r.ro.r n.www bell S. y sn.ter.4sln.m.ula) qI • q• dr-l,»e t • Lbw O Yupnu4:`,",:e.egn / • k +} Cfof.Ywery IN MCC IOD ._It I ;:.. ��� r I n6t.te.MO ne01.n.TM1 1. ▪• ln6.ecL ro.0.W(inY M.tl. ,`` •-. to.fl.a 4 ♦venue,lt° • - ... i e t M.to Meftter.Mw Awwre and 2zno ft ID h. turt.t tuotte. 1 ♦ _, r, .N .•ene fvent.N.r mono Below are the Parking Recommendations: Parking Recommendations • Consider amending City Code to allow for event parking on private commercial lots in order to increase inventory for multiple events scheduled simultaneously • Build a parking garage on Convention Center/ Arena site to meet parking replacement requirement and add additional capacity for the 3 facilities (Cony. Ctr., Arena, Field House) and for VBPD 2nd Precinct • Constructing a garage during arena construction allows the City to take advantage of contractors already mobilized on site,thereby reducing costs 16 May 2, 2017 20 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) This depicts the Field House and Parking Garage Conceptual Plan: —41—(-1----- i HOLM • tf�• l ._ _-.i�—.. ..—.._.. __J L--`r--JL i J —'1 T"Tr--� r ..........., {- r'll ____ E I C .. ._.._..1 r.q--r — -1— 7 E 1I^-, 1—'1—II 11t 11?rm 1 On RI!r 1--1 r FIELD HOUSE&GARAGE CONCEPTUAL PLAN 42717 0 200 400 Total Parking Capacity:4443 Spaces with 100 reserved for VBPD 2nd Precinct Overall Net Increase is 1515 Spaces Work Plan 11011.1 Next Steps 0 38 May 2, 2017 21 CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT DISTRICT UPDATE ITEM#67017 (Continued) Next Steps — May - July • Continue to refine adjustments to CIP for Field House and Arena Onsite Parking Improvements • Conduct Dome Site interviews • Come to terms for amending the Arena Development Agreement post loan closing, in order to accommodate Parking Garage construction • Commence Arena Construction • RFP the Field House Project Questions / Discussion 40 Vice Mayor Jones expressed his appreciation to Mr. Williams for this very thorough presentation. May 2, 2017 23 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) SUMMARY — May 16th Nine Planning items are proposed for City Council's consideration. 6. Valvoline Instant Oil Change-Beach District • Conditional Use Permit(Automobile Repair Garage) 7. Mary Anne Decker—Beach District • Expansion of a Nonconforming Use(Expansion of a Duplex) - -"'� 8. Smartmouth Brewing Co.,LLC—Beach District • Conditional Use Permit(Open-Air Market) \ !\:�` 3Y" 9. Ocean Park Neighborhood-Bayside District -\\) • Neighborhood Identification Sign Ralph J. & Debbie M. Nahra Agenda Item Council District Bayside Location 1017 Aragona Boulevard \l�41% l� y� 7, •.., `, , q, eap,a . , .,10,:.,,§ :14e° e, /• �i sir; 1. 1 Modification of Conditions(Motor Vehicle Sales&Rental;Automobile Repair Establishment) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 24 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) Ralph J.&Debbie M.Nahra II i !i < if se— E` O 1. 111111111 ..▪W� :" HAYG00D ROAD • Allow a total of 49 vehicles on the site of which 8 are awaiting or in the process of being repaired • Outdoor lighting fixtures permitted to be 14 feet in height on the western portion of the property and 20 feet in height on the remainder of the property R & R Tattoo, LLC Agenda Item Council District Beach Location 1479 General Booth Boulevard 2 .44r: /7�k- ' :.., .., . O, . i+�i':•::.. 1 Chickada.L}.. P .R;f A ' i ,t .I Y %/ i w ( i: • /' B 2 / I Conditional Use Permit(Tattoo Parlor) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 25 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) R&R Tattoo,LLC 1 Proposed Use ! `` ryAt.`�rm App,0 ; I. i.r` , A I.'t • Tattoo parlor within an existing shopping center • Signage conditioned • l I. i 1 c } Robert Seim, LLC Agenda Item Council District Lynnhaven Location 216 N. Budding Avenue&4217 Virginia Beach Boulevard 3 ., .,....c.". ..„,,ir,...:4 _ ___ . "yts.. i1€6,aa..-sr..rl• �� ;c. 41X ? • r .., .�.,.�.�. Conditional Rezoning(B-2 Community Business&R-5D Residential to Conditional B-2 Community Business) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 26 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) Robert Seim,LLC 5.• • Removing existing single-family dwelling and developing as an q- extension to the parking lot • Adding required Category IV landscaping and solid fence ADD CATEGORY IV LANDSCAPE BUFFER LADD 6' SOLID— > I FgYQE IMPROVE INGRESS/EGRESS Reed Enterprises, Inc. Agenda Item Council District Princess Anne Location 3249 Dam Neck Road 4 r • .. ,_ ) ,-.-- .,. 14,,,, _ ..„ . • R4.6\..1 //, t) '1.: 111.4.11t I ''.. , .e6- ', ..„, ,,, 410)/ 4./ Iir i of �.-.. ti., Conditional Use Permit(Automobile Repair Garage) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 27 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) Reed Enterprises,Inc. `/, t , ,111; ;ter Nory� • Repair Garage [1 4 __I. Qr., !. ",- 11::1:,!, 4 , . - __ r • Installation of a temporary paint booth ---.. / 111). 14 • All work to occur within the building , • Conditional Use Permit expires within 3 years of approval or upon the opening of the repair garage on the adjacent "..—. - property USF S&H Virginia, LLC Agenda Item Council District Princess Anne Location 1650 General Booth Boulevard 5 . • .... „....." V e --,•, ..', .4 / 5'...;iv t n t ~ , . . . . . A„,„..,.• : .:,.:,.., .,,,,,,,,,, ,, - ,.• 0 / •pS ..„ .,_ .m . ,,, s. ...,,,_ „. .„. , „.. .., , ... •.,,..i kg th"At.. Conditional Use Permit(Indoor Recreation Facility) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 28 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) USF S&H Virginia,LLC 111 O.a.�•a I Dw� •cn 'MOW 70.000 exo• wear Moved. Mar, Merre." • 70,000 square-foot recreational facility within a portion of the former K-Mart building along General Booth Boulevard • Improvements to the building's facade Valvoline Instant Oil Change Agenda Item Council District Beach Location 2888&2889 Virginia Beach Boulevard 6 >tl •�L.7. _ y • /d.a( _ LYnnharon RDad se "lam- �1��" Conditional Use7YPermit(Automobile Repair Garage) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 29 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) Valvoline Instant Oil Change • 2-bay oil change facility i vot_ • Site layout assists in screening bay doors from Virginia Beach Boulevard ._. - -- i __ • Building design complements surrounding area — - tx I:. .., _ , ,� . ' _ • 4' 00 _[ I Mary Anne Decker Agenda Item Council District Beach Location 409 27th Street 7 , ,. , -Y- _ -..err-: .. gt,.•, , .z. • , ill:.- t .r 4 i 4 y,thsna t ''. -- : • .4.,,, Y 1' ,two s 3' _ 4 l r ..�.� • 1h5ttMt Expansion of a Nonconforming Use Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 30 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) Mary Anne Decker t{tom _. y, _ _ - it--. kk " -( �-�{ .Q.1;-1, .fit • t-s K 1 1 1 ! r ( r .J� I 1 1 1 3 - , • Expanding 1st floor of a duplex unit to include an office,a shared deck,bathrooms I and a 1-story,1-car garage • Old Beach Overlay permits garage apartments in addition to single-family dwellings in the R-55 Smartmouth Brewing Co., LLC Agenda Item Council District Beach Location 313 32nd Street 8 ., .. ., . ,.. Att, - - - e ' - -, . , ,,,,„-- - ,_,-;,- ,-.,„ ,„....: . ,., ... , . , „,..,.. , _________- .:., , ,,,,.,, r / I • 441 i 91 S .401 Conditional Use Permit(open-Air Market) Staff recommends Approval Planning Commission voted 9-0 to recommend Approval May 2, 2017 31 CITY MANAGER BRIEFINGS PENDING PLANNING ITEMS ITEM#67018 (Continued) Smartmouth Brewing Co.,LLC • Requests 1 food truck to be within 20 feet of the building • Power source for food trucks will be provided from the building M. ries .�•:.Bi . . T. . 1iI I e ., .W i . , rO — w w1 M L11111111 l I ,.. . Irj. 14cu, M. �,.{ n., M 05 t4, A es) t9) et) 04 0 tei 'a One food truck may operate within this boundary i J during the hours of operation of the Craft Brewery Ocean Park Civic League Agenda Item Council District Bayside 9 :__, . II }- .�. ,. r . -.it" gii 1a,, v. . 'y• -..''''‘,',4*. :� , ::•".:":.'•... .. s t. te i .i. "A25 14Vig"larli} 4 1 ,, .. ...„... A 44 Neighborhood Identification Sign kms®\ r .... Vice Mayor Jones expressed his appreciation to Ms. Smith and the entire Department for a job well done. May 2, 2017 32 CITY COUNCIL RECONCILIATION FY 2017-2018 RESOURCE MANAGEMENT PLAN ITEM#67019 5:11 P.M. Vice Mayor Jones read his letter of May 2, 2017, re: FY 2017-18 Operating and Budget CIP Reconciliation, a copy of which is attached and made a part of this record. Council Lady Henley requested clarification regarding#14, specifically the reduction of funds relating to Sandbridge Road—Nimmo Parkway Phase VII-A. Mr. Leahy advised the reduction allows for the acceleration of West Neck Road Phase IV which will delay the Sandbridge Road—Nimmo Parkway Project for one (1)year. However, it is important to note, the Sandbridge Road—Nimmo Parkway Project was not fully funded and, as such, will not actually cause any delay in the project. Mr. Pullen indicated they are continuing to work at having the project "shovel- ready"with design,permitting and acquisition. City Manager Hansen advised recent developments indicate the City has approximately $2-Million from a closed-out project and the City continues trying to identify the additional $3-Million needed for the project. Council Lady Kane requested specific information regarding the reduction of CIP 9-028, "Lynnhaven Parkway Corridor Improvements, even though this project was identified as one of the City Council's Priorities. She realizes Stormwater projects are important but she expressed frustration that the funding is coming from this particular project. The City Manager advised in order to allocate funding to the new Stormwater project, entitled "Lake Chubb/Bradford Lake", staff reviewed the projects with "lower concern". Councilman Wood appreciates the funding of the new Stormwater project as he and Vice Mayor Jones recently met with Senator Stolle and the residents of Lake Chubb and Bradford Lake. He agrees with Council Lady Kane's comments as Lynnhaven Parkway was identified as a high priority and hopes the funding can be found elsewhere. Vice Mayor Jones instructed the City Manager to see if the funding can be found elsewhere. Councilman Moss requested clarification regarding the Reconciliation letter specifically related to funding all-day Kindergarten. During the presentation, the School Board stated the funding required in FY2017-2018 is$2.6-Million even though the increase in Real Estate Tax will generate approximately May 2, 2017 33 CITY COUNCIL RECONCILIATION FY 2017-2018 RESOURCE MANAGEMENT PLAN ITEM#67019 (Continued) $6-Million. So the Schools will receive over and above the actual requirement to implement all-day Kindergarten. Vice Mayor Jones acknowledged is aware the Schools only need$2.6-Million in FY2017-2018 for all-day Kindergarten and the increase in Real Estate Tax will generate approximately$6-Million. May 2, 2017 O City of Virgini a. Beach • • o i • 9s � Op OUR NA' 0 44,0 LOUIS R.JONES MUNICIPAL CENTER VICE MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 May 2, 2017 (757)3654561 FM(757)426-5699 WSESSOMS8VBOOJ.COM Members of City Council Subject: FY 2017-18 Operating Budget and CIP Reconciliation Dear City Council Members: After lengthy discussions with you and listening to the public input at the various public meetings, town halls, public hearings and via email, it is recommended that the Operating Budget and CIP be adopted with the following adjustments: 1. The Department of Finance has ruled that the FY 2015-16 HRT true-up must be paid in FY 2016-17 for accounting purposes. The HRT true-up ($1,572,465) will be paid from the Tourism Investment Program (TIP) Fund ($386,072) and a portion of the remaining light rail funds ($1,186,393) in FY 2016-17 instead of the FY 2017-18 budget (this will be accomplished through a transfer authorized by the FY 2017-18 operating budget ordinance and effective in FY 2016-17). The TIP Fund Reserve for Future Commitments in FY 2017- 18 will increase by $386,072. The $1,186,393 would have reverted to fund balance to pay for General Government CIP projects in the FY 2017-18 CIP. Instead, the General Fund portion for the mass transit true-up in FY 2017-18 will be used as pay-as you-go financing. The net result to the FY 2017-18 Operating Budget is the same. 2. To address storm water concerns, increase from 0.80 to 10 the portion of the real estate tax allocated in the CIP to storm water projects and decrease the portion of the real estate tax allocated for general government projects by the same amount. Funding of$1,084,100 will be allocated to a new storm water project entitled "Lake Chubb/Bradford Lake" in each year of the CIP. Funding is reduced by$1,084,100 in each year of the CIP as identified below: CIP 9-028 "Lynnhaven Parkway Corridor Improvements"in FY 2017-18 and FY 2018-19 CIP 3-139"Various Site Acquisitions II" in FY 2019-20 CIP 3-137 "Various Buildings Rehabilitation and Renewal III" in FY 2020-21 and FY 2021-22 CIP 3-504 "Beach Maintenance Facility"in FY 2022-23 f FY 2017-18 Operating Budget and CIP Reconciliation May 2,2017 Page 2 3. In an effort to support various organizations and our historic homes, based on citizen input concerning the importance of these organizations, increases are recommended in FY 2017- 18 in the following amounts: a. Children's Hospital of the King's Daughters - $25,000 b. Arts and Humanities Commission- $2,000 c. Southeastern Tidewater Opportunity Project(STOP) - $13,700 d. Atlantic Waterfowl Museum—$13,033 e. Old Coast Guard Museum - $14,908 f. Historic Houses Special Events- $49,000 In order to offset these increased contributions, a reserve set aside for grant opportunities in the Non-Departmental section of the budget will be reduced by$117,641. 4. To compensate the Sheriff in a manner consistent with the methodology that has been in place since 2006, the Sheriff's stipend is recommended to be increased by $12,363 with associated FICA taxes. This increase is offset by a decrease in the reserves of the Sheriff's Special Revenue Fund of the same amount. 5. $50,000 for the lake treatment program with the storm water reserve for contingencies decreased by the same amount. 6. Now that a June 2017 opening for the Kempsville Recreation Center has been determined, it is recommended that the Parks and Recreation Department delay the implementation of increased recreation center membership fees for six months (the fees will become effective on January 1, 2018 instead of July 1, 2017). This delay will allow the staff to address the initial increase in attendance and membership purchases that typically occurs with the opening of a new recreation center. Due to the delay, it is recommended that revenue from recreation center memberships be reduced by $100,000, and that this decrease in revenue be offset by a decrease in the transfer to the CIP. Further, we recommend that Pay-As-You-Go funding to the Parks and Recreation CIP be reduced by $100,000 with the same reduction to CIP 4-300 "Community Recreation Center Repairs and Renovations III". 7. Increase funding for Tax Relief for the Elderly and Disabled by $450,000 with a corresponding decrease in the General Fund Reserve for Contingencies. This increase in funding is mainly due to a higher than projected amount of tax relief for disabled veterans and their spouses. 8. Increase funding to Emergency Communications and Citizen Services by $250,000 to support 6 FTEs in order to restore the 3-1-1 Call Center to 24/7 operations. This cost will be offset by an increase in interest income of the same amount. FY 2017-18 Operating Budget and CIP Reconciliation May 2,2017 Page 3 9. Increase CIP 5-101 "ViBes District Water Improvements"by $600,000 in FY 2017-18 with a corresponding increase of $600,000 in retained earnings in the Water Utility CIP. This project is being increased to correspond with roadway projects that have been accelerated. 10. Increase CIP 6-101 "ViBes District Sewer Improvements" by $1 million in FY 2017-18 with a corresponding increase of $1 million in retained earnings in the Sewer Utility CIP. This project is being increased to correspond with roadway projects that have been accelerated. 11. Increase CIP 3-344 "Police Fourth Precinct—Replacement" by $925,000 in appropriations to date with a corresponding reduction in appropriations to date in CIP 4-509 "Replacement of Kempsville Recreation Center". 12. Reduce CIP 2-141 "Norfolk Southern Right of Way Acquisition Refund" by $20 million in FY 2017-18. This reduction is offset by a $20 million reduction in General Fund Fund Balance in the FY 2017-18 CIP. This is due to the repayment of this amount to the state as authorized by City Council in the current fiscal year. 13. Increase CIP 3-292 "Virginia Aquarium Marine Animal Care Center" by $2 million in FY 2017-18 with a corresponding increase in revenue from a contribution from the Aquarium Foundation. 14. Modify the roadway section of the CIP by: reducing CIP 2-111 "Traffic Safety Improvements Phase IV" by $1,029,624 in FY 2020-21; reducing CIP 2-078 Sandbridge Road — Nimmo Parkway Phase VII-A by $1,009,376 in FY 2020-21 and increasing the project by $2,039,000 in FY 2021-22; and increase CIP 2-088 "West Neck Road Phase IV" by$2,039,000 in FY 2020-21 and reducing the project by the same amount in FY 2021-22. The details for the funding sources and the adjustments are identified on the attachments. I want to thank the public who came out to the various town hall meetings and public hearings to offer their comments on the FY 2017-18 Operating Budget and CIP as well as staff for their efforts to provide answers to our various questions. If you have any questions, please contact me directly. Sincerely, • Q.• -4 ff r 1 Louis R. J.ves Vice Mayor Attachment Operating Budget Changes Item on Letter Description Revenue Appropriations 1 Decrease General Fund portion of HRT True-Up Payment (1,186,393) 1 Increase Pay-as-you-Go Transfer to General Government CIP Projects 1,186,393 1 Decrease TIP Payment for HRT True-up (386,072) 1 Increase Reserve for Future Commitments the in TIP Fund 386,072 2 Increase Pay-as-you-Go Transfer to Storm Water CIP Projects 1,084,100 2 Decrease{ay-aas-you-Go Transfer to General Government CIP Projects (1,084,100) 3 Contribution to Children's Hospital of the Kings Daughters 25,000 3 Contribution to Arts and Humanities Commission 2,000 3 Contribution to STOP 13,700 3 Restoration of funding for Atlantic Waterfowl Museum 13,033 3 Restoration of funding for Old Coast Guard Museum 14,908 3 Historic Houses Special Events 49,000 3 Reduction of Opportunity Grants (117,641) 4 Increase Sheriff's Compensation 12,363 4 Reduce Reserves-Sheriff's Special Revenue Fund (12,363) 5 Increase Lake Treatment Program 50,000 5 Reduce Reserves-Storm Water Fund (50,000) 6 Delay Recreation Center Membership Fee Increase (100,000) 6 Reduce Transfer to Parks and Recreation Capital Projects (100,000) 7 Increase Tax Relief for the Elderly and Disabled(Veteran's Exemption) 450,000 7 Decrease General Fund Reserve for Contingincies (450,000) 8 Increase Interest Income 250,000 8 Restore 3-1-1 to 24 Hour/Day 7 Days/Week Operations 250,000 Total Operating Budget Changes 150,000 150,000 CIP Changes Item on Letter AID FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 Appropriation Changes 7-053 Lake Chubb/Bradford Lake 2 1,084,100 1,084,100 1,084,100 1,084,100 1,084,100 1,084,100 9-028 Lynnhaven Parkway Corridor Improvements 2 (1,084,100) (1,084,100) 3-139 Various Site Acquisitions 2 (1,084,100) 3-137 Various Buildings Rehabilitation and Renewal 2 (1,084,100) (1,084,100) 3-504 Beach Maintenance Facility 2 (1,084,100) 4-300 Community Recreation Centers Repairs 6 (100,000) 5-101 ViBes District Water Improvements 9 600,000 6-101 ViBes District Sewer Improvements 10 1,000,000 3-344 Police Fourth Precinct- Replacement 11 925,000 CIP 4-509 Replacement of Kempsville Recreation Center 11 (925,000) 2-141 Norfolk Southern Right-of-Way Acquisition Refund 12 (20,000,000) 3-292 Virginia Aquarium Marine Animal Care Center 13 2,000,000 2-078 Sandbridge Road-Nimmo Parkway Phase VII-A 14 (1,009,376) 2,039,000 2-111 Traffic Safety Improvements IV 14 (1,029,624) 2-088 West Neck Road Phase IV 14 2,039,000 (2,039,000) Total CIP Appropriation Changes: (16,500,000) Revenue Changes Pay-as-you-go from General Fund 1 1,186,393 General Fund-Fund Balance True-up Change 1 (1,186,393) Pay-as-you-go from Parks and Recreation Fund 5 (100,000) Retained Earnings-Water Utility 9 600,000 Retained Earnings-Sewer Utility 10 1,000,000 General Fund-Fund Balance(from light rail funding) 12 (20,000,000) Contribution-Aquarium Foundation 13 2,000,000 Total CIP Revenue Changes: (16,500,000) 34 CITY COUNCIL LIAISON REPORTS ITEM#67020 5:30 P.M. Councilman Wood provided a letter dated May 1, 2017, regarding Hampton Roads Transit ridership and financials, a copy of which is attached and made a part of this record. HRT is now looking at each individual city's "true up"; and interestingly, if the Fiscal Year ended today, the City would get a $155,000 refund from HRT. May 2, 2017 ,....,,:. -- . c:.11.\ City of Virginia Seach (i..1, z 1,..v:,„ N F_ AZ�ON JAMES L.WOOD MUNICIPAL CENTER COUNCILMAN-DISTRICT 5-LYNNHAVEN CITY HALL,BUILDING 1 (757)785-4342 2401 COURTHOUSE DRIVE FAX(757)340-2082 VIRGINIA BEACH,VA 23458 EMAIL:JLWOOD42VBGOV.COM May 1,2017 Mayor Will Sessoms Members of the Virginia Beach City Council RE: Hampton Roads Transit ridership and financials Mayor Sessoms and Members of Council: Attached please find copies of the HRT"2016 Regional Origin and Destination Study" workshop presentation as well as relevant excerpts from HRT's March 2017 internal financial report. The origin and destination study shows that 63%of the trips taken by HRT customers are to and from work and home and 99%of passengers access transit without using a car, although 49%do have a driver's license. Fully 56%of passengers are millennials or younger and 76%are employed. HRT will publish the full study online and will compile city-specific data for each of the member localities. With respect to the financial report, HRT has initiated a model which shows the estimated true- up to each city based on year-to-date results. As you can see from the attached document, Virginia Beach would receive a check for$155,800 if the fiscal year ended in March. In addition, HRT is studying weekend reductions to three routes in Virginia Beach that serve TCC, the north end of the beach,the municipal center, western Bayside and JEB Little Creek—Fort Story. These suggested reductions along with modifications to 20 other routes in the region combined with internal reorganization within HRT should continue to reduce the city's risk for an excessive true-up. Sincerely, J Jim Wood, Member, Virginia Beach City Council Lynnhaven District gF1155fIg5g g5 5 545544 555 555 >8, 0 1300 „, « «_ 00EFA2V.1164. 11i%:'0Wi4 .I 14" 2.115 01 !qo=f =111>=11.11H 9 �rzz� 141 17« lAlla:zi1i::Y1 f .51 41 11 1 1115.111 112F152 LSg «n [ 4r 2i QQ ¢¢ QQ << << $s o 25 Z Y n;2 2 2 2 2 2 2 2 H a Z 2 2 2 2 R 2� §1n1111 ' r as £ g„88S88n;2!"rn:8A2 2;!8tl�F 'R caaaa ;aa- ?a - a ti s� 3 1_ S 5 f f f:F f v i c o a s o 11?, s s k^a.rnmm -'me s $m t£ x faiiiiis ii 5225223 ali ii< /$ < < P.BN. 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MARCH FY17 YEAR-TO-DATE RESULTS FISCAL YEAR 2017 YEAR-END PROJECTIONS FY17 Variance FY17 Dol ars.1 Thousands FY17 Variance FY17 Budget Actual 5 Budget Actual $ $ 16.660.6 $ 13.981.1 $ (2.679.5) -16.1% REVENUE S 22,327.7 $ 18.536.5 $ (3,791.2) -17.0% S 75,0877 $ 74.5195 S 568.2 0.8% EXPENSE $ 99.480.0 $ 98.401.3 $ 1.078.7 1.1% S 58,427.1 $ 60,538.4 $ 2.1113 3.6% SUBSIDY $ 77,152.3 $ 79,864.8 $ 2,712.5 3.5% SUBSIDY FUNDING ES 13,087.1 $ 15,737.3 IT-2.650.2 20.3% STATE $ 17,338.5 $ 20,849.6 I.5 3.511.120.3% 5 13,037.5 ($ 12.007.3 $ (1.030.2) -7.9'/o FEDERAL $ 18,100.4 5 18.403.7 S 303.3 ( 1.7% LOCAL: 5 1,964.8 $ 1,897.1 5 (67 7) -3.4% CHESAPEAKE $ 2.532.2 5 2.348.0 $ (184.2) -7.3% $ 5.421.6 S 5.674.8 $ 253.2 4.7% NEWPORT NEWS $ 6.960.9 S 6,995.9 5 35.0 0.5% S 3.374.2 $ 3.504.1 5 129.9 3.8% HAMPTON $ 4,332.5 $ 4,265.4 S (67.1) -1.5% $ 14.355.1 S 14,482.3 $ 127.2 0.9% NORFOLK $ 18,652.7 S 17,907.6 S (7451) -4.0% 5 2.125.4 S 2,247.1 S 121.7 5.7% PORTSMOUTH $ 2.742 5 S 2 758.0 5 15 5 ! 0.6% 5 5.061A S 4.988 4 5 (73.0) -1.4% VIRGINIA BEACH $ 6,492.3 S 6.336.5 S (155.8) -2.4% $ 58,427.1 S 60,538.4 S 2,111.3 3.6% TOTAL SUBSIDY $ 77,152.3 S 79.864.8 $ 2,712.7 3.5% • Fiscal year-to-date. operating revenues are below expectations by 16.1%; however, operating expenses are favorable to the budget projections by just under 1%. • Local Subsidies are unfavorable by S491 K due to farebox revenue falling below projections. • Projected cost savings and projected additional revenues will mitigate the unfavorable Local Subsidy position. • Security staffing adjustments • Facility maintenance adjustments • General operating savings • Delayed capital projects RIDERSHIP STATS MARCH FY17 MONTHLY RESULTS YEAR TO DATE RESULTS March FY17 FY17 Target Actual Variance Target Actual Variance 1.180,100 1.038,755 (141,345) BUS TRANSIT 10.620.896 9,461.577 (1,159.319) 118.502 105,587 (12.915) LRT 1 066 517 974.347 (92.170) 23.959 11,417 (12.542) FERRY 215.633 157.386 (58247) 27.443 33,264 5.821 PARATRANSIT 246 989 271 285 24 298 1,350,004 1,189,023 (160,981) SYSTEM TOTAL 12,150,034 10.864,596 (1,285,438) For the month of March, ridership came in 13.5% under target. March ridership this year is 11.8% lower, overall, than last year but 9.0% higher for paratransit. MONTHLY RESULTS YEAR TO DATE RESULTS Mar-FY16 Mar-FY17 FY16 FY17 Actual Actual Variance - _A•DE Actual Actual Variance 1,099262 1,038.755 (60.507) BUS TRANSIT 10,017.690 9,461,577 (556 113) 106,301 105,587 (714) LRT 995,180 974.347 (20,833) 14,250 11.417 (2.833) FERRY 166,454 157,386 (9.068) 32.362 33.264 902 PARATRANSIT 260.950 271,286 10,336 1,252,175 1,189,023 (63.152) SYSTEM TOTAL 11,440,274 10,864,596 (575,678) Year to date ridership is 5.3% below target. Ridership this time last year was 5.3% higher, overall. 35 CITY COUNCIL COMMENTS ITEM#67021 5:33 P.M. There were no City Council Comments May 2, 2017 36 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67022 5:03 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE and CONCUR to the issuance by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns of a Revenue Bond in an amount not to exceed$10-Million re the Young Men's Christian Association (YMCA)of South Hampton Roads 2. Resolution to DIRECT the City Attorney to draft Ordinances re removing Light Rail Taxes and Fee Increases(deferred February 21, 2017) 3. Ordinance to TRANSFER appropriations of$324,184 from the Neighborhood Dredging Reserve to the Office of Voter Registration and Elections and to the General Fund Reserve re the 2017 Republican and Democratic Primary Elections 4. Ordinance to TRANSFER $1,542,858 from Self Contained Breathing Apparatus to Fire Training Center Improvements III 5. Ordinance to ACCEPT and APPROPRIATE a $2,359 Grant from the Department of State Police through the Virginia Help Eliminate Auto Theft (HEAT) Program to the Police Department re Auto Theft Training Investigations ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY May 2, 2017 37 ITEM#67023 Vice Mayor Jones 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: 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 LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Dr. Allan L. Bergano et al. v. City of Virginia Beach et al. 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) • Boards, Commissions, Committees, Authorities, Agencies and Appointees May 2, 2017 38 ITEM#67023 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:36 P.M. Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R.Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott Al Benjamin Davenport Mayor William D. Sessoms,Jr. (Closed Session 5:37 P.M. - 5:59 P.M.) May 2, 2017 39 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY 2,2017 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May Z 2017, at 6:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott Family Emergency M. Benjamin Davenport Economic Development Mayor William D. Sessoms,Jr. Economic Development INVOCATION: Reverend Randy Singer Pastor, Trinity Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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 identifiring 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 offanuary 13, 2015, is hereby made a part of the record. May 2, 2017 40 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 ofdune 2, 2015, is hereby made a part of the record. May 2, 2017 41 Item—VII-E CERTIFICATION ITEM#67024 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott Al. Benjamin Davenport Mayor William D. Sessoms, Jr. May 2, 2017 �'tNa aEgCy ps Gt u L_ . 5 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#67023 Page 38 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. f e th Hodges Fraser, MMC City Clerk May 2,2017 42 Item-VH-F MINUTES ITEM#67025 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of Apri118,2017. Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott M. Benjamin Davenport Mayor William D. Sessoms, Jr. May 2, 2017 43 ADOPT AGENDA FOR FORMAL SESSION ITEM#67026 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 2, 2017 44 Item - VII-H ORDINANCES/RESOLUTIONS ITEM#67027 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items I and 5 Voting: 8-0 Council Members Voting Aye: Robert M Dyer, Barbara AL Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott M. Benjamin Davenport Mayor William D. Sessoms, Jr. May 2, 2017 45 Item-VII-H.1 ORDINANCES/RESOLUTIONS ITEM#67028 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and CONCUR to the issuance by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns of a Revenue Bond in an amount not to exceed $10-Million re the Young Men's Christian Association (YMCA) of South Hampton Roads Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John S Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott M Benjamin Davenport Mayor William D. Sessoms,Jr. May 2, 2017 1 A RESOLUTION TO APPROVE AND CONCUR 2 WITH THE ISSUANCE BY THE JOINT INDUSTRIAL 3 DEVELOPMENT AUTHORITY OF NORTHAMPTON 4 COUNTY AND ITS INCORPORATED TOWNS OF A 5 REVENUE BOND IN AN AMOUNT NOT TO 6 EXCEED $10,000,000 FOR THE BENEFIT OF THE 7 YOUNG MEN'S CHRISTIAN ASSOCIATION OF 8 SOUTH HAMPTON ROADS, AND UPON WHICH 9 THE CITY OF VIRGINIA BEACH SHALL NOT HAVE 10 ANY PAYMENT OBLIGATION 11 12 WHEREAS, the City Council of the City of Virginia Beach ("City Council") has 13 been advised that there was described to the City of Virginia Beach Development 14 Authority (the "Authority") the plan of finance of the Young Men's Christian Association 15 of South Hampton Roads (the "Borrower') whose principal business address is 920 16 Corporate Lane, Chesapeake, Virginia, for the issuance by the Joint Industrial 17 Development Authority of Northampton County and its incorporated Towns (the 18 "Northampton Authority") of its Revenue and Refunding Bond in an aggregate principal 19 amount not to exceed $10,000,000 (the "Bond"), and to loan the proceeds of such Bond 20 to the Borrower to be used in (a) currently refunding certain Revenue Bonds (Young 21 Men's Christian Association of South Hampton Roads), Series 2010, issued by the 22 Virginia Small Business Financing Authority, the proceeds of which were used for (i) 23 renovations at the Blocker Norfolk Family YMCA located at 312 West Bute Street, 24 Norfolk, Virginia; (ii) construction of an outdoor spray park for the Mount Trashmore 25 Family YMCA located at 4441 South Boulevard, Virginia Beach, Virginia; (Hi) 26 renovations to the interior swimming pool at the Indian River Family YMCA located at 27 5660 Indian River Road, Virginia Beach, Virginia; (iv) refinancing of the acquisition, 28 improvement and equipping of the Taylor Bend Family YMCA located at 4626 Taylor 29 Road, Chesapeake, Virginia and the renovation of the Great Bridge Family YMCA 30 located at 633 Battlefield Boulevard South, Chesapeake, Virginia; and (v) acquisition of 31 property located at 275 Kenyon Road, Suffolk, Virginia, upon which the Borrower 32 constructed YMCA Camp Arrowhead; (b) redeeming up to $1,500,000 in principal 33 amount of the Northampton Authority's Revenue Bond (Young Men's Christian 34 Association of South Hampton Roads), Series 2014, the proceeds of which were used 35 for the construction and equipping of the YMCA family center and related athletic and 36 recreational facilities located at 2121 Landstown Road in Virginia Beach, Virginia (the 37 "Princess Anne Project"); (c) financing or refinancing up to $1,700,000 in expenditures 38 originally made between November 4, 2015 and July 21, 2016, from sources other than 39 tax-exempt bond proceeds, for the construction and equipping of the Princess Anne 40 Project; and (d) paying all costs of issuing the Bond; 41 42 WHEREAS, City Council has been advised that the Northampton Authority held 43 a public hearing on April 18, 2017, as required by the Industrial Development and 44 Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended 45 (the "Act"), and the Internal Revenue Code of 1986, as amended (the "Code"), and that 46 the Northampton Authority adopted an approving resolution (the "Northampton Authority 47 Resolution") on that date with respect to the Bond, and that the Northampton County 48 Board of Supervisors approved the Northampton Authority's issuance of the Bond at its 49 meeting held on April 24, 2017, in accordance with the Act and the Code; 50 51 WHEREAS, because some of the facilities financed or refinanced are located 52 within the boundaries of the City of Virginia beach (the "City"), Section 15.2-4905 of the 53 Act requires that City Council concur with the adoption of the Northampton Authority 54 Resolution as a condition precedent to the Northampton Authority's issuance of the 55 Bond, and the Code requires that the highest elected governmental officials of the City 56 approve the issuance of the Bond as a condition precedent to the treatment of the 57 interest on the Bond as exempt from federal income taxation; 58 59 WHEREAS, City Council has been advised that the Authority held a public 60 hearing with respect to the Bond on April 18, 2017, and adopted a resolution on that 61 date recommending that City Council concur with the Northampton Authority Resolution 62 and approve the issuance of the Bond; and 63 64 WHEREAS, a reasonably detailed summary of the comments expressed at the 65 Authority's public hearing with respect to the Bond, a statement in the form prescribed 66 by Section 15.2 4907 of the Act, and a copy of the Authority's Resolution 67 recommending that City Council concur with the Northampton Authority Resolution and 68 approve the issuance of the Bond have been filed with City Council. 69 70 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 71 OF VIRGINIA BEACH: 72 73 1. City Council concurs with the Northampton Authority Resolution and 74 approves the issuance of the Bond by the Northampton Authority to the extent required 75 by the Code and the Act. 76 77 2. Approval of and concurrence with the issuance of the Bond, as required 78 by the Code and the Act, does not constitute an endorsement to a prospective 79 purchaser of the Bond of the creditworthiness of the Borrower, and the Bond shall 80 provide that neither the Commonwealth of Virginia, the City, the Authority, the 81 Northampton Authority nor the County of Northampton shall be obligated to pay the 82 principal, or premium, if any, of the Bond or the interest thereon or other costs incident 83 thereto except from the revenues and monies pledged therefor and neither the faith and 84 credit nor the taxing power of the Commonwealth of Virginia, the City, the Authority, the 85 Northampton Authority or the County of Northampton shall be pledged thereto. 86 87 This Resolution shall take effect immediately upon its adoption. 88 89 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2od day 90 of May, 2017, by vote as set forth on Exhibit A attached hereto. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA13877 rbpm mm DIS I Appruilons CirylawROJ c>omfl WWocr D]O4 P023 36om&a R-1 April 24, 2017 EXHIBIT A NAME VOTE MAYOR WILLIAM D. SESSOMS, JR. A VICE MAYOR LOUIS R. JONES Y JESSICA P. ABBOTT A M. BENJAMIN DAVENPORT A ROBERT M. DYER Y BARBARA M. HENLEY Y SHANNON DS KANE Y JOHN D. MOSS Y JOHN E. UHRIN Y ROSEMARY WILSON Y JAMES L. WOOD Y Y=Yes A=Absent VIRGINIA BEACH April 24, 2017 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Concurring the issuance of Revenue Bonds by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns("Northampton County") for Young Men's Christian Association of South Hampton Roads Dear Mayor Sessoms and Members of Council: We submit the following in connection with Young Men's Christian Association of South Hampton Roads: 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. 2. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 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 D. 4. The Fiscal Impact Statement is attached as Exhibit E. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit F. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit G. 7. An Inducement Resolution from Northampton County is attached as Exhibit H. 4525 Main Street,Suite 700,Virginia Beach,Virginia 23462•Phone: 757-385-6464• Fax'. 757-499-9894 The Honorable William D. Sessoms,Jr.,Mayor Members of City Council April 24,2017 Page 2 Very truly yours, / Dorothy L. Wood Chair DLW/AWS Enclosures NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPM... Page I of 1 EXHIBIT A PILOT MEDIA MEMBERSHIP THE VIRGINIAN-PILOT SINN 1 ACTIVA E LOIS PRODUCTS BLIES^_h DERSS LE.ERR ISE -II.. '.I COE nNEE Ill t% rAIir inian-Pilot CLASSIFIEDS -MDRF MARKETPLACE ^oaL �GY B - IDE I�OrE C - fWG PiloiOnline.com orimor, BUSINESS b cR IS If NEIHASIP, !CLASSIFIEDS HAMPTONROADS.COM Legal Notices 31IJetlirginian-4Jilot Inside Business 11-Il.uqulu.l.11...,-1.. NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO CONSIDER THE ... NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACR DEVELOPMENT AUTHORITY TO CONSIDER THE ISSUANCE OF A REVENUE AND REFUNDING BOND BY THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS,A PORTION OF THE PROCEEDS OF WHICH WOULD REFINANCE ANCEA PROJECT OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS LOCATED IN THE CITY OF VIRGINIA BEACH.AND ON WHICH THE CITY SHALL NOT BE OBLIGATED Notice is hereby given Nal the Cary of Virginia Beach Development AUNonty the"Virginia Beach Au'wnf).wall hold a public hearing at 830 aon Apn118.2017.in the large conference room at 4525 Main Street.Suite 700.Virgin Beech.Virginia.for Me purpose ohxeiving comments and hearing emission concerning the Proposed pprova by the City or Virginia Beach 01 the by the Jam IndusIM Development AuPor y of Northampton CountwngA Courtly and its Incorporated Towns(the aokvan issuance ampron Aumontf)or up to$10.000,000 in principal amount of its Revenue and Refunding Bond(the"Bond"),the proceeds of which*odd be oaned to the Young Mens Christian Association of South Hampton Roads(thery "Cmanfl. PIIotOnlmnom whose pal place of business is 920 Corporate Lane.neChespeake.Virgnnia.A portion of the proceeds or the Bond woad be used for currently refunding,and extending the average maturity or.certain Revenue Bonds(Young Men's Chnshan AssouWm of South HaMptan Roads).Series 3010,issued by the Virginia Small Business Financing ANMnty a mof an outdoor path for the Mounl Trashmore Portion YMCA located at 4441 South Boulevard.Virginia which financed capital Protects M Chesapeake,Vigrga.Suffolk.V the proceeds of the Bond would a oe ices ani be used to finance or refinance Mtoequipping or the Pancess Anne Family YMCA lcaled nr nni n¢v.e at 2121 Landstown Road in rile BeachVirginia. s or issuance of the Bond.AN the haled es to he financed or refinanced mt., Ne Company TheBond IAB not be an obligation of the City .lel proceedsof Virginia Bearb and will of debt are of the faith and credit of the ommoweath of Virginia or any not constitute y pe oninterested in the issuance of Be Bond and the panabove may `P=rt. .weal a• .. appear and benhua The address m the Authonty is anSkeet Suite Virginia Beam.Virginia 346Y OF +con VIRGINIA BEACH DEVELOPMENT AUTHORITY VP 253ae200A cess an, Appeared In: The Virginian-Pilot Published The Virginian-Pilot'.04/04/2017,04/1112017 fi I'a+r-Hs aL For as VIRGINIAN-PILOT S24r. _._.. . FndHam nlioatls.com Tag.Find.snarDo. P� Ivha1 kihere • FIND Popular Searches NPTONRGADS COM&PILOTONLINE COM ..19.3-2017 Tx ,Fun' LniiL CI;s£Ix05 I ¢' ¢ _ e r . .. nr..v. a vev. ca9 Vvur¢fOy n.S P ..rypo6ry http://legals.hamptonroads.com/content/notice-public-hearing-city-virginia-beach-develop... 4/11/2017 EXHIBIT B SUMMARY OF PUBLIC HEARING At 8:30 a.m. on April 18, 2017, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing at its offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, on a plan of finance and refinance of the Young Men's Christian Association of South Hampton Roads (the "Company"), the principal place of business and mailing address of which is 920 Corporate Lane, Chesapeake, Virginia, under which the Joint Industrial Development Authority of Northampton County and Towns (the "Northampton Authority") will issue its revenue and refunding bond in an amount not to exceed $10,000,000 to assist the Company in connection with and used in (a) currently refunding certain Revenue Bonds (Young Men's Christian Association of South Hampton Roads), Series 2010, issued by the Virginia Small Business Financing Authority, the proceeds of which were used for (i) renovations at the Blocker Norfolk Family YMCA located at 312 West Bute Street, Norfolk, Virginia; (ii) construction of an outdoor spray park for the Mount Trashmore Family YMCA located at 4441 South Boulevard, Virginia Beach, Virginia; (iii) renovations to the interior swimming pool at the Indian River Family YMCA located at 5660 Indian River Road, Virginia Beach, Virginia; (iv) refinancing of the acquisition, improvement and equipping of the Taylor Bend Family YMCA located at 4626 Taylor Road, Chesapeake, Virginia and the renovation of the Great Bridge Family YMCA located at 633 Battlefield Boulevard South, Chesapeake, Virginia; (v) and acquisition of property located at 275 Kenyon Road, Suffolk, Virginia, upon which the Company constructed YMCA Camp Arrowhead; (b) redeeming up to $1,500,000 in principal amount of the Northampton Authority's Revenue Bond (Young Men's Christian Association of South Hampton Roads), Series 2014, the proceeds of which were used for the construction and equipping of the YMCA family center and related athletic and recreational facilities located at 2121 Landstown Road in Virginia Beach, Virginia (the "Princess Anne Project"); (c) financing or refinancing up to $1,700,000 in expenditures originally made between November 4, 2015 and July 21, 2016, from sources other than tax- exempt bond proceeds, for the construction and equipping of the Princess Anne Project; and (d) paying all costs of issuing the Bond. Kevin A. White, Esquire, Bond Counsel, described to the Authority the nature of the plan of finance and refinance and the process for its approval. No other member of the public spoke at the public hearing in support of or opposition to the plan of finance and refinance and the Chairman closed the public hearing at 8:45 a.m. 15s6s93vI EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON THE CONCURRENCE AND APPROVAL BY THE CITY OF VIRGINIA BEACH WITH THE PROPOSED ISSUANCE BY THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS OF A REVENUE AND REFUNDING BOND FOR THE BENEFIT OF THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of the Young Men's Christian Association of South Hampton Roads (the "Company") and the Joint Industrial Development Authority of Northampton County and Towns (the "Northampton Authority") with respect to the issuance by the Northampton Authority of its revenue and refunding bond not exceeding $10,000,000 (the Bond) to assist the Company in connection with and used in (a) currently refunding certain Revenue Bonds (Young Men's Christian Association of South Hampton Roads), Series 2010, issued by the Virginia Small Business Financing Authority, the proceeds of which were used for (i)renovations at the Blocker Norfolk Family YMCA located at 312 West Bute Street, Norfolk, Virginia; (ii) construction of an outdoor spray park for the Mount Trashmore Family YMCA located at 4441 South Boulevard, Virginia Beach, Virginia; (iii) renovations to the interior swimming pool at the Indian River Family YMCA located at 5660 Indian River Road, Virginia Beach, Virginia; (iv) refinancing of the acquisition, improvement and equipping of the Taylor Bend Family YMCA located at 4626 Taylor Road, Chesapeake, Virginia and the renovation of the Great Bridge Family YMCA located at 633 Battlefield Boulevard South, Chesapeake, Virginia; (v) and acquisition of property located at 275 Kenyon Road, Suffolk, Virginia, upon which the Company constructed YMCA Camp Arrowhead; (b) redeeming up to $1,500,000 in principal amount of the Northampton Authority's Revenue Bond (Young Men's Christian Association of South Hampton Roads), Series 2014, the proceeds of which were used for the construction and equipping of the YMCA family center and related athletic and recreational facilities located at 2121 Landstown Road in Virginia Beach, Virginia (the "Princess Anne Project"); (c) financing or refinancing up to $1,700,000 in expenditures originally made between November 4,2015 and July 21, 2016, from sources other than tax-exempt bond proceeds, for the construction and equipping of the Princess Anne Project; and (d)paying all costs of issuing the Bond;and WHEREAS, all of the above-described recreational facilities will be owned by the Company; and WHEREAS, a public heating with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the"Code"), was held by the Authority on the date hereof; and WHEREAS, it has been represented to the Authority that the Northampton Authority will hold a public hearing with respect to the Bond on April 18, 2017, and thereafter will adopt an approving resolution with respect to the Bond(the"Northampton Authority Resolution"); and WHEREAS, it has been represented to the Authority that the Economic Development Authority of the City of Chesapeake will hold a public hearing with respect to the Bond on April 20, 2017, and thereafter will adopt an approving resolution with respect to the plan of finance; and WHEREAS, it has been represented to the Authority that the Economic Development Authority of the City of Norfolk held a public hearing with respect to the Bond on April 5, 2017, and thereafter adopted an approving resolution with respect to the plan of finance; and WHEREAS, it has been represented to the Authority that the Economic Development Authority of the City of Suffolk held a public hearing with respect to the Bond on April 12, 2017,and thereafter adopted an approving resolution with respect to the plan of finance; and WHEREAS, Section 147(0 of the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over the area where any facility financed with the proceeds of such bonds is located, shall approve the issuance of such bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach (the "Cit?') and the members of the City Council of the City (the "Council") constitute the highest elected government officials of the City; and WHEREAS,the Virginia Code provides that the Council shall, within sixty(60) calendar days from the public hearing with respect to the Bond either approve or disapprove the issuance of the Bond and shall further concur with the Northampton Authority Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond will benefit the inhabitants of the City and promote their health, welfare,convenience and prosperity. 2. To assist the Company, the Authority hereby recommends that the Council approve the issuance of the Bond as required by the Code and concur with the Northampton Authority Resolution as required by the Virginia Code, and hereby directs the Chairman or Vice Chaimran of the Authority to submit to the Council the statement in the form prescribed by §15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority on the date hereof pursuant to §15.2-4906 of the Virginia Code and a copy of this resolution. 3. All costs and expenses of the Authority in connection with the Company's financing plan shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the Company and the Authority shall have no responsibility therefor. If for any reason the Bond is not issued, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 4. The Authority's officers shall perform such other acts as may be required to implement its undertakings as set forth above, including, without limitation,that the Chair, Vice chair, Secretary, Assistant Secretary and Treasurer, any of whom may act, are authorized and directed to execute and deliver any documents or certificates reasonably required by bond counsel or the Bond purchaser in connection with the plan of finance. 2 5. The Authority, including its commissioners, officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Northampton Authority's failure to issue the Bond or for any other reason. 6. The Authority has not endorsed the creditworthiness of the Borrower or the ability of the Borrower to repay the Bond. Neither the Authority nor the City shall be obligated to pay the Bond or the interest thereon or other costs incident thereto, and neither the faith or credit nor the taxing power of the City shall be pledged thereto. 7. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 8. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on April 18,2017,and that such resolution is in full force and effect on the date hereof. Dated: April \.' : , 2017 j % Secretary, City of irginia Beach Development Authority 15516917v1 3 EXHIBIT D VIRGINIA BEACH I JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND NOT TO EXCEED $10,000,000 The City of Virginia Beach Development Authority (the"Authority") recommends approval of the above-captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, and surrounding communities by allowing the YMCA to more efficiently and economically provide improved educational, social and recreational facilities which promotes the health and welfare of the City's citizens. 4525 Main Street, Suite 700,Virginia Beach,Virginia 23462• Phone:757-385-6464• Fax: 757-499-9894 EXHIBIT E Dated: April 18,2017 FISCAL IMPACT STATEMENT* SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Name of applicant:Young Men's Christian Association of South Hampton Roads Facility: 4441 South Boulevard, Virginia Beach, Virginia; 5660 Indian River Road, Virginia Bach, Virginia;and 2121 Landstown Road,Yuginia Bach,Virginia I. Maximum amount of financing sough $10,000,000^' 2. Estimated taxable value of facility's mal property to be constructed in the locality $ N/A 3. Estimated real property tare per year using present tax rata $ N/A 4. Estimated personal property tax per year using preset tax rates $ N/A 5. Estimated merchant's capital tax per yew using present tax rates $ 6. a. Estimated dollar value per year of goods that will be purchased from $ 842,600 Virginia companies within the locality b. Estimated dollar value par year ofgoods tat will be purchased from $ 213,700 non-Virginia companies within the locality c. Ed' r.d dollar value per yearof services that will be p rchased from $ 1,732,100 Vigils companies within the locality d. Estimated dollar value per year of services that will be purchased from $ 661,900 non-Virginia companies within die locality 7. Estimated number of regular employees on year round basis 183 B. Average annual sty pa employee $ 22,800 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHO H /,, r'� Chairman YOUNG MENS CHRISTIAN ASSOCIATION OF SOUTH HAMPTON��ROADS / Authorized Officer ' The Information In this Racal enact Statement was supplied to the Authority by YMCA of South Haman Roads,and Is derNad from acral operation of Exam looted In the City of Virginia Bead for the year ended 12/31/16. • Approximately S1,480,000 of the proceeds of the Bond will be used to redeem payments due on bonds Issued by the Joint Industrial Development Authority of Northampton County in 2014,die proceeds of which financed s portion of facility listed above and fixated In Villiers Beech. In addition,appradmately$1,653,100 of the proceeds yell be used to reimburse the YMCA for cams related to a portion of a facility listed above and loured In Vlrglnb(leach and Issuance costs of the Bond.Also,$375,900 of the proceeds of the Bond wll be applied to refund a portion of the bane Issued by the Virginia Sural Business Ranting Authority In 2010,the proceeds of which financed•pardon of certain fadlalas listed above In the City ofvtrfMla Beech. EXHIBIT F SUMMARY SHEET JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND ITS INCORPORATED TOWNS REVENUE BOND 1. PROJECT NAME: Young Men's Christian Association of South Hampton Roads ("YMCA"); Princess Anne Family YMCA 2. LOCATION: 2121 Landstown Road (GPIN: 1484-79-2434) Virginia Beach, VA 23456 3. DESCRIPTION OF PROJECT: YMCA has requested that the Joint Industrial Development Authority of Northampton County and Towns (the "Issuer") issue its Revenue and Refunding Bond in the amount not to exceed $10,000,000 (the "Bond") to assist YMCA in its plan to refinance certain projects and to finance reimbursement of certain final expenses of constructing and equipping the Princess Anne Family YMCA. 4. AMOUNT OF BOND ISSUE: $10,000,000 5. PRINCIPALS: see attached Schedule A. 6. ZONING CLASSIFICATION: a. Present Zoning Classification: B2—Business District b. Is rezoning proposed? No c. If so, to what zoning classification? N/A SCHEDULE A (of Summary Statement/YMCA) [list of officers and directors] YMCA of South Hampton Roads Directors and Officers William H. George, President& Chief Executive Officer G. Dudley Ware, Chair Theresa Edwards, Chair Elect William K. Stulb, Vice Chair Clyde H. (Jake) Allison, Treasurer Cheryl Wynkoop, Assistant Treasurer Leslie R. Watson, Esquire, Secretary Kathy Abshire Steve Best Everett Birdsong Sandra F. Birdsong Robert J. Bloxom Travis Burke Chris Bums Heather Carr James K. Dille Wynn Dixon Doug Haislip Warren D. Harris Brian Hedgepeth Ian Holder Joe Kennedy Steve Mobley Rodney Oliver S. Paul O'Neal John Padgett Walter Potter Suzanne Puryear Steve Romine John Settle LindaSkrip Robert Trivette Not a member of the Board. EXHIBIT G VIRGINIA BEACH ECONOMIC DEVELOPMENT April 18,2017 Mrs. Dorothy L. Wood Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach,VA 23462 Re: Young Men's Christian Association of South Hampton Roads Dear Dot: The Department of Economic Development concurs with the issuance of a revenue and refunding bond, not to exceed $10,000,000.00, by the Joint Industrial Development Authority of Northampton County and its Incorporated Towns, a portion of the proceeds of which would refinance a project of the Young Men's Christian Association of South Hampton Roads located in the City of Virginia Beach 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. I will be happy to answer any questions you may have. Sincerely, \ `er\ o- Mark R. Wawner Project Development Coordinator /11a 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.988 4567•fax 757 499.9894 EXHIBIT H APPROVING RESOLUTION OF THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS FOR THE ISSUANCE OF A REVENUE AND REFUNDING BOND THE PROCEEDS OF WHICH WILL BE LOANED TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS WHEREAS, there has been described to the Joint Industrial Development Authority of Northampton County and Towns (the "Authority") the plan of the Young Men's Christian Association of South Hampton Roads (the"Company"), whose principal place of business is 920 Corporate Lane, Chesapeake, Virginia, for the issuance by the Authority of its Revenue and Refunding Bond in an aggregate principal amount not to exceed $10,000,000 (the "Bond"), the proceeds of which would be loaned to the Company and used in: (a) Currently refunding those certain Revenue Bonds (Young Men's Christian Association of South Hampton Roads), Series 2010, issued by the Virginia Small Business Financing Authority and held by TowneBank (the "Lender"), the proceeds of which were used for: (i) renovations at the Blocker Norfolk Family YMCA located at 312 West Bute Street, Norfolk, Virginia; (ii) construction of an outdoor spray park for the Mount Trashmore Family YMCA located at 4441 South Boulevard, Virginia Beach, Virginia; (iii) renovations to the interior swimming pool at the Indian River Family YMCA located at 5660 Indian River Road, Virginia Beach, Virginia; (iv) refinancing of the acquisition, improvement and equipping of the Taylor Bend Family YMCA located at 4626 Taylor Road, Chesapeake, Virginia and the renovation of the Great Bridge Family YMCA located at 633 Battlefield Boulevard South, Chesapeake, Virginia; (v) and acquisition of property located at 275 Kenyon Road, Suffolk, Virginia upon which the Company constructed YMCA Camp Arrowhead; (b) Redeeming up to $1,500,000 in principal amount of the Authority's Revenue Bond (Young Men's Christian Association of South Hampton Roads), Series 2014, held by the Lender, the proceeds of which were used for the construction and equipping of the YMCA family center and related athletic and recreational facilities located at 2121 Landstown Road in Virginia Beach, Virginia(the"Princess Anne Project"); (c) Financing or refinancing up to $1,700,000 in expenditures originally made between November 4, 2015 and July 21, 2016, from sources other than tax-exempt bond proceeds, for the construction and equipping of the Princess Anne Project; and (d) Paying costs of issuance of the Bon& WHEREAS, the Company has elected to proceed immediately with the plan of finance described above pursuant to which the Bond will be privately placed with and held by the Lender; WHEREAS, the Company, in its appearance before the Authority, has (a) described the debt service cost savings relating to the issuance of the Bond as a"qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), (b) described the benefits to be derived by residents of the Commonwealth of Virginia, including Northampton County(the "County") and its incorporated towns (the "Towns"), from the issuance of the Bond, and (c) represented that the Company is a corporation described in Section 50l(c)(3) of the Code which is exempt from federal income taxation pursuant to Section 50I(a) of the Code; WHEREAS, the Company has requested that the Authority agree to issue the Bond pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), and loan the proceeds of the Bond to the Company to assist the Company in effecting the plan of finance described above; WHEREAS, a public hearing with respect to the issuance of the Bond was properly noticed pursuant to the Act and the Code and was held on the date of adoption of this Resolution; WHEREAS, there have been presented to this meeting the forms of the following documents and instruments (collectively hereinafter referred to as the "Authority Documents") which the Authority proposes to execute and deliver to carry out the transactions described above: (a) Bond Purchase and Loan Agreement (the "Bond Purchase Agreement"), draft dated as of May 1, 2017, among the Authority, the Company and the Lender, together with the Company's promissory note (the "Note") in the principal amount of the Bond payable to the Authority, and the instrument of assignment of the Note from the Authority to the Lender; and (b) The Authority's Revenue and Refunding Bond (Young Men's Christian Association of South Hampton Roads), Series 2017, in registered forth, payable, in the principal amount and initially bearing interest all as set forth therein; WHEREAS, Section 147(f) of the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over (a) the issuer of the private activity bonds and (b) the area where any facility financed with the proceeds of such bonds is located, shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the County and the members of the Board of Supervisors of the County (the "Board") constitute the highest elected government officials of the County; WHEREAS, the Act provides that the Board shall, within sixty (60) calendar days from the public hearing with respect to the Bond either approve or disapprove the issuance of the Bond; and WHEREAS, because the facilities financed or refinanced with the proceeds of the Bond arc located in the Cities of Virginia Beach, Norfolk, Chesapeake, and Suffolk, the issuance of the Bond is also subject to the condition that the Councils of these cities (the "Councils") approve the issuance of the Bond as required by the Code and that the Council of the City of Virginia Beach concur with this Resolution of the Authority as required by the Act. NOW, THEREFORE, BE IT RESOLVED BY THE JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS: I. It is hereby found and determined that the issuance of the Bond and the use of the proceeds thereof in the manner described above is in accordance with the purposes of the Act. 2. To assist the Company in the plan of finance described in this Resolution, the Authority hereby agrees to undertake the issuance of the Bond. 3. The Authority hereby recommends to the Board that it approve the issuance of the Bond as required by the Code and the Act. The Authority hereby directs the Chairman or Vice Chairman of the Authority, either of whom may act, to submit to the Board a fiscal impact statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting as required by Section 15.2-4906 of the Act,and a copy of this Resolution. 4. The Chairman or Vice Chairman of the Authority, either of whom may act, is hereby authorized and directed to execute, and the Secretary or Assistant Secretary, either of whom may act, is authorized and directed to affix and attest the seal of the Authority, and all such officers are authorized and directed to deliver the Bond to the Lender upon the terms provided in the Authority Documents; provided, however, that delivery of the Bond shall not occur until the Bond has been approved by the Board and the Councils. All terms of the Bond are by this reference thereto incorporated herein as a part of this Resolution. 5. Concurrently with the issuance of the Bond, the Chairman or Vice Chairman of the Authority, either of whom may act, is hereby authorized and directed to execute and deliver the Authority Documents to the other parties thereto. The Authority Documents shall be in substantially the forms presented at this meeting, which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the officers executing them and counsel to the Authority, the execution thereof to constitute conclusive evidence of such approvals. 6. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bond and the undertaking of the plan of finance described herein. 7. The Authority hereby agrees to the recommendation of the Company that Kaufman& Canoles, a Professional Corporation, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bond. 8. All costs and expenses in connection with the financing, including the Authority's administrative fees, the fees and expenses of bond counsel, counsel for the Authority, counsel for the Company and counsel for the Lender, shall be paid from the proceeds of the Bond to the extent permitted by law, or from funds of the Company. If for any reason the Bond is not issued, it is understood that all such fees and expenses (other than the Authority's administrative fee, which is payable only if the Bond is issued) shall be paid by the Company and that the Authority shall have no responsibility therefor. 3 9. The Authority hereby designates the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code for calendar year 2017. 10. The Authority's officers shall perform such other acts as may be required to implement its undertakings as set forth above. 11. The Authority, including its directors, officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Authority's failure to issue the Bond or for any other reason, and the Company shall agree in the Bond Purchase Agreement to indemnify and hold harmless the Authority and its directors, office,s, employees and agents from and against all liabilities, claims, penalties, losses, costs and expenses in any way connected with the issuance of the Bond. 12. The Authority has not endorsed the creditworthiness of the Company or the ability of the Company to repay the Bond and the Lender or any purchaser of the Bond shall agree to purchase the Bond at its sole risk and to acknowledge that no representations of any kind have been made by the Authority. The Bond shall provide that the Authority and the County shall not be obligated to pay the Bond or the interest thereon or other costs incident thereto and that neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the County or any of the Towns shall be pledged thereto. 13. This Resolution shall take effect immediately upon its adoption. [Signature Page Follows] 4 The undersigned hereby certifies that the above Resolution was duly adopted by the directors of the Joint Industrial Development Authority of Northampton County and Towns at a meeting duly called and held on April 18, 2017, and that such Resolution is in full force and effect on the date hereof. Dated: April 18, 2017 r Chairman,Jtiint-Industrial Development Authority of Northampton County and Towns 155IS225vI 5 ccc .tcccc cc. 'r-a1v 1 ur^ n:4 ,Ln' E - x ,}e; . '. C APPLICANTS NAME Yµ CA- 4 §ou+h {lamp-fon IKoads DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDI P) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 , SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE O REVISIONS SUBMITTED DATE: Pate ya Vogin 'eeb Check here if the APPLICANT IS NQ[ a corporation, partnership, firm, business, or other unincorporated organization. F1Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:YMCA of South Ham_plop Roads If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list. (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner it different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER (5 a corporation, partnership, firm, business, or other unincorporated organization, AND THF& complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 l- 1' '3 C '7 'cam .. �Y -`t Ar. A e,-S` ) {nj. T O ♦ a> 2F sof:'.-' ".,u "f' Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership Interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner In the other entity, or (Iib there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. 4 , SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiert of the Application or any business ooerating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia each YES NO SERVICE PROVIDER use additional sheets If needed) Z n Accounting and/or preparer of RSM your tax return ® Ej Architect/Landscape Architect/ Woodard Design Land Planner ® Contract Purchaser(jf other than the Applicant) - identify purchaser and purchasers service providers Any other pending or proposed ❑ L Zi purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® ❑ Construction Contractors Sussex Development,Reaeational D N S Engineers /Surveyors/Agents WPL,Sinclair Pratt,GET Solutions Financing (include current TowneBank N ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XC ❑ Legal Services Poole Brooke Plumlee Real Estate Brokers / [1 Z Agents/Realtors for current and anticipated future sales of the subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have O pci an interest in the subject land or any proposed development Vel contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Warren Harris is the Director of Economic Development for the City of Virginia Beach and is a member of the Board of Directors of the YMCA of South Hampton Roads. He has no personal interest in the project for which financing is requested. Page 4 of 7 Vbgmu .374. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap llication. CW-2 _ Susan E. Ohmsen, CFO 4/20/17 NT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Beach. YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ El Accounting and/or preparer of your tax return ❑ 0 Architect/Landscape Architect/ Land Planner n n Contract Purchaser lit other than the Anolicant) - identify purchaser and purchasers service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors n n Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n o Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property e ► SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 D an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 n .-51" vomytt 7V4 4 "i" 744 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 the) Coroorate Board of Directors 2017 YMCA of South Hamilton Roads Officers G. Dudley Ware, Chair Theresa Edwards, Chair Elect William K. Stulb, Vice Chair Clyde H. (Jake) Allison, Treasurer Cheryl Wynkoop, Asst. Treasurer Leslie R. Watson, Secretary At-Large Members Kathy Abshlre Steve Best Everett Birdsong Sandra Birdsong Robert J. Bloxom Travis Burke Chris Bums Heather Carr Jim Dille Wynn Dixon Doug Haislip Warren Harris Brian Hedgepeth Ian Holder Joe Kennedy Steve Mobley Rodney Oliver S. Paul O'Neal John Padgett Walter Potter Suzanne Puryear Steve Romine Cameron Rountree John Settle Linda Skrip Robert Trivette a`�OVN�Bs,ti 11 6'.F L� 7 5;) City of Vir iriia Beach a q S cir OUN NM' IS pv.A,.COm WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23456-9000 (757(385-4581 • FAX(757)385-5699 In Reply Refer to 0060479 wsessoms evbgoswm May 9, 2017 Mrs. Ruth I lodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's May 2, 2017 discussion and vote on a resolution to approve and concur with the issuance by the Joint Industrial Development Authority of Northampton County and Its Incorporate Towns of a revenue bond in an amount not to exceed $10 million for the benefit of the Young Men's Christian Association of South Hampton Roads ("YMCA"). 2. The YMCA disclosed that TowneBank is a financial services provider with respect to this matter. 3. I have a personal interest in TowneBank, which is located at 600 22Nd Street in Virginia Beach. 4. I was out of the country on May 2, 2017 on City business, but I nevertheless would like to disclose for the record my interest in this transaction and also note that I would have abstained from voting on this matter had I been at the meeting. Mrs. Ruth (lodges Fraser -2- May 9, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, nc tlliam D. Sessoms Mayor W I)S/RRI 46 Item -VII-H.2 ORDINANCES/RESOLUTIONS ITEM#67029 Diana Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT Ms. Howard feels it is time for City Council to respect the wishes of Beach Voters who voted against Light Rail. The taxes should be repealed and to do anything else is no Afferent than a "bait and switch". "The City needs to stop focusing only on the Oceanfront and begin focusing on and protecting the homef ont". Reid Greenmun, 2405 Cliff Cutter Drive, spoke in SUPPORT. Mr. Greenmun feels the City is setting a dangerous precedent if the taxes are not repealed. The Citizens continue coming out and speaking against Light Rail and they voted against the project in the Referendum. Yet it seems the City continues to refuse to repeal the taxes. Mr. Greenmun urges the City to do the right thing and repeal these taxes as the project is no longer moving forward. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council DEFERRED TO MAY 9, 2017, Resolution to DIRECT the City Attorney to draft Ordinances re removing Light Rail Taxes and Fee Increases(deferred February 21, 2017) Voting: 7-1 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Jessica P. Abbott M. Benjamin Davenport Mayor William D. Sessoms,Jr. May 1, 2017 47 Item-VII-H3 ORDINANCES/RESOLUTIONS ITEM#67030 Bob Elms, 266 Raintree Road, Phone: 486-6506, spoke in OPPOSITION. Mr. Elms feels the City should not he transferring funds from flooding CLP accounts especially to fund the 2017 Primary Elections. Diana Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Ms. Howard questions why the City would consider taking money from neighborhood dredging and transfer it for the Primary Elections especially after the devastation of Hurricane Matthew. James Taylor, Phone: 641-3461, spoke in OPPOSITION Mr. Taylor feels the City should prioritize public safety, including protecting homes from flooding, over developments and funding Primary Elections. Mr. Taylor continues asking for information related to the audit of the Stormwater Utility Fund and is looking forward to receiving the results of the audit. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED Ordinance to TRANSFER appropriations of$324,184 from the Neighborhood Dredging Reserve to the Office of Voter Registration and Elections and to the General Fund Reserve re the 2017 Republican and Democratic Primary Elections Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott M. Benjamin Davenport Mayor William D. Sessoms,Jr. May 2, 2017 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 FROM THE NEIGHBORHOOD DREDGING RESERVE 3 TO THE OFFICE OF VOTER REGISTRATION AND 4 ELECTIONS AND TO THE GENERAL FUND 5 RESERVE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That $324,184 is hereby transferred from the Neighborhood Dredging 11 Reserve to the FY 2016-17 Operating Budget of the Office of Voter 12 Registration and Election to fund the June 13, 2017 primary elections; and 13 14 2. That $203,816 in available appropriations is hereby transferred from the 15 Neighborhood Dredging Reserve for Contingencies to the General Fund 16 Reserve for Contingencies, Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of May , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Roderick R. Ingram / --, Budget and Management Services City Attorneys Office CA14046 R-2 April 19, 2017 48 Item-VII-11.4 ORDINANCES/RESOLUTIONS ITEM#67031 Councilman Moss felt it necessary to provide the "background" of the Self Contained Breathing Apparatus. A few years back, the Personal Property Tax was increased by 40 cents to fund the replacements of outdated breathing apparatus devices. The then City Manager, Jim Spore, stated the City needed a sustained source ofrevenue to ensure these devices could be replaced within the timeframe required for certification. Last year, the original 40 cent increase was reallocated for hiring additional police officers which left the replacement of the devices with no sustained source of funding. This is just another example of how the City continues to mislead the Citizens when raising taxes. Mr. Moss requested assurance from the City Manager going forward that any request such as this would have the full history included on the Agenda Request Form. Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council ADOPTED Ordinance to TRANSFER $1,542,858 from Self Contained Breathing Apparatus to Fire Training Center Improvements III Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott M. Benjamin Davenport Mayor William D. Sessoms,Jr. May 2, 2017 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP 2 3-057 SELF-CONTAINED BREATHING APPARATUS 3 TO CIP 3-133 FIRE TRAINING CENTER 4 IMPROVEMENTS III 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $1,542,858 in available appropriations are hereby transferred from CIP 3- 10 057, "Self-Contained Breathing Apparatus" to CIP 3-133 "Fire Training Center 11 Improvements III." Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of May , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �n Q Budget and Management Servi es City•orn- 's Office CA14039 R-1 April 14, 2017 49 Item-VII-H.5 ORDINANCES/RESOLUTIONS ITEM#67032 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE a $2,359 Grant from the Department of State Police through the Virginia Help Eliminate Auto Theft (HEAT) Program to the Police Department re Auto Theft Training Investigations Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Jessica P. Abbott M Benjamin Davenport Mayor William D. Sessoms,Jr. May 2, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE FY 2016-17 OPERATING BUDGET OF THE 3 POLICE DEPARTMENT FOR AUTO THEFT TRAINING 4 INVESTIGATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $2,359 is hereby accepted from the Commonwealth of Virginia, Department of the 10 State Police through the Virginia Help Eliminate Auto Theft (HEAT) Program and 11 appropriated, with estimated state revenues increased accordingly, to the FY 2016-17 12 Operating Budget of the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of May 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Roderick Ingram Budget and Management Services City Attorney's Office vvv CA14045 R-2 April 20, 2017 50 ITEM VII-1 APPOINTMENTS ITEM#67033 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION-TO-ACTION COMMUNITY COALITION BIKEWAYS and TRAIL ADVISORY COMMITTEE GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC May 2, 2017 51 Item -VH-L ADJOURNMENT ITEM#67034 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:37 P.M. i Amanda Finley-Barnes,MMC Louis R.Jones Chief Deputy City Clerk Vice Mayor th Hodges raser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia May 2, 2017 52 OPEN DIALOGUE Krissi Dillow, 100 Chancellor Drive, requested a crosswalk at the intersection of South Plaza Trail and Rosemont Road. Miss Dillow, a nine year old student at Windsor Woods Elementary School, stated the neighborhood 7-11 was recently relocated to the major intersection. Without a crosswalk, it is unsafe to cross the road from her neighborhood. She and her f lends have always enjoyed riding bikes to the 7-11. With the relocation at this busy intersection that is no longer possible. Courtney Boone, 219 James River Drive, Newport News, VA 23601, Phone: 353-7580 — National Alliance on Mental Health (NAM!), President — Virginia Beach Chapter. Ms. Boone expressed her appreciation to the City for supporting Mental Health and the Crisis Intervention Team (CIT). Unfortunately, when someone suffers with mental health,family members are not given a "road map"to navigate through treatment. NAMI educates, supports and advocates Jronot only those living with mental health illness but their families and the community at large. May is "Mental Health Awareness Month". She asked the City to continue supporting Mental Health with continue funding as well as the CIT. Kathy Sievert, 273 Thalia Trace Drive, Phone: 785-8196, advised she had a mental breakdown several years ago that required hospitalization. Although she had symptoms her entire life, it was not until her hospitalization that she was diagnosed with Bipolar Disorder. During her hospitalization, a Case Manager for the City advised her of the City services that were available. The Case Manager reassured her and she began day treatment. The City provided transportation to and from treatment where she was stabilized with medication and received various forms of therapy until she was on the road to recovery. During her treatment she learned of NAM!and began attending a support group where she was able to connect with people that understood her challenges. She now is a Volunteer for NAMI and speaks out in hopes of reducing the negative stigma placed on mental health illness. The services offered by NAM!are changing lives of people every day. She requested the City continue support the efforts of NAMI Massyao Ikedo, 4772 Shallowford Circle, Phone: 275-6269, is a Volunteer with NAM!. Ms. Ikedo advised her son began showing symptoms of severe mental illness his freshman year of college. Ms. Ikedo had to take her son to California in order to force him to get treatment because Virginia's law would not allow her to require him to receive treatment since he was over 18. Austin Phillips, 300 25`h Street, Apt. 421, Phone: 508-3720, spoke in OPPOSITION of Beach Week Mr. Phillips resides at the Oceanfront and was disgusted with the events he witnessed taking place this past weekend. For example, he witnessed speeding cars, individuals smoking marijuana, excessive littering, loitering and drinking, loud music, screeching tires and excessive profane language. Chief Cervera stated during yesterday's press conference "except for the one incident on 18"Street, it was a fairly good weekend" and Mr. Phillips disagrees based upon what he witnessed Mr. Phillips requested the City consider sponsoring this event in order to divert the criminal activity from taking place. Tammy Lamberty, 609 Sander Springs Court, Phone: 935-7324, spoke in OPPOSITION of Beach Week Ms. Lamberty advised she walks on the Boardwalk for exercise and is appalled at the litter and debris that was left after the weekend. Virginia Wasserberg, 3881 Old Forge Drive, Phone: 252-339-6214, requested the City Council consider the very important Resolution that was not added to the Agenda tonight because Councilman Moss indicated he would not support adding it to the Agenda. She indicated City Council will consider the Resolution on May 16th and encouraged everyone to support the Resolution and show support for those Citizens that have endured the recent floods. Jim Brinman expressed concern regarding the increase of Noise in the Lake Shores Neighborhood since the widening of North Hampton Boulevard. In March, the Bureau of Transportation Statistics released an updated "Noise Map" showing the loudest location in the City, as loud as the center of the Norfolk International Runway, is along North Hampton Boulevard. Mr. Brinman has lived in same house for over thirty (30)years and, as a result of the increased noise, the residents have suffered a decline of their quality of life. ADJOURNED AT 7:03 P.M. May 2, 2017