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NOVEMBER 7, 2006 AGENDA CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES. Bayside - District 4 WIlliAM R "Bill" DESTEPH, At-Large HARRY E. DIEZEL Kempsville - District 2 ROBERT M. "Bob" DYER, Centerville - District J BARBARA M. HENLEY. Princess Anne - District 7 REBA S. McCLANAN. Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA. At-Large ROSEMARY WILSON, At-Large JAMES 1. WOOD, Lynnhaven -District 5 CITY HALL BUILDING 240i COURTHOUSE DRIVE VIRGINIA BEACH, ViRGINIA 23456-8005 PHONE (757) 385-4303 FAX (757)385-5669 E-MAIL: Ctycncl@vbgov.co!.. CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE 1. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 7 NOVEMBER 2006 I. CITY COUNCIL BRIEFING - Conference Room - 2:00 PM A. NAVAL AVIATION MONUMENT UPDATE Fred Metz, Chairman - Monument Committee II. CITY MANAGER'S BRIEFINGS A. REDEVELOPMENT STRATEGY Donald Maxwell, Director - Economic Development Robert Scott, Director - Planning B. LANDFILL # 2 COMPOSTING FACILITY Charles Meyer, Chief Operating Officer C. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director - Finance III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Cantor David Proser Acting Cantor Kempsville Conservative Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 24, 2006 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA 1. RESOLUTIONS/ORDINANCES 1. Resolution re the Development Authority issuing Revenue Refunding Bonds for Our Lady of Perpetual Help Health Center, Inc. 2. Resolution AUTHORIZING the City Manager to apply for BRAC funds from the Virginia Military Strategic Response Fund and execute an agreement with the Virginia National Defense Industrial Authority re the requirements and distribution of appreciable funds. 3. Resolution to provide "law enforcement officer" benefits to full-time, salaried Emergency Medical Service (EMS) Technicians. 4. Resolution to APPOINT Elizabeth S. Chupik as Assistant City Attorney effective November 16, 2006. 5. Ordinance to AMEND S 21-302 re parking trailers on city streets. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property for STEPHEN G. and DEBORAH A. COREY to construct and maintain a proposed boat lift and piles into Bass Inlet (aka Mill Creek) at 344 Back Bay Crescent. (DISTRICT 7 - PRINCESS ANNE) 7. Ordinance to TRANSFER $935,000 within various school projects to fully fund the Alternative Education Facility - Phase I re increased construction cost to replace this facility and the Comprehensive Modernization Study Phases III and IV for replacement of Windsor Woods Elementary. 8. Ordinances to GRANT franchises to Old Virginia Carriage Co., LLC re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street from November 15,2006 to April 15, 2007 b. Horse-drawn carriage rides on the Boardwalk from November 15,2006 to April 15, 2007 J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - New Construction (Alternate) EMPLOYEE BENEFITS TASK FORCE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE RESORT ADVISORY COMMISSION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************~ ************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 11/07/2006 gw www.vbgov.com- I. CITY COUNCIL BRIEFING - Conference Room - 2:00 PM A. NAVAL AVIATION MONUMENT UPDATE Fred Metz, Chairman - Monument Committee II. CITY MANAGER'S BRIEFINGS A. REDEVELOPMENT STRATEGY Donald Maxwell, Director - Economic Development Robert Scott, Director - Planning B. LANDFILL # 2 COMPOSTING FACILITY Charles Meyer, Chief Operating Officer C. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director - Finance III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Cantor David Proser Acting Cantor Kempsville Conservative Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 24, 2006 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I{rsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here 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. 1. RESOLUTIONS/ORDINANCES 1. Resolution re the Development Authority issuing Revenue Refunding Bonds for Our Lady of Perpetual Help Health Center, Inc. 2. Resolution AUTHORIZING the City Manager to apply for BRAC funds from the Virginia Military Strategic Response Fund and execute an agreement with the Virginia National Defense Industrial Authority re the requirements and distribution of appreciable funds. 3. Resolution to provide "law enforcement officer" benefits to full-time, salaried Emergency Medical Service (EMS) Technicians. 4. Resolution to APPOINT Elizabeth S. Chupik as Assistant City Attorney effective November 16,2006. 5. Ordinance to AMEND S 21-302 re parking trailers on city streets. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property for STEPHEN G. and DEBORAH A. COREY to construct and maintain a proposed boat lift and piles into Bass Inlet (aka Mill Creek) at 344 Back Bay Crescent. (DISTRICT 7 - PRINCESS ANNE) 7. Ordinance to TRANSFER $935,000 within various school projects to fully fund the Alternative Education Facility - Phase I re increased construction cost to replace this facility and the Comprehensive Modernization Study Phases III and IV for replacement of Windsor Woods Elementary. 8. Ordinances to GRANT franchises to Old Virginia Carriage Co., LLC re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street from November 15,2006 to April 15, 2007 b. Horse-drawn carriage rides on the Boardwalk from November 15, 2006 to April 15, 2007 .!:I....~~ ....,~l ......;". . ". ~ ~.I.; ~~t' ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council approving the issuance by the City of Virginia Beach Development Authority of revenue refunding bonds for Our Lady of Perpetual Help Health Center, Inc. MEETING DATE: November 7,2006 . Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Our Lady of Perpetual Help Health Center, Inc. (the "Corporation"), requesting the issuance by the Authority of its revenue refunding bonds in an amount estimated not to exceed $14,000,000 (the "Bonds"), to (1) refund all or a portion of the Authority's outstanding $14,980,000 Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of Perpetual Help), Series 1997 (the "Series 1997 Bonds"), (2) fund a debt service reserve fund for such bonds and (3) pay certain costs of issuance incurred in connection with the issuance of such bonds. . Considerations: The matter comes before Council for its approval pursuant to ~ 15.2-4906 of the Code of Virginia which requires the municipality on behalf of which the bonds of an authority are issued to either approve or disapprove any financing recommended by such authority within sixty (60) days of the date of the Authority's public hearing. The Authority's public hearing was held on October 17, 2006. . Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of Section 15.2-4906 of the Virginia Code. . Alternatives: Not Approve, which would result in the bonds not being issued for the facilities. . Recommendations: Approval · Attachments: Location Map Resolution for City of Virginia Beach lOP Submission to Council Affidavit to Publication & Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development, dated October 17, 2006 APPROVAL Submitting Department/Agency: Development Authority ~=:tt'~~~ ;/ O<~ ""C -. VI t::::l cia 0'\ L. _.0 ..... 2. ""C ~ ~ ::::. -..J OJ ::s O'\(l)n I ~ (l) ~nC/.l w ::r C/.l -.o~ > 0<5 ~>(l) ~ ~ 0.. ::r:: (l) >6" ::r:: (l) e:.. ..... ::r n (l) ::s ..... (l) ~'""l ..... ::s ~ 1 RESOLUTION OF CITY COUNCIL 2 APPROVING THE ISSUANCE BY THE CITY 3 OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY OF REVENUE REFUNDING 5 BONDS FOR OUR LADY OF PERPETUAL 6 HELP HEALTH CENTER, INC. 7 8 WHEREAS, the City of Virginia Beach Development Authority 9 (the "Authority") has considered the application of Our Lady of 10 Perpetual Help Health Center, Inc. (the "Corporation"), 11 requesting the issuance by the Authority of its revenue 12 refunding bonds in an amount estimated not to exceed $14,000,000 13 (the "Bonds"), to (1) refund all or a portion of the Authority's 14 outstanding $14,980,000 Residential and Health Care Facility 15 First Mortgage Revenue Bonds (Our Lady of Perpetual Help), 16 Series 1997 (the "Series 1997 Bonds"), (2) fund a debt service 17 reserve fund for such bonds and (3) pay certain costs of 18 issuance incurred in connection with the issuance of such bonds; 19 and 20 WHEREAS, the Series 1997 Bonds were issued to finance the 21 costs of acquiring, constructing and equipping a facility for 22 the residence and care of the aged (the "Facility") owned and 23 operated by the Corporation and located at 4560 Princess Anne 24 Road, Virginia Beach, Virginia; and 25 WHEREAS, on October 17, 2006, the Authority held a public 26 hearing on the issuance of the Bonds and recommended that the 27 City Council of the City of Virginia Beach, Virginia (the 28 ~Council"), approve the issuance of the Series 2006 Bonds to 29 comply to Section 147 of the Internal Revenue Code of 1986, as 30 amended (the ~Code"), and Section 15.2-4906 of the Code of 31 Virginia of 1950, as amended (the ~Act"), which is applicable 32 because of the provisions of Chapter 514 of the Virginia Acts of 33 Assembly of 1983; and 34 WHEREAS, a copy of the Authority's resolution approving 35 the issuance of the Series 2006 Bonds, a fiscal impact statement 36 and a reasonably detailed summary of the comments expressed by 37 the public hearing regarding the issuance of the Series 2006 38 Bonds, have been filed with the Council. 39 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 1. The Council approves the issuance of the Series 2006 42 Bonds by the authority for the benefit of the Corporation, to 43 the extent of and as required by Section 147(f) of the Code and 44 Section 15.2-4906 of the Act, to permit the Authority to issue 45 the Series 2006 Bonds for the purposes set forth above. 46 2. The approval of the issuance of the Series 2006 Bonds 47 does not constitute and endorsement of the Series 2006 Bonds or 48 the creditworthiness of the Corporation. Pursuant to Chapter 49 643, Virginia Acts of Assembly of 1964, as amended, the Series 50 2006 Bonds shall provide that neither the Commonwealth of 51 Virginia, nor any political subdivision thereof, nor the 52 Authority shall be obligated to pay the Series 2006 or the 53 interest thereon or other costs incident thereto except from the 54 revenues and moneys pledged therefor, and neither the faith or 55 credit nor the taxing power of the Commonwealth of Virginia, or 56 any political subdivision thereof shall be pledged thereto. 57 3. This Resolution shall take effect immediately upon its 58 adoption. 59 Adopted by the City Council of the City of Virginia Beach, 60 Virginia, on the day of , 2006. CAIOl18 V:\applicalions\cilylawprodlcyeom321 WpdoesIDOOSIJ>OOII00021474.DOC R-l October 26, 2006 APPROVED AS TO LEGAL SUFFICIENCY ~# City Attorney VIRGINIA BE.~CH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com October 17,2006. The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Our Lady of Perpetual Help Health Center, Inc. Revenue Refunding Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with project Our Lady of Perpetual Help Health Center, Inc. located at 4560 Princess Anne Road, Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council October 17, 2006 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the Department of Economic Development commenting on the Project. Very truly yours, ~~ Teresa H. Carrington Secretary THC/A WS/mlg Enclosures V:\applications\citylawprod\cycorn32IWpdocsIDOO6\POO I lOOO21492.DOC THE VIRGINIAN-PILOT NORl?OLK, VIRGINIA AFFIDAVIT OF PUBLICJ!.TION The Virginian-Piloc Exhibit A _____________~~_.._.~.~.._~__.____._w~________~---+------------------------ I I I I I I i I I I I I This day,Dreama Johnson personally appeared before! me and after being duly sworn, made oath that; I 1} She is affidavit clerk or The v1rginian-~11ot, I a newspaper published by Landmark Communications I Inc., in the cities of Norfolk, portsmouth, I Chesapeake, SUffolk, and virginia Beach, Common- 1 wealth of Virginia and in the state of North I Carolina 2lThat the advertisement hereto annexed I has been pUblished in said newspaper on the date I stated. I I I I I I I I I I I I I I I I I L!NEI I HUNTON & WI~LIAMS ~51 EAST BYRD STREET RIVERFRON'r PLAZA, TO E RICHMOND, VA 23219 ~E~s.a&NCB: 39074699 15699246 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk PUBLISHED ON: 10;03 10/10 TOTAL COS-r: FILS!:> ON: N~nCEOF PlJatlC..HEARING ONPROPOSED.REVENU! BOND FINANCING BY THE CIJ'{.OF'VIRGINJA BEACH DEVELOPMENT AUTHORITY FOR OUR LADY OF PERPETUAL HELP I HEALTH ~E.CENTER, JNe~ . Not;:' IS n.reby ~ .!IIat IIie C'"" of VitJ1~ &ftch. o...loIltMnt ~ (!/Ill .~) wiU tlOi4 a pullliC. ~..nne on lII9 JPllf_ (11 0.., 4clJ of PetpelUll' Helll tleallll Cenl8r, Int.. a n/lll~ ~ nonalOCk corpote- ~on. (lIle ."CIIt\lO.alicn'). fo~ h ~llfiIY 10 _. llr.II'!uall\ ~ Ch:!f:I:or $43 !If tIl& YIl&JiJa "PS Of Asstrnbly of :1984. .. ~me" ltl19 "ACt"). illI ~ - [\Ile '.llond5"jln III. ;tnOUl1\ now-ee_ IlOl u) ~ $14.QOO.ooo. or ~ _t Of tile cO/llCri!lllli. n. Ccr,or.nion.. wnoSG llliflCiCl8l ~ or llusino$S i$ IomacI ;It ~o CatJiIofic l)ie;Ct>> CI Ili<:hlll/Xld. M.. )Qno'. 8a1l8tt, 811.~ Piaee.lr..... ::;=...:~=.='~-a~.~~.&."facillIy :~ IlCtUal Help" (the ~FJc;rl\V'J~ lit 45el) rJ:& A/Vle floed. Viflinia Be8cI\. Vi'gi'Oa. . . 1M IloI\Ct!. ere '" be 1_ 10 IWt\Itld lI. or a IlOIliCn 01 tile . AutllOtity's _ding $2.4.980.000 Reti<lenU.1.8Ild tiMIU\ Ca,a P$itity H"Il M~ Rewr1ut1l0,ul. (Qu!'~ of ~ H"~l. $c!Its 1997 (the 'RelUndeclllcllllS'). lilt ~UIIl:Ied llonCl$ -. 1a8U9d tc> 1t'l8llC8 tile _.of J;qui.. I<.g. ~na aOl4 eQUl~g tile Facili1jI. wIIich CDI\Si$I$; ct a nulti~~1ItI(8IWlAl!lleiIll!ll',"_rin J ~f;cB~ of Ijl;llQllimatll!Y 120 beds ~stIn& of 1/IrM PIVllIOll8 or .aPlll"Ollm8te1\'.:lO bbd$.'each '*'~ for ~I Cllre, and a nurs;na Cllllttt _ wltII30 l'IIIllIilII nome:_ end 30 intl!tl$~ pezsClllll _,_'In 8ddiliCln..t/le'Fac>l~ eano ~ins ,__ ari(l cllnilri mas. ftfOO\!. ~ JnQ common 81..a. Ilou,e~na. s1tlt3it en:! ~ s_ alld 0lll8I tmatn\eIll atJd.$U!lllO<t spoc... . . 1lll! publ;; heIring. wI1li:li.may be continued llt *_, .wIJl\lIlllela.ilt s:ao'o'CfDClc. ~dn. CI!'~. ~ ber 17,. 2008.""," tIIe.AtIIIloIl1l/ at.222 ClI/ltJII PatIo AYerNe, $u;;o l.CXlO. VIIiIlnill S-n. Yi~nle 23462. Ci\I. zeno of me CIty ct If$ie 8ellcn and eI1li11let j)etsOnS i~,. ~- In VIa _ or the 80ncls .!'l81 _ ~ be e=a ~11t:'U'~v'~;'act~~v:nc: ~6"d"to 8llIlIOVII1Ila ~ III ~ 8Ci\dS. A <lOP1 or lIlcI rvsoMlon to be ~ bl' !he Authority ... """ P\OIlI>: lleBf~ Will Il& eft lilt ancl ~ f;r ...c:llGn ~ tnB ~tIlo(l!y"a ~ dIlrinIlMi~s no- prior to 1118 llUDI'.c: ne$f'ing. .. .. ~ ','... . AS,......red tl\' 'h~ ACt'~ BoIIOa W;U no! ~,'IiiIi, .~rt Q' ~... tlDI"'t _'01 fila C1lmmonwaaltIl"ol'Y~ ,.... Oily or vil1lnia Baeen. Vrtg!<lia. er~ll\ll-lodl1O<ity. bUt willi l)O peyeQlt eoI8ly rtlIm __ dc6veifflo<n \l'lO "",",lty """ tI1e !UlCUtil,y ~tllted~. 7Ito ~\llI1qn\y'~ IIIGrvIN l~ 22~ I CtlI'lttol ~k fwtnIJt. $IIll>9 t 000. V1'8i'lI~ B~. Vi/litl;B :l34fl:l'. . CITY' OF VIRGINIA' lIEACtf ! lIEVEt.Of1MEHT AUTHQRItY .: ~: 11~[d V. Jellig. tNitman vP ~. 3IJ. 10. :2OOG 151l992o\6 state on the day and year commission expires J~~uary 3~, 2008 Exhibit B CERTIFICATE OF PUBLIC HEARING AND RESOLUTION The undersigned Chairman of the City of Virginia Beach Development Authority (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on October 17, 2006, at 8:30 o'clock a.m., in the Authority's offices at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent as follows: PRESENT: Dan H. BroQ"kwell, Teresa H. Carrington, Donald V. Jellig, Page G. Lea, Paul V. Michels, Jerrold L.'l\iller, Prescott Sherrod fI\ t\"" . ABSENT: C. J\ilxwell Bartholomew, Jr., Douglas D. Ellis, John V.Richardson, EH:Jlabeth A. ~hy 2. A notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the City of Virginia Beach, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with records of the Authority and are attached hereto as Exhibit A. 3. The individuals identified in Exhibit B appeared and addressed the Authority and a reasonably detailed summary of the statements made at the public hearing is included in Exhibit B. The fiscal impact statement required by the Industrial Development and Revenue Bond Act is attached hereto as Exhibit C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the unanimous vote of the Directors present and voting at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and seal of the Authority this \ f'\~ day of October, 2006. ~....~~ "b./ Chairman, City of Virginia Beach Development Authority (SEAL) Exhibits A through D to be attached: Exhibits A through D to be attached: A. Copy of Notice, Certified by Newspaper B. Summary of Statements C. Fiscal Impact Statement D. Resolution EXmBIT A Copy of Notice, Certified by Newspaper Ad IDF~899246 - -1 Date ~/2<iOt3 -: . 1 NOTICE OF PUBLIC tlEARING ON PROPOSED REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR OUR LADY OF PERPETUAL HELP HEALTH CARE CENTER, INC_ Notice is hereby g~ven that the City of Vil6inia Beach Development Authority (the "Authority") will hold a public hearing on the application of Our Lady of Perpetual Help Health Center, Inc., a not-for-profit Virginia nonstock corpora- tion, (the . Corporation "j, for the Authori"ty to issue, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the 'Act'), its revenue bonds (the 'Bonds") in an amount now estimated not to exceed $14,000,000, for the benefit of the Corporation. The Corporation, whose principal place of business is located at cIa Catholic Diocese of Richmond, Mr. John F. Barrett, 811 Cathedral Place, Rich- mond, Virginia. 23220. owns and operates a facility for the residence and care of the aged known as 'Our Lady aT Per- petual Help" (the 'Facility-}, located at 4560 Princess Anne Road, Virginia Beach, Virginia. The Bonds are to be issued to refund at! or a portion of the Authority's outstanding $14,98(),OOO Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of Perpetual Help), Series 1997 (the "Refunded Bonds"). The Refunded Bonds were issued to finance the costs of acquir- ing, constructing and equipping the Facility, which consists of a nursing center and Alzheimer's center in a one.story facility of approximateiy 120 beds consisting of three pavilions of approximately 20 beds each designed for Alzheimer's care, and a nursing center wing with 30 nursing home beds and 30 intensive personal care beds. In additi.on, the Facility con- tains food service and dining areas, therapy, recreation and common areas, housekeeping, storage and office space and other treatment and support space. The public hearing, which may be continued or adjourned, will be held at 8:30 o'clock a.m. on Tuesday, Octo- ber 17, 2006, before the Authority at 222 Central Park Avenue, Suite 1000. Virginia Beach. Virginia 23462. Citi- zens of the City of Virginia Beach and all other persons inter- ested in the issuance of the Bonds may appear and be heard. A record of the hearing will be fOlWarded to the City Council of the City of Virginia Beach. Virginia, which will be asked to approve the issuance of the Bonds. A copy of the resolution to be considered by the A'Jthority after the public hearing will be on file and open for inspection at the Authority's offices dllring business hours prior to the public hearing. As required by the Act, the Bonds wiH not pledge the credit or the taxing power of the COl11monwealth of Virginia, the City of Virginia Beach, Virginia, or the Authority, but will be payable solely from re-venues derived from the Facility and the security pledged therefor. The Authority's address is 222 Central Park Avenue, Suite 1000. Virginia Beach, Virginia 23462. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Donald V. Jellig, Chairman VP October 3 & 10. 2006 15899246 Ad shown is not actual print size Time ~ AM ___1 OCT-10-2006 11:21 THE VIRGINIAN PILOT THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF POBLICAT!ON 757 446 2ef77 P.01/01 The virginian-Pilot ---------------------~---------------_.--_._------+------------------------ I I I I I I I I I I I I This day,Dreama Johnson personally appeared before! me and after being duly sworn, ma~e Qa~ that: I l} She is affidavit clerk of Th~ v1rginian-~1~ot, I a newspaper published by Landmark Communications I Inc., in the cities of Norfolk, portsmouth, I Chesapeake, SUffolk, and virginia Beach, Common- I wealth of Virginia and in the state of North I Carolina 2)T.hat the advertisement hereto annexed I has been published in said newspaper on the date I stated. I I I I I I I I I I I I I 1 I I I LINE: I I HONTON & WILLIAMS ;1S1 EAST BYRD STREET RIVERFRONT PLAZA, TO E RICHMOND, VA 23219 REPERENCB: 3;10746;19 15S!1~~4G NOTICE OF PUBLIC HEA State of virginia City of Norfolk PUBLISHED ON: 10/03 10/10 TOTAL COST: FILED ON: No-neE.OF PliBtJc".HEARING ON .PROPOSEO.ftEVENUE" BOND FINANCING BY THE Om.OF VIRGINIA BEACH DEVaOPMENT AUTHORITY FOR OUR LADY OF PERPETUAL HELP HEALTH ~~E.CENTE~, IHe; . Notic:8 1& nereby ~ Nt ~ c:~ ~ Vil'aJni;l ll99ch. ~loIlrMnt Au~ (1M "AutIiilIl\)") WI' t19l4 , ~ublic .~,,"11ll on thl epjllicetiCll M Ollr Llr4't of PttpeWI' Helll ~~~~:.~r:~~=~=:;: ~o Ch:!PUr $43 gf 1Ile VJrr,1ri1l ~ Of Aa$tnlIlly M ;1!l84. ll5 _ndIlt (11I9 'ACt"), ila _ lionel_ ~ 'So/1d$'11n 8Il llIIlOUt1\ nOW _ Il<< to tIieeac! $1.4.000.000. tor 1119' tltnent or till Cotp(ltlidori. Th-. Corlloralion,. _ill Dlilllill8l pIllC& or busn.u i$ ~ at C/ti. tetlloliC Ci/iW6 Cf RiCtorncnd. Mr. Joll(l F. 1Iarmt, 811.C8t1led1al PillCe. Ilie,," mond. 'futinJa. 23220. _ aiIIl llll8rateS a fociIlly fO/" tile =:;~~~J~~'r~o.",~~ floeG. Vi . ia BellC/I, Vif~ . . The = lie la be tsfNOll ~ m-~ all 01 a llOIliCn 01 Ihe .AutI'IIltit!"s -Jlnfins: $1.4.$80,000 Rfti<Jen1l81. and tieelll\ care F~c:ility Rr.;t ~a RlWmut 1l0lllla (Qut'~ of Perp:WI' HIlp). $lI/'IQ1l1997 (the "RelUndedll<llllls"). 11\. Refuncted llondi wtrl 1NU9(I ~ r.'l8!ICe lIl& ,_.g/ __ir- Ing. -na 1M equi~ng ~ FKlI~. IId'lidl II"nsi;ll; of ~ nlnillC ClIn18t aM Al:heimilt." _in, "-'QIY f;chilY or ~mateIy 120 bllds OGlUlSlln& of t/IlClC pavUlOnB or .IPIlI"Wnately.:!O llIld$"'eam d\l$l~ for.~rl care. end I nutSina Ct!llttt.. wItlI30 nullillll ~_ $nlI30 ntt1l$n.: plll$llflll ~'b8l1I.'ln lldclilf"llfI;lI'Il'l'aeiIity car> ains toOft. alllVl<:e BriO cllIIlni areas. NteCy. r$'eallcitl ~no wmmcn ar.,.. ltoIltekeep,ing. '\01'1# CInd ~ I~ 8I1d olher_ft 8Il~ $plIo:... . . rM public ~ wI1li:ti.rmy lle cot\lllltleCl or lldjo-4lMd, . will il8 t1ti(l, at 8l3O' a'CJoek. ~;m. II!' ~. Octo. lIer :17,. 200$t~~Cl"lO IIlI.A\ItnoIlt:I ot.222 CanlIaI PJirk A......... Sui:\> l.\lU\I. V1r8Inill $acIl. Yifiinle 234112. Cit\. "'"" ohile 0lIy of Yillinle eeacn 8tICIalI OtIlet pe-.s ~. ~_ In ,110 i88Uance (J( the Banda "1lII1 _'"" be neara. A reeorcl of me 1laMn& wIJl be ~ \0 u.. QIty ClM1CIt 0Il!le ell) of Vlfgiflia BeJlllh. ~.. wnich WIlllle ~...~.to 1_ tile iseu8f\ee cf tile B<<>dS. A ""1>1 of tho f11SOMlOn to Il6 COI\AlCleNC by tl1e Autllarity orwr 1110 pWIll: he.~ WiG be: an file and ~ fQr ~_~l;n at tl!e Alitllot,ly'1 ~$ dlatiAg Imi__ ~ Ilnor \0 1111 Public ne~~&,.,...,,~ tot ~ AIiIi:'Ula BoI\dQ wiU not . -, >::- ' <:red~ Or 1\c IO>lI.it IlO'MlfOf 'tno CllmmanwIlIllIl'W'~ "'" c~ of Vifllnill SIICn. V~ia, lll'~~ -i!J. bUt willi bQ PiY9Dlt lKIIei)' rram f8Ytfl~ d.tiwo,1'fi"otn \lie FM'\Iy and I tM taCllti\llllltdged _. Tho AuthQrlIy'$ 0KIdIa;.; l~ 22~ Cenl/l!l ~k AWJn-4C. $UI1>t 1000. Vlraw~ e~ v..a :13.46:<-. , crrv' OF VIRGINIA' iJEAC8! btVELOPMEHT AU'1'HORItY .: 1b:!?~.~l<:I V. Jellig. Olaitman VI' ~(3'& 10. 2000 15899246 state on the day and year commission expires January 31, 2008 PAGE 111 t RCVD AT 101101200610:58:58 AM [Eastern Daylight Time} t SVR:RIRIGHTFAX/10 t DNIS:87999 t CSIO:757 4462077 * DURATION (mm-ss):0048TnTA1 P. '11 NONE SUMMARY OF STATEMENTS MADE AT PUBLIC HEARING CONDUCTED EY THE VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY ON OCTOBER 17, 2006, WITH RESPECT TO THE APPLICATION OF OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC. FOR AUTHORITY FINANCING EXHmIT B EXHIBIT C FISCAL IMPACT STATEMENT o ~ \ <'\ ,I.-OD\.c Date OUR LADY OF PERPETUAL HELP HEALTH CENTER. INC. Applicant OUR LADY OF PERPETUAL HELP Facility 1, Maximum amount of financing sought $14,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality 3. Estimated real property tax per year using present tax rates TAX EXEMPT 4. Estimated personal property tax per year using present tax rates TAX EXEMPT 5. Estimated merchants' capital tax per year using present tax rates N/A 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $558,000 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $28,000 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $1,197,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $63,000 7. Estimated number of regular employees on year round basis 146 8. Average annual salary per employee ~~ v~/ Authori airman $21,515 City of Virginia Beach Development Authority EXHIBIT D RESOLUTION RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia (the "Commonwealth") created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, under the terms of the Act, th.e Authority has, in addition to all powers enumerated, all powers to issue bonds as are. conferred upon industrial development authorities created pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "IDB Act"), including the power to (1) set the final terms and maturities of any bonds issued by the Authority in such manner as the Authority may provide, (2) acquire, improve, maintain, equip, own and sell medical facilities and facilities for the residence and care of the aged to protect and promote the health and welfare for the inhabitants of the Commonwealth, (3) use the proceeds of any bonds issued for the purpose of carrying out any of its powers, including refunding bonds previously issued and (4) as security for the payment of principal and interest on any bonds so issued, enter into agreements and to pledge the revenues therefrom to the payment of debt service on such bonds; and WHEREAS, Our Lady of Perpetual Help Health Center, Inc., a not-for-profit Virginia nonstock corporation (the "Corporation") is a not-for-profit Virginia corporation that is a tax- exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and operates a facility for the residence and care of the aged (the "Facility") in the City of Virginia Beach, Virginia (the "City"); and WHEREAS, to achieve interest rate savings, the Corporation has requested the Authority to issue its revenue bonds to (1) refund all or a portion of the Authority's outstanding $14,980,000 Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of Perpetual Help), Series 1997 (the "Series 1997 Bonds"), (2) provide for a debt service reserve fund for such bonds and (3) pay certain costs of issuance incurred in connection with the issuance of such bonds; and WHEREAS, the Series 1997 Bonds were issued to finance the costs of acquiring, constructing and equipping the Facility; and WHEREAS, there have been presented to this meeting drafts of the following instruments (the "Financing Instruments"), which the Authority proposes to execute or approve to carry out the issuance and sale of its Residential and Health Care Facility First Mortgage Revenue Refunding Bonds (Our Lady of Perpetual Help), Series 2006 (the "Series 2006 Bonds"), for the purpose of refunding the Series 1997 Bonds, copies in draft form of which instruments shall be filed with the records of the Authority: (a) Preliminary Official Statement relating to the offering of the Series 2006 Bonds (the "Preliminary Official Statement"); (b) Bond Purchase Agreement (the "Bond Purchase Agreement") between (i) the Authority, (ii) the Corporation and (iii) BB&T Capital Markets, a division of Scott & Stringfellow, Inc. (the "Underwriter"), with respect to the sale of the Series 2006 Bonds; (c) First Supplemental Indenture of Trust dated as of November 1, 2006 (the "Supplement") supplementing a Trust Agreement dated August 1, 1997 (the "Indenture"), between the Authority and U.S. Trust, National Association, as successor Trustee (the "Trustee")~ (d) First Amendment to Sale Agreement dated as of November 1, 2006 (the "Loan Agreement"), supplementing and amending an Agreement of Sale dated August 1, 1997, between the Authority and the Corporation; (e) Promissory Note of the Corporation, either in the principal amount of the aggregate principal amount of the Series 2006 Bonds or, if issued as a replacement for this note issued in 1997, in the principal amount of all bonds, including the unrefunded Series 1997 Bonds, to be outstanding (the "Series 2006 Note"), including the form of assignment thereof from the Authority to the Trustee~ and (f) Series 2006 Bonds~ and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the IDB Act, which is applicable because of the provisions of Chapter 514 of the Virginia Acts of Assembly of 1983. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: I. It is hereby found and determined that the refunding of the Series 1997 Bonds will be in the public interest of the City and its environs, and will benefit the City and its inhabitants by reducing the costs of providing facilities for the residence and care of the aged in the City and the Commonwealth and is consistent with the purposes of the Act. 2. The Authority hereby authorizes the issuance of the Series 2006 Bonds pursuant to the Indenture and the Supplement in an amount not to exceed $14,000,000, the sale of the Series 2006 Bonds to the Underwriter pursuant to the Bond Purchase Agreement and the loan of the proceeds of the Series 2006 Bonds to the Corporation pursuant to the Loan Agreement. 3. The Chairman and Vice Chairman of the Authority, either of whom may act (the "Authorized Officers"), are each hereby authorized and directed to approve the final terms of the Series 2006 Bonds, and related documents including the plincipal amount, maturities, interest rates and redemption prices and dates, and the price at which the Underwriter shall purchase the Series 2006 Bonds; provided, however, that (a) the aggregate maximum principal amount of the Series 2006 Bonds shall not exceed $14,000,000. (b) no Series 2006 Bond shall mature beyond July 1, 2027 (c) the highest fixed interest rate on any Series 2006 Bond shall not exceed 5.5%, (d) no redemption premium shall exceed 2% of principal and (e) total compensation to the Underwriters shall not exceed 2% of the aggregate principal amount of the Series 2006 Bonds. 4. approved. The use of U.S. Bank, National Association as Successor Trustee is ratified and -2- 5. The Authorized Officers are eacl1 authorized to execute and deliver the Loan Agreement, the Supplement and the Purchase Agreement. 6. The Authority ratifies and consents to the distribution by the Underwriter of the Preliminary Official Statement. The Authority deems the Preliminary Official Statement final for purposes of Rule l5c2-l2 of the Securities and Exchange Commission (the "Rule") except for information the omission of which is permitted by the Rule. The Authorized Officers are each authorized to execute and deliver to the Underwriter for distribution a final Official Statement in substantially the form of the Preliminary Official Statement reflecting the terms of the Series 2006 Bonds, with such completions, omissions, insertions and changes as the executing officer of the Authority may approve, and such officer's execution shall constitute conclusive evidence of approval of any such completions, omissions, insertions and changes. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of the Rule. 7. The Authorized Officers are each hereby authorized and. directed to accept from the Corporation the Series 2006 Note to evidence the Corporation's repayment obligation for the loan provided for in the Loan Agreement and to assign by endorsement, without recourse, and deliver the Series 2006 Note to the Trustee as security for the Series 2006 Bonds and other bonds outstanding under the Indenture. 8. The Authorized Officers are each hereby authorized and directed to execute the Series 2006 Bonds by manual or facsimile signature, and the Secretary of the Authority and the Assistant Secretary, either of whom may act, are authorized and directed to have the seal of the Authority affixed or printed thereon and to attest such seal by manual or facsimile signature. The officers of the Authority are authorized and directed to deliver the Series 2006 Bonds to the Trustee for authentication and to cause the Series 2006 Bonds so executed and authenticated to be delivered to or for the account of the Underwriters upon terms provided in the Bond Purchase Agreement. 9. The Financing Instruments and the Series 2006 Bonds shall be in substantially the forms submitted to this meeting, which are hereby approved, reflecting the terms of the Series 2006 Bonds and with such completions, omissions, insertions and changes that do not materially adversely affect the Authority's interests, as the executing officer of the Authority may approve, with the execution of any Financing Instruments constituting conclusive evidence of approval of any such completions, omissions, insertions and changes. 10. The officers of the Authority are hereby authorized and directed to execute, deliver and file all documents, certificates and instruments, including Internal Revenue Service Form 8038 and an escrow deposit agreement with respect to the refunding of the Series 1997 to be refunded Bonds, on behalf of the Authority and to take all such further action as may be necessary or desirable in connection with the issuance and sale of the Series 2006 Bonds, the refunding of the Series 1997 Bonds and the calling for redemption of the Series 1997 Bonds. 11. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the refunding of the Series 1997 '"' -J- Bonds and the issuance and sale of the Series 2006 Bonds are hereby authorized, ratified and approved. 12. The Authority hereby approves Hunton & Williams LLP as bond counsel to supervise the proceedings and approve the legality of the issuance of the Series 2006 Bonds, and approves BB&T Capital Markets, a division of Scott and Stringfellow, Inc., as the Underwriter of the Series 2006 Bonds. 13. All costs and expenses incurred in connection with the issuance of the Series 2006 Bonds and the refunding of the Series 1997 Bonds ~ including the fees and expenses of bond counsel and the Corporation's counsel, shall be paid from the proceeds of the Series 2006 Bonds to the extent allowed by law. If for any reason the Series 2006 Bonds are not issued or if the proceeds thereof cannot be used to pay all such expenses, it is understood that all such costs and expenses shall be paid by the Corporation and that the Authority shall not have responsibility therefor. 14. The Corporation shall pay any and all costs and expenses incurred by the Authority in connection with the proposed bond issue. If for any reason the Series 2006 Bonds are not issued, it is understood that the Corporation will reimburse the Authority for all of its out- of-pocket expenses relating to the proposed bond financing. 15. The Corporation hereby agrees to indemnify and save harmless the Authority, its officers, directors and employees and agents from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected with the Corporation or the issuance of the Series 2006 Bonds. 16. Any authorization herein to execute a document shall include authorization to record such document where appropriate and to deliver it to the other parties thereto. 17. The Authority hereby recommends that the City Council of the City approve the issuance of the Series 2006 Bonds and the refunding of the Series 1997 Bonds pursuant to Section 147(f) of the Code and Section 15.2-4906 of the lDB Act, as applicable to the Authority. 18. This resolution shall become effective immediately. -4- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority") hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority present and voting at a meeting duly called and held on October 17, 2006, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature this ~ay of~..,t, 2006, (SEAL) ~?~ S C'f V' . . Bh D I ecretary, Ity 0 lrgmla eac eve opment Authority Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia (the "Commonwealth") created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, under the terms of the Act, the Authority has, in addition to all powers enumerated, all powers to issue bonds as are. conferred upon industrial development authorities created pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "IDB Act"), including the power to (1) set the final terms and maturities of any bonds issued by the Authority in such manner as the Authority may provide, (2) acquire. improve, maintain, equip, own and sell medical facilities and facilities for the residence and care of the aged to protect and promote the health and welfare for the inhabitants of the Commonwealth, (3) use the proceeds of any bonds issued for the purpose of carrying out any of its powers, including refunding bonds previously issued and (4) as security for the payment of principal and interest on any bonds so issued, enter into agreements and to pledge the revenues therefrom to the payment of debt service on such bonds; and WHEREAS, Our Lady of Perpetual Help Health Center, Inc., a not-for-profit Virginia nonstock corporation (the "Corporation") is a not-for-profit Virginia corporation that is a tax.- exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and operates a facility for the residence and care of the aged (the "Facility") in the City of Virginia Beach, Virginia (the "City"); and WHEREAS, to achieve interest rate savings, the Corporation has requested the Authority to issue its revenue bonds to (1) refund all or a portion of the Authority's outstanding $14,980,000 Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of Perpetual Help), Series 1997 (the "Series 1997 Bonds"), (2) provide for a debt service reserve fund for such bonds and (3) pay certain costs of issuance incurred in connection with the issuance of such bonds; and WHEREAS, the Series 1997 Bonds were issued to finance the costs of acquiring, constructing and equipping the Facility; and WHEREAS, there have been presented to this meeting drafts of the following instruments (the "Financing Instruments"), which the Authority proposes to execute or approve to carry out the issuance and sale of its Residential and Health Care Facility First Mortgage Revenue Refunding Bonds (Our Lady of Perpetual Help), Series 2006 (the "Series 2006 Bonds"), for the purpose of refunding the Series 1997 Bonds, copies in draft form of which instruments shall be filed with the records of the Authority: (a) Preliminary Official Statement relating to the offering of the Series 2006 Bonds (the "Preliminary Official Statement"); (b) Bond Purchase Agreement (the "Bond Purchase Agreement") between (i) the Authority, (ii) the Corporation and (iii) BB&T Capital Markets, a division of Scott & Stringfellow, Inc. (the "Underwriter"), with respect to the sale of the Series 2006 Bonds; (c) First Supplemental Indenture of Trust dated as of November 1, 2006 (the "Supplement") supplementing a Trust Agreement dated August 1, 1997 (the "Indenture"), between the Authority and U.S. Trust, National Association, as successor Trustee (the "Trustee"); (d) First Amendment to Sale Agreement dated as of November 1, 2006 (the "Loan Agreement"), supplementing and amending an Agreement of Sale dated August 1, 1997, between the Authority and the Corporation; (e) Promissory Note of the Corporation, either in the principal amount of the aggregate principal amount of the Series 2006 Bonds or, if issued as a replacement for this note issued in 1997, in the principal amount of all bonds, including the unrefunded Series 1997 Bonds, to be outstanding (the "Series 2006 Note"), including the form of assignment thereof from the Authority to the Trustee; and Cf) Series 2006 Bonds; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the IDB Act, which is applicable because of the provisions of Chapter 514 of the Virginia Acts of Assembly of 1983. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the refunding of the Series 1997 Bonds will be in the public interest of the City and its environs, and will benefit the City and its inhabitants by reducing the costs of providing facilities for the residence and care of the aged in the City and the Commonwealth and is consistent with the purposes of the Act. 2. The Authority hereby authorizes the issuance of the Series 2006 Bonds pursuant to the Indenture and the Supplement in an amount not to exceed $14,000,000, the sale of the Series 2006 Bonds to the Underwriter pursuant to the Bond Purchase Agreement and the loan of the proceeds of the Series 2006 Bonds to the Corporation pursuant to the Loan Agreement. 3. The Chairman and Vice Chairman of the Authority, either of whom may act (the "Authorized Officers"), are each hereby authorized and directed to approve the final terms of the Series 2006 Bonds, and related documents including the principal amount, maturities, interest rates and redemption prices and dates, and the price at which the Underwriter shall purchase the Series 2006 Bonds; provided, however, that (a) the aggregate maximum principal amount of the Series 2006 Bonds shall not exceed $14,000,000, (b) no Series 2006 Bond shall mature beyond July 1, 2027 (c) the highest fixed interest rate on any Selies 2006 Bond shall not exceed 5.5%, (d) no redemption premium shall exceed 2% of principal and (e) total compensation to the Underwriters shall not exceed 2% of the aggregate principal amount of the Series 2006 Bonds. 4. approved. The use of U.S. Bank, National Association as Successor Trustee is ratified and -2- 5. The Authorized Officers are each authorized to execute and deliver the Loan Agreement, the Supplement and the Purchase Agreement. 6. The Authority ratifies and consents to the distribution by the Underwriter of the Preliminary Official Statement. The Authority deems the Preliminary Official Statement final for purposes of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") except for information the omission of which is permitted by the Rule. The Authorized Officers are each authorized to execute and deliver to the Underwriter for distribution a final Official Statement in substantially the form of the Preliminary Official Statement reflecting the terms of the Series 2006 Bonds, with such completions, omissions, insertions and changes as the executing officer of the Authority may approve, and such officer's execution shall constitute conclusive evidence of approval of any such completions, omissions, insertions and changes. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of the Rule. 7. The Authorized Officers are each hereby authorized and directed to accept from the Corporation ~e Series 2006 Note to evidence the Corporation's repayment obligation for the loan provided for in the Loan Agreement and to assign by endorsement, without recourse, and deliver the Series 2006 Note to the Trustee as security for the Series 2006 Bonds and other bonds outstanding under the Indenture. 8. The Authorized Officers are each hereby authorized and directed to execute the Series 2006 Bonds by manual or facsimile signature. and the Secretary of the Authority and the Assistant Secretary, either of whom may act, are authorized and directed to have the seal of the Authority affixed or printed thereon and to attest such seal by manual or facsimile signature. The officers of the Authority are authorized and directed to deliver the Series 2006 Bonds to the Trustee for authentication and to cause the Series 2006 Bonds so executed and authenticated to be delivered to or for the account of the Underwriters upon terms provided in the Bond Purchase Agreement. 9. The Financing Instruments and the Series 2006 Bonds shall be in substantially the forms submitted to this meeting, which are hereby approved, reflecting the terms of the Series 2006 Bonds and with such completions, omissions, insertions and changes that do not materially adversely affect the Authority's 'interests, as the executing officer of the Authority may approve, with the execution of any Financing Instruments constituting conclusive evidence of approval of any such completions, omissions, insertions and changes. 10. The officers of the Authority are hereby authorized and directed to execute, deliver and file all documents, certificates and instruments, including Internal Revenue Service Form 8038 and an escrow deposit agreement with respect to the refunding of the Series 1997 to be refunded Bonds, on behalf of the Authority and to take all such further action as may be necessary or desirable in connection with the issuance and sale of the Series 2006 Bonds, the refunding of the Series 1997 Bonds and the calling for redemption of the Series 1997 Bonds. 11. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the refunding of the Series 1997 " -j- Bonds and the issuance and sale of the Series 2006 Bonds are hereby authorized, ratified and approved. 12. The Authority hereby approves Hunton & Williams LLP as bond counsel to supervise the proceedings and approve the legality of the issuance of the Series 2006 Bonds, and approves BB&T Capital Markets, a division of Scott and Stringfellow, Inc., as the Underwriter of the Series 2006 Bonds. 13. All costs and expenses incurred in connection with the issuance of the Series 2006 Bonds and the refunding of the Series 1997 Bonds, including the fees and expenses of bond counsel and the Corporation's counsel, shall be paid from the proceeds of the Series 2006 Bonds to the extent allowed by law. If for any reason the Series 2006 Bonds are not issued or if the proceeds thereof cannot be used to pay all such expenses, it is understood that all such costs and expenses shall be paid by the Corporation and that the Authority shall not have responsibility therefor. 14. The Corporation shall pay any and all costs and expenses incurred by the Authority in connection with the proposed bond issue. If for any reason the Series 2006 Bonds are not issued, it is understood that the Corporation will reimburse the Authority for all of its out- of-pocket expenses relating to the proposed bond financing. 15. The Corporation hereby agrees to indemnify and save harmless the Authority, its officers, directors and employees and agents from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected with the Corporation or the issuance of the Series 2006 Bonds. 16. Any authorization herein to execute a document shall include authorization to record such document where appropriate and to deliver it to the other parties thereto. 17. The Authority hereby recommends that the City Council of the City approve the issuance of the Series 2006 Bonds and the refunding of the Series 1997 Bonds pursuant to Section 147(f) of the Code and Section 15.2-4906 of the lDB Act, as applicable to the Authority. 18. This resolution shall become effective immediately, -4- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority") hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority present and voting at a meeting duly called and held on October 17, 2006, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature this .\i'day of~'!P. 2006. (SEAL) ~S ('(co ~fVO 00 'BhD I ecretary, Ity 0 lfglma eac eve opment Authori ty Exhibit D DISCLOSURE STATEMENT Date: October 13, 2006 Applicant: Our Lady of Perpetual Help Health Center, Inc., a Virginia non- stock, not-for-profit corporation, whose sole corporate member is the Bishop of the Catholic Diocese of Richmond All Members: (ifdifferent from Applicant): Most Reverend Francis Xavier DiLorenzo, Bishop of Richmond (Catholic Diocese of Richmond) Type of Application: Refunding of City of Virginia Beach Development Authority Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of Perpetual Help), Series 1997, issued to fmance the costs of acquiring, constructing and equipping "Our Lady of Perpetual Help", a facility for the residence and care of the aged I. The Applicant is a Virginia non-stock, not-for-profit corporation. 2. The Applicant is and will be the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. Our Lady of Perpetual Help Health Center, Inc. r ,\-. "'- BY.~~) Yn~tit~ l \ ld~ fJ . ',-, Exhibit A Name Title Joan Rothrauff President Francis Foster Vice President MaryEllen Cox Secretary Robert M. McCarthy, ill Treasurer M. Susan Bucher Director Father Paschal N. Kneip, O.S.B. Director Thomas McAndrews Director Father James Parke Director Robert M. Spear, D.O. Director 782705 -2- Exhibit E VIRGINIA BEACH Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC. REVENUE REFUNDING BONDS OF RESIDENTIAL AND HEALTH CARE FACILITY FIRST MORTGAGE REVENUE BONDS SERIES 1997 The Authority recommends approval of the captioned refunding. The refunding will allow Our Lady of Perpetual Help Health Center, Inc. to achieve substantial interest savings, which will benefit the citizens of the City of Virginia Beach, Virginia by ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. Exhibit F FISCAL IM:PACT STATEMENT o ~ \ <"\, "1-0D\.o Date OUR LADY OF PERPETUAL HELP HEALTH CENTER. INC. Applican t OUR LADY OF PERPETUAL HELP Facility 1. Maximum amount of financing sought $14,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality 3. Estimated real property tax per year using present tax rates TAX EXEMPT 4. Estimated personal property tax per year using present tax rates T AX EXEMPT 5. Estimated merchants' capital tax per year using present tax rates N/A 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $558,000 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $28,000 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $1,197,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $63,000 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee ~~ v ~/ Authori alfman 146 $21,515 City of Virginia Beach Development Authority Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS 1. PROJECT NAME: Our Lady of Perpetual Help Health Center, Inc. 2. LOCATION: 4560 Princess Anne Road Virginia Beach, Virginia 23462 3. DESCRIPTION OF PROJECT: Refunding of City of Virginia Beach Development Authority Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of Perpetual Help), Series 1997, issued to fmance the costs of acquiring, constructing and equipping "Our Lady of Perpetual Help", a facility for the residence and care of the aged 4. AMOUNT OF BOND ISSUE: Not to exceed $14,000,000 5. PRINCIPALS: Joan Rothrauff, President, Our Lady of Perpetual Help Francis Foster, Vice President, Our Lady of Perpetual Help MaryEllen Cox, Secretary, Our Lady of Perpetual Help Robert M. McCarthy, ill, Treasurer, Our Lady of Perpetual Help Loryn Duncan-Marcil, Facility Administrator Mary Elyn McNichols, Executive Vice President, Coordinated Services Management, Inc. (Management Company of the Facility) Michael R. Pearrell, Vice President of Finance, Coordinated Services Management, Inc. (Management Company of the Facility) 6. ZONING CLASSIFICATION: a. Present Zoning Classification: R-75 b. Is rezoning proposed? NO c. If so, to what zoning classification? N/A 782699 Exhibit H VIRGINIA BR~CH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com October 17, 2005 Mr. Donald V. Jellig Chair Virginia Beach Development Authority 222 Central Park A venue, Suite 1000 Virginia Beach, V A 23462 Re: Our Lady of Perpetual Help Health Center, Inc. Dear Don: The Department of Economic Development concurs with the issuance of Residential and Health Care Facility First Mortgage Revenue Refunding Bonds in an amount not to exceed $14,000,000 for Our Lady of Perpetual Help Health Center, Inc. The issuance of these bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. I will be happy to answer any questions you may have at our meeting of October 17th. Sincerely, --\"\~ W~ Mark R. Wawner Project Development Coordinator /lls r ~~ ,{~1"-'-"~.':~% ft:of. --\~) ~o; . ::;) \:~:::- ::J ~"":."4: -~.Jll.J ~,"~..~:r ~"...,.., "'" \... CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: A Resolution Authorizing Submission of Virginia Military Strategic Response Fund Application and Virginia Military Strategic Response Fund Agreement with the Virginia National Defense Industrial Authority MEETING DATE: November 7,2006 . Background: On December 20, 2005, City Council adopted a "Plan for Compliance with the BRAC Commission's Decision Regarding NAS Oceana." In accordance with this plan, on March 28, 2006, the City Council adopted other ordinances and programs (collectively, the "Oceana Land Use Conformity Program") to make funds and incentives available for the purposes of encouraging the voluntary replacement or relocation of nonconforming uses in Accident Potential Zone 1 (APZ-1), as determined pursuant to the Department of the Navy's OPNAV Instruction 11010.36B and Section 1804 of the City Zoning Ordinance, so as to facilitate efforts of both the private and public sectors that will roll back encroachment by nonconforming uses in APZ-1. The Oceana Land Use Conformity Program encourages the development of uses and structures in APZ-1 that are compatible with both flight operations arising out of NAS Oceana and established residential neighborhoods. The Oceana Land Use Conformity Program ensures that the development and redevelopment of conforming uses in APZ-1 occurs only where and when it can be accomplished in a manner that is clearly not detrimental to established residential neighborhoods within APZ-1 and in a manner consistent with sound planning and land use principles to promote the orderly and compatible co-existence of different uses in APZ-1. Adoption of the Oceana Land Use Conformity Program signaled City Council's intention to comply with the BRAC Commission's mandate to establish a program to condemn and purchase all the incompatible use property and to expend at least $15 million annually in furtherance of such program. . Considerations: The City Council has anticipated that the Commonwealth of Virginia will share equally with the City in meeting the annual $15 million per year expenditure requirements. This resolution authorizes the City Manager to apply for BRAC funds from the Virginia Military Strategic Response Fund and execute an agreement with the Virginia National Defense Industrial Authority regarding the distribution of funds and requirements associated with receiving such funds. . Public Information: Information will be disseminated through the regular Council agenda notification process. . Recommendations: Approval. . Attachments: Resolution Recommended Action: Approval. ~ Submitting Department/Agency: Department of Management Service~ City Manager~)L . de&'\. 1 2 3 4 5 6 7 8 A RESOLUTION AUTHORIZING SUBMISSION OF VIRGINIA MILITARY STRATEGIC RESPONSE FUND APPLICATION AND VIRGINIA MILITARY STRATEGIC RESPONSE FUND AGREEMENT WITH THE VIRGINIA NATIONAL DEFENSE INDUSTRIAL AUTHORITY WHEREAS, the Virginia General Assembly during its 2005 9 Session created the Virginia National Defense Industrial 10 Authority ("Authority") to provide technical assistance and 11 coordination between the Conunonwealth, its political 12 subdivisions, and the United States military and national 13 defense activities located in the Conunonwealth; and 14 WHEREAS, the Authority is empowered to enter into 15 agreements and to make grants to benefit Virginia by responding 16 to the BRAC 2005 actions which were adopted by both the 17 President and the U.S. Congress; and 18 WHEREAS, the Authority has initiated a grant program 19 entitled the "Virginia Military Strategic Response Fund;" and 20 WHEREAS, the City Council has the authority to enter into 21 agreements and receive funds for such purposes; and 22 WHEREAS, the City Council authorizes the City Manager to 23 submit such applications as are necessary and appropriate for 24 the City to receive grant funds for these purposes. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 1. That the City Manager, James K. Spore, or his designee 28 is hereby authorized to submit to the Virginia National Defense 29 Industrial Authority (Authority) I a Virginia Military Strategic 30 Response Fund Application (Application) and to enter into a 31 Virginia Military Strategic Response Fund Agreement (Agreement) 32 with the Authority; 33 2. That the City Manager I James K. Spore I or his designee 34 is authorized to execute and deliver the Application and the 35 Agreement in the name of and on behalf of the City as well as 36 such other agreements and documents as are contemplated by the 37 Application and the Agreement or are otherwise necessary in 38 connection with the Application and/or Agreement I as he shall 39 deem appropriate; 40 3. That all actions previously taken or that will be 41 taken by any officerl manager I official employee or agent of the 42 City in connection with or related to the matters set forth in 43 or reasonably contemplated by the foregoing resolutions be and 44 each of them hereby is adoptedl ratified and confirmed and 45 approved in all respects. 46 Adopted by the Council of the City of Virginia Beachl 47 Virginial on the day of I 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services \)~ t K .~^_ City Attorney/s fice HG~u"'\0~ CA-10202 V:\applications\citylawprod\cycom32\Wpdocs\D031\P001\OO022849.DOC R-4 October 31, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Provide Law Enforcement Officer Benefits to Emergency Medical Services Technicians MEETING DATE: November 7,2006 · Background: House Bill 37, enacted by the 2006 General Assembly, amends 951.1- 138 of the Code of Virginia, effective July 1, 2006. The amended law provides that upon adoption of a resolution by a local. governing body, full-time salaried emergency medical technicians now may receive benefits equivalent to those provided to the State police officers. Currently, Virginia Beach provides these enhanced benefits to law-enforcement officers, sheriff's employees and full-time salaried fire fighters. The enhanced benefits mainly are: (1) unreduced retirement benefits at age 50 with 25 years service and (2) payment of the Law Enforcement Officer supplement (currently $10,704 annually) from the date of retirement until the retiree reaches full social security age. . Considerations: After reviewing an actuarial study by Palmer and Cay, the Finance Department has concluded that providing these enhanced benefits will result in an additional cost to the City of approximately $99,500 for the remainder of this year. If the City provides these benefits, the City's VRS contribution rate will increase from 17.18% to 17.24% of covered payroll. The new rate would be effective December 1, 2006. For the full year of FY 2007-08, the additional cost is projected at $152,400. . Public Information: Public information will be provided through the normal Council agenda process. . Alternatives: The City is not required to provide these benefits, and the City may elect not to provide them. It is expected that such benefits will be a significant recruiting and retention tool. Two current EMS employees would be eligible for unreduced retirement as of the effective date of this resolution. The majority of the remaining forty-three technicians have relatively few years of service. . Recommendations: Adopt the attached resolution to provide enhanced pension benefits to emergency medical technicians at the same level as police officers, firefighters, and sheriff's deputies. · Attachments: Resolution and VRS Information on Special Benefits Recommended Action: Approval of Resolution-~ Submitting Department/Agency: Finance 2'S1:2/"'lUl(- City Manager~ V- . "OBlYl1. 1 2 3 A RESOLUTION TO PROVIDE LAW ENFORCEMENT OFFICER BENEFITS TO EMERGENCY MEDICAL SERVICES TECHNICIANS 4 WHEREAS, the City of Virginia Beach currently participates 5 in the Virginia Retirement System under Title 51.1, Chapter 1, 6 Article 5 of the Code of Virginia; and 7 WHEREAS, political subdivisions participating in the 8 Virginia Retirement System may elect to provide enhanced 9 benefits to employees who are employed In law enforcement 10 positions comparably hazardous to those of state police 11 officers; and 12 WHEREAS, the City previously elected to provide enhanced 13 law enforcement benefits to police officers, sheriff's deputies, 14 and full-time salaried fire fighters; and 15 WHEREAS, recent amendments to section 51.1-138 of the Code 16 of Virginia permit local governments to extend enhanced law 17 enforcement officer benefits to full-time, salaried emergency 18 medical technicians; a~d 19 WHEREAS, the City desires to extend enhanced law 20 enforcement officer benefits to the City's full-time, salaried 21 emergency medical technicians. 22 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 1) That the City hereby elects to have employees of the 25 City who are employed as full-time, salaried emergency medical 26 technicians and whose tenure is not restricted as to temporary 27 or provisional appointment to become eligible, effective 28 December 1, 2006, to be provided benefits in the Virginia 29 Retirement System equivalent to these provided for state police 30 officers, as set out in Section 51.1-138 of the Code of Virginia 31 (as amended or as may be amended from time to time), in lieu of 32 benefits that would otherwise be provided; 33 2) That the City hereby agrees to pay the increased 34 employer cost for providing such employees such benefits; 35 3) That the City Manager is hereby authorized and 36 directed to execute any required contract in order that the 37 above-described employees of the City may become .enti tIed to 38 retirement benefits equivalent to these provided for state 39 police officers; 40 4 ) That in execution of any contract which may be 41 required, the City seal shall be affixed and attested by the 42 City Clerk; and 43 5) That the City Manager and City Clerk are hereby 44 authorized and directed to do any other things incident and 45 necessary in the lawful conclusion of this matter. 46 6) That the City Treasurer is hereby authorized and 47 directed to pay over to the Treasurer of Virginia from time to 48 time such sums as are to be paid by the City and its employees 49 for this purpose. 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~C^~ Finance Depa tment , Idlm E. K. -4l-{r-- . City Attorney's Off' e - CA10181 V:\applications\citylawprod\cycom32\Wpdocs\D010\P001\OO021669.DOC R-2 October 13, 2006 SPECIAL BENEFITS FOR LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS Political subdivisions participating ~ the Virginia Retirement System may elect to provide benefits equivalent to those of the State Police Officers Retirement System for those of the subdivision's employees who are employed in l~w enforcement positions comparably hazardous to that of a State Police Officer. This includes any sworn law enforcement officer who has the duty and obligation to enforce the penal, traffic, and highway laws of this State as directed by his superior officer, if so certified by his appointing authority. Full-time salaried firefighters are also eligible to be covered under the special benefits at the' option of the political subdivision. The primary differences between the "special" benefits and the regular VRS benefits are: 1. The normal retirement age under the special provisions is 60 rather than 65. Early retirement is permitted at any time between ages 50 and 60 as long as the employee has at least five years ofVRS service credit. 2. For retirement between age 50 and 60, the actuarial reduction for early retirement is computed from the earlier of (i). age 60, or (ii) the first date on or after his fiftieth birthday on which the member would have completed 25 years of creditable service. No reduction is applied if the member has 25 years of credit. 3. From date of retirement until the later of age 65 or the age a member is eligible for unreduced social security benefits, an additional $892 per month is payable as a supplement. To be eligible for the supplement, the member must have been employed on or after July 1, 1974, and have 20 or more years of credited service rendered in a hazardous position. If employed before July 1, 1974, the additional allowance is payable regardless of the years of credited service rendered in a hazardous position. 4. The vested termination benefit available after 5 years of service may begin at age 50 or later; however, the additional monthly supplement is payable only if the member had 20 or more years of credited service. If employed on or after July 1, 1974, the member must have 20 or more years in a hazardous position. 5. The additional allowance is not payable in the case of a disability retirement or to an individual receiving a survivor benefit. The cost to each individual member is not affected if the special benefits are made available. However, the cost to the employer will increase. The amount of such increase is included in a revised employer contribution rate applicable to the total compensation of all covered employees, not just to those eligible for the special benefits. The new rate is determined by calculations made by the VRS' actuaries, Palmer & Cay. In order for the new employer rate to be determined, this office should be sent the estimated effective coverage date (this must be the first of a month) and an alphabetical list, in an electronic file, of all employees who would be eligible for the special benefits, showing the Social Security number for each person, date of birth, date ofhire and current annual salary. The cost of the actuarial study'will be $1000 and will be bill directly to the employer upon completion of the study. After the governing body has reviewed the. actuarial report, it may request the special benefits by adoption of a resolution, a mode1ofwhich is available from the VRS. The VRS will confirm approval of coverage in writing. Once the request is approved by VRS, all VRS members employed in the designated positions must be included in the new benefit program. Please direct questions concerning these special benefit provisions to: Susan M. Keith Employer Representative Program Manager Virginia Retirement System P. O. Box 2500 Richmond, Virginia 23218-2500 Telephone: (804) 344-3156 (Revised: 812005) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Elizabeth S. Chupik to the Position of Assistant City Attorney MEETING DATE: November 7,2006 . Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." . Considerations: The Resolution appoints Elizabeth S. Chupik as an Assistant City Attorney, effective November 16, 2006. . Recommendations: It is recommended that City Council adopt the attached resolution. Ms. Chupik will be working in the Real Estate Section of the City Attorney's Office. . Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney City Manager: 1 A RESOLUTION APPOINTING ELIZABETH S. 2 CHUPIK TO THE POSITION OF ASSISTANT 3 CITY ATTORNEY 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That pursuant to ~ 2-166 of the City Code, Elizabeth S. 8 Chupik is hereby appointed to the position of Assistant City 9 Attorney, effective November 16, 2006. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2006. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY -::e ~ r--- CITY ATTORNEY'S OFFICE CA-10201 V:\applications\citylawprod\cycorn32\Wpdocs\D031\P001\OO022836.DOC R-1 October 31, 2006 ",IA'BE.."'" ~,~ ( :+~ . ,,' .^!~) ~ ~~.) ~7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-302 Pertaining to Parking Trailers on City Streets MEETING DATE: November 7, 2006 . Background: Trailers parked by the curbs of City streets are often hard to see because they are situated low to the ground and often have no cargo or equipment on them that would make them more visible. Currently the owner of a trailer that is parked on a City street is not required to take any steps to visually alert oncoming traffic to the trailer's presence. This creates a potential danger to vehicular safety. . Considerations: This amendment will require the owner of a trailer parked on a City street to either fit the trailer with reflective tape/sheeting or display a reflective cone in order to make the trailer more visible to approaching traffic. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: Approve . Attachment: Ordinance Recommended Action: Approval Requested by: Councilmember McClanan Submitting Department/Agency: Police Department City Manager: REQUESTED BY COUNCILMEMBER MCCLANAN 1 2 3 AN ORDINANCE TO AMEND SECTION 21- 302 OF THE CITY CODE PERTAINING TO PARKING TRAILERS ON CITY STREETS 4 SECTION AMENDED: 21-302 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 21-302 of the Code of the City of Virginia 8 Beach, Virginia, is hereby amended to read as follows: 9 Sec. 21-302. Stopping or parking on highways generally. 10 (a) Except when actually loading or unloading merchandise, 11 as permitted in this Chapter, no vehicle shall be stopped except 12 close to and parallel to the right-hand edge of the curb or 13 roadway, except that a vehicle may be stopped close to and 14 parallel to the left-hand curb or edge of the roadway on one-way 15 streets or may be parked at an angle, where permitted. 16 (b) Except when actually loading or unloading merchandise, 17 as permitted in this Chapter, no vehicle shall be stopped except 18 close to and parallel to the right-hand edge of the curb or 19 roadway, except that a vehicle may be stopped close to and 20 parallel to the left-hand curb or edge of the roadway on one-way 21 streets or may be parked at an angle, where permitted. 22 23 (c) All trailers with a gross vehicle weight of less than 24 10,000 pounds shall either be fitted with reflective tape or 25 sheeting on the rear upright side posts of the trailer in a 26 manner clearly visible to approaching traffic, or shall place a 27 reflective cone behind the rear portion of the trailer which is 28 closest to the center of the street. 29 COMMENT 30 This amendment will require trailers parked on City streets to either be retrofitted with 31 reflective tape/sheeting or to display a reflective cone so it will be more visible to approaching 3 2 traffic. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -.5r/'1'J>~~ Police Depart e ~~iCe- CA-10195 v:\applications\citylawprod\cycom32\Wpdocs\D023\P001\O0022385.DOC R-2 October 25, 2006 , ~~"\~:~~,, ;;?~..- ,x~) i;~ .. "' :~, ~~!~ '~'J.~ 6.~"'" . .~11 r.::::.,,~~~~~~~lJ' ~.r '""" \,. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Bass Inlet (aka Mill Creek) located adjacent to 344 Back Bay Crescent, for property owners, Stephen G. Corey and Deborah A. Corey. MEETING DATE: November 7, 2006 . Background: Stephen G. Corey and Deborah A. Corey have requested permission to construct and maintain a proposed boat lift and piles (4), upon City property known as Bass Inlet (aka Mill Creek) located adjacent to 344 Back Bay Crescent, Virginia Beach Virginia. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bass Inlet (aka Mill Creek) that have approved permits as well encroachment agreements with the City. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Location Map and Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate~'y> ~ PM City Manage~ l, ~~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET (AKA MILL 7 CREEK) LOCATED ADJACENT TO 8 344 BACK BAY CRESCENT, FOR 9 PROPERTY OWNERS, STEPHEN G. 10 COREY AND DEBORAH A. COREY 11 12 WHEREAS, Stephen G. Corey and Deborah A. Corey desire to 13 construct and maintain a boat lift and piles (4) in a portion of 14 the City's property known as Bass Inlet (aka Mill Creek) located 15 adjacent to 344 Back Bay Crescent. 16 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 17 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 18 authorize temporary encroachments upon the City's property 19 subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof 23 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 24 as amended, Stephen G. Corey and Deborah A. Corey, their heirs, 25 assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for a boat lift and piles (4) 27 in a portion of the City's property known as Bass Inlet (aka 28 Mill Creek) as shown on the map marked Exhibit "An and marked: 29 "PLAN VIEW PROPOSED BOAT LIFT" and "LOCATION: 344 BACK BAY 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CRESCENT, VIRGINIA BEACH, VA 23456 N. BACK BAY" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Stephen G. Corey and Deborah A. Corey (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Stephen G. Corey and Deborah A. Corey and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, day of 2006. the on , 2 CA-10012 R-l PREPARED: 07/24/06 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM .'\.1 1~ 7 ' : "f , : . ~ (fl.1(1\ I '- ~ j ~, . CIT ATTORNEY OnJmf& C. ~Wl .b ~ATURE fib Rttd (datE DEPARTMENT X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10012 Corey. doc \ \vbgov. com\dfsl \applications\city1awprod\cycom32\WpdoCS\D031 \P001 \00018315. DOC 3 PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTION 58.1-81l(C)(4) THIS AGREEMENT, made this .lli day of July, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal cOIporation of the Commonwealth of Virginia, Grantor, "City", and STEPHEN G. COREY and DEBORAH A. COREY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 62, Section 3, Back Bay Meadows, as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA. SCALE 1" = 100'," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 344 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift and piles (4), collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet (aka Mill Creek) adjacent to 344 Back Bay Crescent, "the Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 2433-33-0267 (BASS INLET (AKA MILL CREEK)) 2433-22-8768 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PLAN VIEW PROPOSED BOAT LIFT", and "LOCATION: 344 BACK BAY CRESCENT, VIRGINIA BEACH, VA, 23456 N. BACK BAY", dated May 12,2006, a copy of which is attached hereto as Exhibit "A," and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encro achment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, STEPHEN G. COREY and DEBORAH A. COREY, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 ~DNt (M-tJr De orah A. Corey STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF CITY/COUNTY OF VHt"I\lIA :6€Ac.x\ , to-wit: The foregoing instrument was acknowledged before me this 25f1'\ day of ~JG.~'f ,2006, by Stephen G. Corey. ~-r6~~ Notary PublIc My Commission Expires: 3;15/0 S STATE OF CITY/COUNTY OF "lD.~WIA Be}t:~ , to-wit: The foregoing instrument was acknowledged before me this1J5+' day of AdG:) II ~T , , 2006, by Deborah A. Corey. My Commission Expires: .y!sjog ~=~~ otary PublIc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM rd 1.~' il"~". '. (Ad ~" C. ~4,- ~ SI ATURE pw RreJ F-td-crtt DEPARTMENT G:\USERS\SHARED\ WP80\RE\Real Estate Forms\ WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 6 : EXHIBIT "A" This is to cerlifYlhs/l. on2!l July 2005, SUlVS}IBd /he pmpelly shOWT1 on this plat. EUldtha/lhs Welinss find /he ': walls afthil bUI1t6ngs ani /IS shown on this ptsL . . 7lJs buikf/llf1S sland strictly within the Ws lines snd IhIH9 are no em:tDBr;/7msnr.: of othsrbuiJdings on th" . '/JlD/:18,1IySJa:ePtssshawn, "".4- ' l~'~~ Mill Creek - City of Virginia Beach (AKA Bass Inlet) Boat Lift ~ Propo",,, Uft P;I05 (4) ---- .. . 22' from Existing Bulkhead: ':><" . First seawarc{piles, no~ to ex~eed 2.0' from eXisti~g dock ..,.;-- ~::'. _'. S 37"31'58- E dodc- Adj~cent -' Moyer "61" , Lot Line y J s ~ F.- 0) ...: Wood fenca {Iyp;} 0> v- 3rd lloar deck . 13rd floor ~ . SQ"e8n patch r "\ ...4 ~ ZO.7" x - x- cOndenser ~ go ~ 'r,! .!"f;J CZ) ~ '" CI) "" Adjacent - Knepp 0053" ....' "," 56.57' N 31037'00' W PHYSICAL SURVEY. LOT 62 SECTION 3 BACK BAY MEADows M.s. OT P. 45 VIRGINIA BEACH. VIRGINIA SCALE l' = 30' . 26 JUI.. Y 2005 MADE FOR: SiEVE COREY & DEBBIE CORc""Y Scale 40:1 SONII'ANi" lAND SURIIEYS P.O. BOX 8:!85 _a...... VA 23456 (7S7) 425-3361 Adjacent Property Owners Linda A. and Thomas Knepp Karen Moyer Plan View Proposed Boat Lift Location: 344 Back Bay Crescent Virginia Beach VA 23456 . N. BacK Bay Nat. Geodetic Vertical Datum Page 1 of 1 Applicant: Steve Corey Date: May 12, 2006 . .c c:" =! tlI III 0- .Cl 1Il 0) f . I: tlI U ;;A.41 .!!C")j,i" x .. :r .011I ONO SITE 8.4CI( 8.4y C lT~sc BACK BAY 100 200 LOCATION MAP ENCROACHMENT REQUEST FOR STEPHEN AND DEBORAH COREY! 344 BACK BAY CRESCENT ~ GPIN 2433-22-8768 \ o . 400 . Feet Prepared by PW.lEng.lEng. Support Services Bureau 6/28/06 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $935,000 within Various School CIP Projects to Fully Fund CIP Project # 1-082, Alternative Education Facility - Phase I, and CIP Project # 1-098, Comprehensive Long Range Facilities Planning Study MEETING DATE: November 7, 2006 . Background: The Alternative Education Facility - Phase I (CIP Project # 1-082) provides a replacement facility for School Plant, Supply Services, Custodial Services and Safe Schools/Risk Management. This facility is under construction (70% complete) in Corporate Landing, and is scheduled to open in the spring of 2007. The existing facility, which is located on Cleveland Street, is deteriorating and has insufficient space to accommodate the needs of the school division. This facility is scheduled for demolition in the summer of 2007 when the Alternative Education Facility - Phase II (CIP Project #1-085) project breaks ground. Also included in the School's CIP (CIP Project # 1-098) is their Comprehensive Long Range Facilities Planning Study, which will provide a road map for the school division to anticipate the changing requirements and demands for school facilities and understand the funding and schedule constraints that accompany these demands. . Considerations: As staff have documented on many City and School projects, construction costs have escalated at a much greater rate than traditional measures of inflation such as the Consumer Price Index. This is particularly true for steel prices. As a result of these cost increases, an additional $685,000 (4.2% of project costs) is required to complete the Alternative Education Facilities - Phase I. School staff has negotiated the project scope and fee with the design team for the Comprehensive Long Range Facilities Planning Study. The scope of services and the design fee exceed what was originally estimated for this study by $250,000. Surplus funds in other completed or under budget capital projects have been identified to fully fund these projects, as outlined in the following table: From Windsor Woods Elementary Replacement (#1-227) Srookwood Elementary Replacement (# 1-228) Amount $200,000 $400,000 $85,000 $30,000 Pembroke Elementary Modernization (# 1-222) Comprehensive Plan Modernization Study Phase III (# 1-072) To Alternative Education Facility - Phase I (# 1-082) Alternative Education Facility - Phase 1(# 1-082) Alternative Education Facility - Phase I (# 1-082) Comprehensive long Range Facilities Planning StudY (#1-098) Comprehensive Plan Modernization Study Phase IV $135,000 (# 1-073) Comprehensive Long Range Facilities Planning Study (#1-098) Comprehensive Long Range Facilities Planning Study (#1-098) Windsor Woods Elementary Replacement (# 1-227) $85,000 Total $935,000 . Public Information: Public information will be handled through the normal council agenda process. . Recommendations: Approve transfer of funds. . Attachments: Ordinance and School Board Resolution Recommended Action: Adopt Ordinances Submitting Department/Agency: Schools City Manager:U \L ~~ 1 AN ORDINANCE TO TRANSFER $935,000 WITHIN 2 VARIOUS SCHOOL CIP PROJECTS TO FULLY FUND CIP 3 PROJECT #1-082, ALTERNATIVE EDUCATION FACILITY 4 PHASE I, AND CIP PROJECT # 1-098, 5 COMPREHENSIVE LONG RANGE FACILITIES PLANNING 6 STUDY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 1. That $685,000 is hereby transferred to CIP Project #1- 11 082, Alternative Education Facility Phase I, to fund the 12 increased cost of construction of this replacement facility from 13 the following projects in the amounts set forth below: 14 a. $200,000 from CIP Project #1-227, Windsor Woods 15 Elementary Replacement. 16 b. $400,000 from CIP Project #1-228, Brookwood Elementary 17 Replacement. 18 c. $85,000 from CIP Project #1-222, Pembroke Elementary 19 Modernization. 20 2. That $250,000 is hereby transferred to CIP Project #1- 21 098, Comprehensive Long Range Facilities Planning Study, to fully 22 fund this study from the following proj ects in the amounts set 23 forth below: 24 a. $30,000 from CIP Project #1-072, Comprehensive 25 Modernization Study Phase III. 26 b. $135,000 from CIP Project #1-073, Comprehensive 27 Modernization Study Phase IV. 28 c. $85,000 from CIP Project #1-227, Windsor Woods Elementary 1 29 Replacement. . Adopted by the Council of the City of Virginia Beach, 30 31 32 day of Virginia, on the APPROVED AS TO CONTENT: }) WVl) U. ~^/11 ~ Management se~ I , 2006. APPROVED AS TO LEGAL SUFFICIENCY: J)V)U}. K.,1if^ City Attorney's Offi - CA10197 v:\applications\citylawprod\cycom32\Wpdocs\D026\POOl\OO022699.DOC R-2 October 27, 2006 2 SCHOOL BOARD Daniel 0, Edwards Chairman District 1 . Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) .717.0259 (c) Rita SWlIlIl Bellltto Vice Chairman At-Large P.O. Box 6448 VA Beach. VA 23456 418-0960 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach, VA 23456 427-3330 (w) . 285-9409 (c) Emma L "Em" Davli District 5 . Lynnhaven 1125 Michaelwood Drive VA Beach. VA 23452 340-8911 (h) Pwlcia G. Edmonson District 6 . Beach 401-205 Harbour Point VA Beach, VA 23451 428-5240 (h) Edward F. Flsslnger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowa District 4 - Bayside 4S 17 Red Coat Road VA Beach, VA 23455 490-3681 (h) Lyndon S. Remlas District 7 - Princess Anne 3225 Nansemond Loop VA Beach. VA 23456 630~102 (c) Sandra Smlth-Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stawart Dismcl 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) .445-4637 (w) Csrolyn D. Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 +- IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS WHEREAS, A contraa was awarded in June. 2005 for the Alternative Education Facility - Phase 1 (School P1antlSupply Relocation) project; and WHEREAS, The projea is currently approximately seventy percent complete; and WHEREAS, as a result of the continued increase in steel prices over the past two years, the cost of equipping this facility exceeds original estimates; and WHEREAS, staff has negotiated the projea scope and fee for the Comprehensive Long Range Facilities Planning Study; and WHEREAS, the scope of services and design fee exceed original estimates; and WHEREAS. unencumbered funds are available in other ongoing capital projects, which are either under budget or complete; NOW, THEREFORE. BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I. That the School Board requests that City Council approve transfers as follows: From CIP 1-227 Windsor Woods Elementary Replacement CIP 1-228 Brookwood Elementary Replacement CIP 1-222 Pembroke Elementary Modernization CIP I-On Comp Modernization Study Phase III CIP 1-073 Comp Modernization Study Phase IV CIP 1-227 Windsor Woods Elementary Replacement Total Amount To CIP 1-082 $200,000 Alternative Education Facility - Phase 1 CIP 1-082 400,000 Alternative Education facility - Phase I CIP 1-082 85,000 Alternative Education Facility - Phase 1 CIP 1-098 Comprehensive Long Range 30,000 Facilities Planning Study CIP 1-098 Comprehensive Long Range 135,000 Facilities Planning Study CIP 1-098 Comprehensive Long Range 85,000 Facilities Planning Study $935,000 2. That a copy of this resolution be delivered prompdy to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 1 P' day of Oaober 2006 ?-h.- f~~ Rita Sweet Bellitto. Vice Chairman SEA L Attest: ~-p,~ Dianne P. Alexander, Clerk of the Board School Administration Building · 2512 George Mason Drive . P.O, Box 6038 · Virginia Beach, VA 23456.0038 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A proposal allowing the City Manager to issue a franchise agreement to allow for horse rides on the beach and carriage rides on the boardwalk from November 1 to April 15. MEETING DATE: November 7, 2006 . Background: On February 28, 2006 City Council approved a pilot program to allow the Convention and Visitors Bureau the opportunity to evaluate horse rides on the beach and carriage rides on the boardwalk before requesting a permanent franchise to operate during the winter months. Based on City Councils actions, City Code Section 6-12 was modified to allow horse rides on the beach under a Special Event Permit until February 28,2007. The pilot program was conducted between March 15th and May 4th involving 7 horses walking single file on the beach bevNeen 30th and 1 ih Street. During the same period, a pilot program with horse drawn carriage rides on the boardwalk under a Special Event Permit was evaluated which did not require a modification of any city ordinance. The response to both programs was very positive and we received many positive emails from visitors regarding their experience. The Resort Advisory Commission, Virginia Beach Hotel/Motel Association, Virginia Beach Restaurant Association and Virginia Beach Retail Association have written letters in support of continuing the program on permanent bases during the winter months. On September 5,2006 City Council approved an amendment to City Code Section 6-12 to allow horses on the beach between November 1 st and April 15th either by Special Event Permit or Franchise. On October 6, 2006 the City Purchasing Department issued an invitation to bid to soliciate franchise proposals to operate the horse trail rides and carriage ride. Responses to the invitation to bid were evaluated by a selection committee and a qualified organization was selected which met the qualifications of the proposed franchise. . Considerations: The proposal would allow the City Manager to execute franchise agreements with Old Virginia Carriage Co., LLC for horse rides on the beach and carriage rides on the boardwalk from November 1 to April 15. Approval of these franchises will provide an additional amenity for visitors and residents visiting the resort area in the winter months. . Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. . Resort Advisory Commission Recommendation: Adoption Staff Recommendation: Approval . Attachments: Ordinances (2) and Summary of Contract Terms (2) Submitting DepartmentlA~~ncy: Convention & Visitors Bureau .:Wt F City Manager~ '(. . D6lV>t 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO OLD VIRGINIA CARRIAGE CO., LLC TO CONDUCT GUIDED HORSE TOURS ON THE SAND BEACH BETWEEN RUDEE INLET AND 42ND STREET WHEREAS, the City staff has solicited proposals for the 7 operation of guided horse tours on the sand beach between Rudee 8 Inlet and 42nd street between the dates of November 15, 2006 and 9 April 15, 2007 (the initial term) with the possibility of 10 extending the right to operate for up to four (4) additional 11 terms; 12 WHEREAS, the City staff has reviewed all proposals and has 13 made a recorrnnendation to the City Council that a franchise be 14 awarded to Old Virginia Carriage Co., LLC; and 15 WHEREAS, the City Council agrees with the recorrnnendation of 16 the City staff and finds that the award of a franchise to Old 17 Virginia Carriage Co., LLC will promote the public interest and 18 will serve to enhance the festive atmosphere at the oceanfront. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That a franchise is hereby granted to Old Virginia 22 Carriage Co., LLC to operate guided horse tours on the sand 23 beach between Rudee Inlet and 42nd Street. 24 2. That the grant of the franchise is subject to the terms 25 of the Franchise Agreement which has been presented to the City 26 Council and the terms of the Invitation to Bid which were 27 disseminated for this proposal. 28 3. That the City Manager or his designee is authorized to 29 executed the Franchise Agreement which is hereby approved. 30 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on the day of , 2006. Approved as to Content Approved as to Legal Sufficiency: ~~ Convention and Visitors Bureau CA10200 V:\applications\citylawprod\cycom32\Wpdocs\0030\P001\OO022815.00C October 30, 2006 R-1 2 GUIDED HORSE TOURS Summary of Contract Terms Franchisee: Old Virginia Carriage Co., LLC Nature of Franchise: Guided horseback rides on sand beach between Rudee Inlet and 42nd Street. Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both parties, the Agreement may be extended for up to four (4) additional terms, each running from November 15 to April 15 of the next year. Franchise Fee: $2,500 for the initial term. If the Agreement is extended for additional terms, the parties must agree to a new fee and state the fee in a separate writing before November 1 of the year of the new term. Non Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: . Appropriate training of operators . Walking pace for horses . Limit of nine (9) horses on a tour . City must review and approve an operating plan which recognizes different experience levels of riders . Horses must have appropriate ability, training and demeanor . Helmets required . Bun Bags to be used . Manure collected and disposed . Horses to be rabies free and have negative Coggins certifications . Temporary corral . No unloading on Boardwalk . Equipment to be in good condition . No solicitations on public property . Operator must be employee of Franchisee and operator must be with tour patrons at all times . Employees to wear attire which identifies the tour operation . No advertisement other than the name of the operation and the fee and location of the tour station shall be placed on the property Hold Hannless: Franchise indemnifies and holds hannless the City for loss and liability. Insurance: $2,000,000 combined single limits Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. 1 2 3 4 AN ORDINANCE GRANTING A FRANCHISE TO OLD VIRGINIA CARRIAGE CO., LLC TO CONDUCT A HORSE CARRIAGE RIDE ON THE BOARDWALK 5 WHEREAS, the City staff has solicited proposals for the 6 operation of horse-drawn carriage rides on the Boardwalk 7 between the dates of November 15, 2006 and April 15, 2007 (the 8 initial term) with the possibility of extending the right to 9 operate for up to four (4) additional terms; 10 WHEREAS, the City staff has reviewed all proposals and 11 has made recommendation to the City Council that a franchise 12 be awarded to Old Virginia Carriage Co., LLC; and, 13 WHEREAS, the City Council agrees with the recommendation 14 of the City staff and finds that the award of a franchise to 15 Old Virginia Carriage Co., LLC will promote the public 16 interest and will serve to enhance the festive atmosphere at 17 the oceanfront. 18 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That a franchise is hereby granted to Old Virginia 21 Carriage Co., LLC to operate a horse carriage ride operation 22 on the Boardwalk at the oceanfront. 23 2 . That the grant of the franchise is subject to the 24 terms of the Franchise Agreement which has been presented to 25 the City Council and the terms of the Invitation to Bid which 26 were disseminated for this proposal. 1 Adopted by the Council of the City of Virginia Beach, 27 28 29 day of , 2006. on the Virginia, Approved as to Content: Approved as to Legal Sufficiency: ~E Convention & Visitor Bureau )..~ Attorney's Office CA10199 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\00022816.DOC October 30, 2006 R-l 2 HORSE CARRIAGE RIDES Summary of Contract Terms Franchisee: .. Old Virginia Carriage Co., LLC Nature of Franchise: To conduct horse carriage rides on the Boardwalk. Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both parties, the Agreement may be extended for up to four (4) additional terms, each running from November 15 to April 15 of the next year. Franchise Fee: $1,500 for the initial term. If the Agreement is extended for additional terms, the parties must agree to a new fee and state the fee in a separate writing before November 1 of the year of the new term. Non Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: . Appropriate training of operators . Good condition of equipment . Walking pace for horses . Limit of two (2) carriages on Boardwalk at any time . Rubber shoes on horses . Safety equipment . Bun Bags on horses . Horses to be rabies free and have negative Coggins certifications . Temporary corral . No unloading from trailers on Boardwalk . Operator must be employee of Franchisee and be present with patrons at all times . Employees to wear attire which identifies the tour operation . No advertisement other than the name of the operation and the fee and location of the tour station shall be placed on the property Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- New Construction (Alternate) EMPLOYEE BENEFITS TASK FORCE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE RESORT ADVISORY COMMISSION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: October 24, 2006 E C E L S D J C R U A W T I N L N N I 0 H PAGE: 1 E E D L A D U L W Z Y N N 0 R E S 0 P E AGENDA E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y N F A N S N D I BRIEFING: A. PUBUC VOICES on Betsy McBride, REDEVELOPMENT Project Team Leader WlII/I MINUTES - October 10, 2006 APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y VIE F PUBLIC HEARING NO SPEAKERS 1. LEASE OF CITY PROPERTY Richmond 20MHz, LlC, d/b/a Ntelos at 2061 Qricorv Street Resolution to ESTABLISH an EMPLOYEE ADOPTED AS 10-0 Y Y Y Y Y Y A Y Y Y Y GIH/lI BENEFITS REVIEW TASK FORCE to serve REVISED BY 1 in advisory capacity to City Council CONSENT 2 Ordinance to AUTHORIZE lease with ADOPTED AS 10-0 Y Y Y Y Y Y A Y Y Y Y Richmond 20MHz, LlC d/b/a NTELOS re REVISED BY wireless telecommunication at 2061 Qricory CONSENT Street (DISTRICT 7 - PRINCESS ANNE) 3 Ordinance to AUTHORIZE acquisition of ADOPTED AS 8-2 Y Y Y N Y N A Y Y Y Y property at 225 l'f' Street (Pepper's Restaurant), REVISED BY for $900,000 (DETRICT 6 - BEACH) CONSENT 4 Ordinance to AUTHORIZE temporary DEFERRED to 10-0 Y Y Y Y Y Y A Y Y Y Y encroachments Beaches & a City's r-o-w Dinwiddie RdI Dupont Circle I Bay Waterways Dr by BAYVISTA PROPERTIES, LLC, to Comm. for construct wall I railingiwalkway steps at 3800 evaluation! Dupont Circle (DISTRICT 4 - BA YSIDE) recommendation . re policy for encroachments on!over City's beaches b City's r-o-w by INDIAN RIVER WOODS ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y HOMEOWNERS ASSOC, re Iandscapingi CONSENT irrigation system fence with brick columns at Indian River Rd I Deep Water Way. (DISTRICT 1 - CENTERVILLE) 51 Ordinances to ACCEPTI APPROPRIATE I TRANSFER: ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y a $5,392,061 School Reversion Funds CONSENT b $1,218,456Tax Exemption for Elderly I ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y Disabled to fully fund the program CONSENT C DMV to Police ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y CONSENT 1 $45,000 re DUl 2 $12,600 re seatbelt usage laws within high schools CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: October 24,2006 E C E L S D J C R U A W T I N L N N I 0 H PAGE: 2 E E D L A D U L W Z Y N N 0 R E S P E 0 AGENDA E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y N F A N S N D d $30,000 FEMA to Fire re Vrrginia Task Force ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y 2 assisting State of Louisiana CONSENT e $29,353 re marine animal strandings ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y CONSENT f $25,000/$12,100 reLynnhaven River ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y watershed CONSENT g $25,000 frcm National Fish / Wildlife re ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y restoration of fish habitat in Stumpy Lake CONSENT J/l S & R PROPERTIES, L.L.C. Modification of MODIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y Condition #4 CUP for a bingo ha1l, / changing the CONDmON #4, days of operation/at 4933 Oeveland Street BY CONSENT (DISTRICT 2 - KEMPSVILlE) 2 CHECKERED FLAG MOTOR CAR CO MODIFIED 10-0 Y Y Y Y Y 'Y A Y Y Y Y Modification of Conditions / Proffers to allow CONDmONS expansion / parking modifications at 5301 /PROFFERS Virginia Beach Blvd / 270 Oearfield Ave (DISTRICT 2 - KEMPSVILlE). 3 JOHN H. / JENNIFER M. NEUMANN APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y closinf!. alley at 664 South Atlantic Avenue CONDmONED (Croatan Beach). (DISTRICT 6 - BEACH) BY CONSENT 4 OCEANSIDE ENTERPRISES, INC. CUP: APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y firewood preparation/mulch processing at ADDED FIRE North Landing Road, / Indian River Rd, MARSHALL Heffington Dr (DISTRICT 7 - PRINCESS INSPECTIONS ANNE) 5 VIRGINIA BEACH INVESTMENT CO CUP APPPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y : mini warehouse-self storage at 1025 College CONDmONED Park Blvd. (DISTRICT 1 - CENTERVILlE) BY CONSENT 6 LAGO MAR ASSOC, L.L.c. COZ B-1 to APPROVED AS 10-0 Y Y Y Y Y Y A Y Y Y Y Conditional R-15 at 801 Artesia Way / Nimmo PROFFERED BY Parkway re single-family dwellings (DISTRICT CONSENT 7 - PRINCESS ANNE) 7 SALEM ROAD ASSOC (VA-CAR DENIED 10-0 Y Y Y Y Y Y A Y Y Y Y DEVELOPMENT, LLC) at Salem / North Landstown Roads: (pRINCESS ANNE - DISTRICT 7) ~ to ~ 4.4(b) that an lots meet (CZO) a subdivide property with wooded open space b COZfrom AG-I / AG-2 to Conditional R-IO 8 CHESAPEAKE ATLANTIC, LLC, for a COZ APPROVED AS 9-1 Y Y Y Y Y N A Y Y Y Y from I-I R-lO to Conditional I-I office- PROFFERED BY warehouses at 173 / 177 South Birdneck Rd / CONSENT 1228 Jenson Dr (DISTRICT 6 - BEACH) 9 OXFORD PROPERTIES, LLC, COZ from B- APPROVED AS 8-1 Y Y A Y Y N A Y Y Y Y 2 to Conditional A-24 re 180 units at PROFFERED B Centerville Turnpike / Indian River Rd S (DISTRICT 1 - CENTERVILlE) T A I N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: October 24,2006 E C E L S D J C R U A W T I N L N N I 0 H PAGE: 3 E E D L A D U L W Z Y N N 0 R E S 0 P E AGENDA E E E A R I V 0 0 ITEM # SUBJECT MOTION VOTE H L R Y N F A N S N D 10 Ordinance to AMEND Comp Plan re references ADOPTED AS 10-0 Y Y Y Y Y Y A Y Y Y Y to Redevelopment and Housing Authority REVISED K APPOINTMENTS: Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Richard M BIKEWAYS AND TRAILS ADVISORY Hildreth COMMmEE Unexpired term thru 6/30107 nlus three years ending" 6/30110 GREEN RIBBON COMMITTEE Appointed: 10-0 Y Y Y Y Y Y A Y Y Y Y Kenneth Jobe No tenn Roy D. Flanagan William W. Din i OLD BEACH DESIGN REVIEW COMMmEE RESCHEDUlED B Y C 0 N S E N S U S 1'; INVESTMENT P ARlNERSHIP ADVISORY ~. COMMITTEE-PPEA WETLANDS BOARD lJM/ ADJOURNMENT 7:30 PM N