JUNE 10, 2008 AGENDA
I ,II
II"
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYORMEYERA E. OBERNDORF: At-Large
VICE MAYOR LOUIS R. JONES, Bays/de - D/strlct4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER.. Cenlerville - DIstrict 1
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 L. WOOD. Lynnhaven -District 5
CITY COUNCIL AGENDA
10 JUNE 2008
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
lITY CLERK - RUTH HODGES FRASER, MMC
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
2:30 PM
A. EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
Susan D. Walston, Chief of Staff
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCA 1rION
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
June 3, 2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. LICENSE for use of CITY PROPERTY
Starbucks Corporation at Ocean 31 - 241 Laskin Road
2. LEASE OF CITY PROPERTY .
Kenneth Miller (tla Yoder's Dairies of Tidewater) - Farmer's Market Space #14
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances re the tax levy on Personal Property, Machinery and Tools:
a. AMEND the tax levy for Calendar Year 2009, decreasin~ the tax rate
b. AMEND the FY 2008-09 Capital Budget by reducin~ the General Fund
c, TRANSFER to Economic Development Investment Program reducing
the EDIP by $1,281,316
2. Ordinance to AMEND ~ 6-12 of the City Code re riding horses on the beach.
(Requested by Councilman DeSteph)
DEFERRED
MA Y 27,2008
3. Ordinance to ADD ~21-322.1 to the City Code re Veterans paid parking exemption.
(Requested by Mayor Obemdorf, Vice Mayor Jones and Council Members DeSteph, Dyer,
Diezel, McClanan, Uhrin, Villanueva, Wilson and Wood)
4. Resolution to REFER to the Planning Commission, for their recommendation:
AMENDMENTS to ~111, 901, 1001, 1511 and 1521; and,
ADD ~223.1 to the City Zoning Ordinance (CZO) re
automobile museums. (Requested by Councilman DeSteph)
5. Ordinances re the City's Employment Benefits:
a. ESTABLISH a TRUST, pursuant ~15.2-1544 of the Virginia State Code re other
Post-Employment Benefits and Virginia Pooled OPEB Trust Fund
b. AUTHORIZE participation in the Virginia Pooled OPEB Trust Fund
c. ESTABLISH and APPOINT a Local Finance Board with terms of two years
d. APPROPRIATE $2,000,000 from the General Fund Balance
e. TRANSFER $3,000,000 from the Dedicated Reserve for Contingencies re GASB
45 Retiree Health Liability compliance.
6. Ordinance to AUTHORIZE a License Agreement with Starbucks Corporation
re an outdoor seating area at Ocean 31, 241 Laskin Road.
DISTRICT No.6 - BEACH
7. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned
property known as Space #14 in the Virginia Beach Farmer's Market with
KENNETH MILLER (tla Yoder's Dairies of Tidewater, Inc.).
8. Ordinance to AUTHORIZE a thirty [30] day extension to the Purchase Agreement
between the City and LIFENET.
9. Resolution DIRECTING the City Auditor conduct a financial and performance audit of the
Department of Communications and Information Technology (ComIT).
10. Resolution to RECOGNIZE and COMMEND the United States Field Hockey Team for
their outstanding accomplishment in pursuit of the GOLD in the Beijing Olympics.
11. Ordinance to AUTHORIZE the acquisition of property at 5720 Normandy Avenue from
the Trustees of the Reformed Baptist Church of Virginia Beach (f/k/a Kempsville
Chapel) re Avalon Woods neighborhood park.
DISTRICT 2 - KEMPSVILLE
12. Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1, 2008,
re each street or alley proposed to be closed:
1. Director of Planning
2. Director of Public Works
3. Director of Parks and Recreation
13. Ordinance to AUTHORIZE the reimbursement of$2,147 re a City Employee's legal fees
for expenses incurred in the successful defense of a misdemeanor charge arising from the
discharge of official duties.
14. Ordinances to REVISE categorical appropriations for the FY 2008-09 School Operating
Budget and Special Revenue Funds as requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $ 550,719,456 Instruction
2. $ 43,235,324 Administration, Attendance and Health
3. $ 30,954,363 Pupil Transportation
4. $ 92,403,639 Operations and Maintenance
5. $ 24,003,400 New School Technology Category
6. $ 2,865,738 Reduction in State revenue
b. Adjusted appropriations to School Special Revenue Funds:
1. $3,815,945 School Instructional Technology
2. $1,837,129 School Equipment Replacement
15. Ordinance to APPROPRIATE $300,000 from the Commonwealth of Virginia
rdmbursement of Jail Expenses to the FY 2007-08 Sheriff's Special Revenue Fund re
illlcreased inmate population.
16. Ordinance to APPROPRIATE $17,637 violation charge revenue of the Chesapeake Bay
Preservation Ordinance to the Agriculture's FY 2007-08 Operating Budget re wetlands and
coastal sand dune restoration and enhancement.
17. Ordinance to TRANSFER $292,790 from the Operating to the Capital Outlay accounts
within the Parks and Recreation's FY2007-08 Operating Budget re the purchase of
capital equipment for each Recreation Center
DEFERRED
JUNE 3, 2008
, ,II
K. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
ALL PLANNING ITEMS FOR JUNE WILL BE
, HEARD A T THE FORMAL SESSION ON
i TUESDA Y. JUNE 24. 2008
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
, II
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
2:30 PM
A. EMPLOYEE and RETIREE HEALTH CARE COVERAGE CHANGES
Susan D. Walston, Chief of Staff
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
I I
: II
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION
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
June 3, 2008
G. AGENDA FOR FORMAL SESSION
.rsnluttnu
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 ofthe 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,
H. PUBLIC HEARINGS
1. LICENSE for use of CITY PROPERTY
Starbucks Corporation at Ocean 31 - 241 Laskin Road
2. LEASE OF CITY PROPERTY
Kenneth Miller (tla Yoder's Dairies of Tidewater) - Farmer's Market Space #14
Notice of Public Hearing
LICENSE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBUC
HEARING on the proposed licensing of City-owned property
on Tuesday June 10, 2007 at 8:00 p.m. in the'
Council Chamber of the City Hall Building (Building #1) at the
Virginia Beach Municipal Center, Virginia Beach, Virginia. The
purpose of this Hearing will be to obtain public comment on
the City's proposal to grant a license for the use of the
following:
Approximately 50 square feet of area located outside,.
under the roof line. and next to the spaced sub-Ieasetl<
and operated the by Starbucks Corporation at 31 Ocearlf'
241 Laskin Road, Virginia Beach, Virginia 23451
If you are physically disabled or visually Impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 381-4303.
Any questions concerning this matter should be dIrected to
the Resort Management Office, 2101 Parks Avenue, Virginia
Beach, Virginia 23451, (757)385 6639.
Ruth Hodges Fraser, MMC
City Clerk
VP June 1. 2008
18822104
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PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed leasing of City-owned
property for the following parcel on Tuesday,
June 10, 2008, at 6:00 p.m. in the Council
Chamber of the City Hall Building (Building #1) at the
Virginia Beach Municipal Center, Virginia Beach,
Virginia. The purpose of this Hearing will be to
obtain pUblic comment regarding the proposed lease
agreement of City-owned property located at the
Virginia Beach Farmers Market, as defined below:
1) Space # 14: Kenneth Miller (Va Yoder's
Dairies of Tidewater, Inc.)
Any questions concerning this matter should be
directed to George Denice, Farmers Market
Manager, by calling (757)385-4395.
If you are physically disabled or visually impaired
and need assistance at this meeting, please call the
CITY CLERK'S OFFICE at 385 4303.
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 1. 2008
18815751
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances re the tax levy on Personal Property, Machinery and Tools:
a. AMEND the tax levy for Calendar Year 2009, decreasinl!: the tax rate
b. AMEND the FY 2008-09 Capital Budget by reducinl!: the General Fund
c. TRANSFER to Economic Development Investment Program reducing
the EDIP by $1,281,316
2. Ordinance to AMEND ~ 6-12 of the City Code re riding horses on the beach.
(Requested by Councilman DeSteph)
DEFERRED
MA Y 27,2008
3. Ordinance to ADD ~21-322.1 to the City Code re Veterans paid parking exemption.
(Requested by Mayor Obemdorf, Vice Mayor Jones and Council Members DeSteph, Dyer,
Diezel, McClanan, Uhrin, Villanueva, Wilson and Wood)
4. Resolution to REFER to the Planning Commission, for their recommendation:
AMENDMENTS to ~111, 901, 1001, 1511 and 1521; and,
ADD ~223.1 to the City Zoning Ordinance (CZO) re
automobile museums. (Requested by Councilman DeSteph)
5. Ordinances re the City's Employment Benefits:
a. ESTABLISH a TRUST, pursuant ~15.2-1544 of the Virginia State Code re other
Post-Employment Benefits and Virginia Pooled OPEB Trust Fund
b. AUTHORIZE participation in the Virginia Pooled OPEB Trust Fund
c. ESTABLISH and APPOINT a Local Finance Board with terms of two years
d. APPROPRIATE $2,000,000 from the General Fund Balance
e. TRANSFER $3,000,000 from the Dedicated Reserve for Contingencies re GASB
45 Retiree Health Liability compliance.
6. Ordinance to AUTHORIZE a License Agreement with Starbucks Corporation
re an outdoor seating area at Ocean 31, 241 Laskin Road.
DISTRICT No.6 - BEACH
7. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned
property known as Space #14 in the Virginia Beach Farmer's Market with
KENNETH MILLER (tla Yoder's Dairies of Tidewater, Inc.).
8. Ordinance to AUTHORIZE a thirty [30] day extension to the Purchase Agreement
between the City and LIFENET.
9. Resolution DIRECTING the City Auditor conduct a financial and performance audit ofthe
Department of Communications and Information Technology (ComIT).
10. Resolution to RECOGNIZE and COMMEND the United States Field Hockey Team for
their outstanding accomplishment in pursuit of the GOLD in the Beijing Olympics.
11. Ordinance to AUTHORIZE the acquisition of property at 5720 Normandy Avenue from
the Trustees of the Reformed Baptist Church of Virginia Beach (f/k/a Kempsville
Chapel) re Avalon Woods neighborhood park.
DISTRICT 2 - KEMPSVILLE
12. Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1,2008,
re each street or alley proposed to be closed:
1. Director of Planning
2. Director of Public Works
3. Director of Parks and Recreation
13. Ordinance to AUTHORIZE the reimbursement of$2,147 re a City Employee's legal fees
for expenses incurred in the successful defense of a misdemeanor charge arising from the
discharge of official duties.
14. Ordinances to REVISE categorical appropriations for the FY 2008-09 School Operating
Budget and Special Revenue Funds as requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $ 550,719,456 Instruction
2. $ 43,235,324 Administration, Attendance and Health
3. $ 30,954,363 Pupil Transportation
4. $ 92,403,639 Operations and Maintenance
5. $ 24,003,400 New School Technology Category
6. $ 2,865,738 Reduction in State revenue
b. Adjusted appropriations to School Special Revenue Funds:
1. $3,815,945 School Instructional Technology
2. $1,837,129 School Equipment Replacement
15. Ordinance to APPROPRIATE $300,000 from the Commonwealth of Virginia
reimbursement of Jail Expenses to the FY 2007-08 Sheriff's Special Revenue Fund re
increased inmate population.
16. Ordinance to APPROPRIATE $17,637 violation charge revenue ofthe Chesapeake Bay
Preservation Ordinance to the Agriculture's FY 2007-08 Operating Budget re wetlands and
coastal sand dune restoration and enhancement.
17. Ordinance to TRANSFER $292,790 from the Operating to the Capital Outlay accounts
within the Parks and Recreation's FY2007-08 Operating Budget re the purchase of
capital equipment for each Recreation Center
DEFERRED
JUNE 3, 2008
I I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Lower the Tax Rate on Personal Property - Machinery and
Tools, Reduce Revenue by $1,281,316, and Lower the General Fund Transfer to
Capital Project # 9-141 by $1,281,316
MEETING DATE: June 10, 2008
. Background: Machinery and Tools represents a classification of business
personal property applicable to manufacturers. The City historically has imposed the
lowest Machinery and Tools rate among the cities in the region. With the submission of
the Proposed Resource Management Plan, the City Manager recommended, and City
Council subsequently adopted, increasing the tax rate on Machinery and Tools from a
$1.00 to $1.90 on each one hundred dollars of assessed value. This increase, along
with an eleven cent increase to the Cigarette Tax, supported the City's strategic growth
area initiative.
. Considerations: Given the overall uncertainty of our national economy in part
due to escalating fuel costs, the impact of increasing the tax rate on Machinery and
Tools could impact the financial viability of businesses located in the City. Competition
in the manufacturing industry is global in nature, and it's important for the City to create
and maintain a business environment in which local business can thrive. It is also
important for the City to continue with its strategic planning efforts, and the strategic
growth area initiative will be critical to the long-term financial sustainability of the City.
To reduce the impact to area businesses, the City Council could reduce the tax rate on
Machinery and Tools from $1.90 to $1.00, which would result in a $1,281,316 impact to
the Operating Budget. This gap can be closed by reducing the General Fund transfer to
CIP project 9-141, Economic Development Investment Program for FY 2008-09 only,
which has a sufficient balance to meet its program objectives. In the future, the rate and
imposition of this tax will be studied further.
City Attorney suggests amending Sec. 4 subparts a., b., & c. to conform with the
amended Code of Virginia 9 58.1-3506(A).
. Public Information: Public information will be provided through the normal City
Council agenda process.
. Alternatives: City Council could keep the adopted tax rate at $1.90.
. Recommendations: Approval of attached ordinances.
. Attachments: Ordinance to Change the Tax Rate on Machinery and Tools and
an Ordinance to Reduce Transfer to the Capital Improvement Program
Recommended Action: Approval of both ordinances
Submitting Department/Agency: Management Services
City Manager:~ t. lrlJ~
1 AN ORDINANCE AMENDING THE TAX LEVY ON
2 PERSONAL PROPERTY FOR CALENDAR YEAR 2009 BY
3 DECREASING THE TAX RATE ON MACHINERY AND
4 TOOLS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGININA BEACH,
7 VIRGINIA:
8
9 That "An Ordinance Establishing the Tax Levy on Personal Property Machinery and
10 Tools for Calendar Year 2009," adopted on May 13, 2008, is hereby amended as follows:
11
12
13 Sec. 4. Amount of Levy on Machinery and Tools.
14
15 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied
16 and collected for general purposes for the calendar year 2009 taxes on machinery and
17 tools, including machinery and tools used directly in the harvesting of forest products or
18 semiconductor manufacturing, not exempt from taxation, at the rate of one dollar aREi
19 ninoty conts ~~ ($1.00) on each one hundred dollars ($100) of assessed valuation
20 thereof. As provided by Code of Virginia 9 58.1-3506 (B), the following personal property
21 shall also be taxed at the rate of machinery and tools:
22 a. all tangible personal property used in research and development businesses,
23 as described in Code of Virginia 9 58.1-3506 (A) (1 a) ;
24 b. gE!nerating or cogenerating equipment, as described in Code of Virginia 9
25 58.1-3506 (A) U~ 7); and
26 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of
27 10,000 pounds or more used to transport property for hire by a motor carrier engaged in
28 interstate commerce, as described in Code of Virginia 9 58.1-3506 (A) @ 2J).
29
of
Adopted by the Council of the City of Virginia Beach, Virginia, on this
,2008.
day
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
CA10729
R-1
May 30, 2008
.;z '~f/E
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City A orney's trice ~
D~~l
Management SE~rvices
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AN ORDINANCE TO REDUCE THE PERSONAL PROPERTY
- MACHINERY AND TOOLS REVENUE BY $1 ,281 ,316 AND
REDUCE THE GENERAL FUND TRANSFER TO CAPITAL
PROJECT #9-141, ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM BY $1,281,316
WHEREAS, eliminating the recently adopted tax rate increase to Personal Property
- Machinery and Tools from one dollar and ninety cents ($1.90) to the previous rate of one
dollar ($1.00) on each one hundred dollars ($100) of assessed value should help City
businesses remain vibrant employment centers for our citizens, given the uncertainty in the
economy.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That estimated Personal Property - Machinery and Tools revenue in the FY
2008-09 Operating Budget is hereby reduced by $1,281,316.
2. That the General Fund transfer to Capital Project #9-141, Economic
Development Investment Program in the FY 2008-09 Operating Budget is hereby
reduced by $1,281,316.
BE IT FURTHER ORDAINED:
That the FY 2008-09 Capital Budget is hereby amended by reducing the
appropriation for Capital Project #9-141, Economic Development Investment
Program by $1,281,316.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
J3~Q_R^nrlOa-.
Management serv~ 7
CA10730
R-1
May 30, 2008
City~---::::--'
- 30-
Item v.J.J.c.
ORDINANCES/RESOLUTIONS
ITEM # 54956
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS
REVlSED*:
Ordinance to AMEND the City Code:
c. Section 6-12 re riding horses or driving vehicles on the
City's beach or dunes
*Section c, lines 23 thru 27:
."The provisions of this section shall not apply to conduct in the resort
!zrea that is explicitly authorized bv a SDecial Events Dermit issued
pursuant to CiN Code Section 6-12. Unless otherwise extended bv City
f::ouncil. this subsection shall sunset effective February 28. 2007. "
Voting:
9-J (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor
Meyera E. Obemdorj, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Member.. Absent:
Robert M Dyer
February 28, 2006
- 17 -
Item V-J.J.c.
ORDINANCES/RESOLUTION
ITEM 57638 (Continued)
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McC/anan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Vi//anueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Dieze/ and Rosemary Wilson
1,1
May 27, 2008
- 16 -
Item V-J.l.c.
ORDINANCES/RESOLUTION
ITEM 57638
The following spoke in SUPPORT:
Calvin Shiemanf.'" City of Virginia Beach Agricultural Extension Center. Mr. Schiemann possesses, a
Master's Degree in Animal Science, advised unless an animal is ill urine is a fairly sterile liquid. Relative
bacteria, the heat of the sand could cause longer life; however, sand dries outfairly quickly, especially
the top two inchE's. Horses will not be urinating as they walk "up and down" the beach and would occur
around the coral areas.
Natasha Clarke, 408 Hobart Avenue, Phone: 289-5470. Olde Virginia Carriage Company. Ms Clarke
referenced correspondence in SUPPORT of the Ordinance: Resort Advisory Commission Virginia Beach
Hotel-Motel Association, Virginia Beach Bikeway and Trail Advisory Committee and Minority Business
Development. Said correspondence is hereby made a part of the record. This activity encourages a
healthy, active Westyle. If only 1/10 of J% of the potential overnight visitors choose Virginia Beach over
another east coust destination, due to the attraction of horseback riding, this would account for
approximately 3,000 more visitors and could equate to an approximate gross revenue of $600,000.
Barry Foster, 408 Hobart Avenue, represented Old Virginia Carriage Company. Mr. Foster hasjifteen
(J 5) years experience with horses. The horses are desensitized, undergo a screening procedure and are
heavy with a calm nature.
Guy Liskey, lifelong resident of Virginia Beach, whose family owns several of the oceanfront hotels. Over
the last several years, several of the Resort's family activities have been lost. Horseback riding at the
beach is afresh new attraction.
Captain Tony Zucaro, Commanding Officer - Second Police Precinct, advised the Police would be
apposed to the "on season" activity of horses an the beach. This would require a modification to
City Code Section 6-5(a) which strictly prohibits any animal on the resort beach during the "season ".
Council Lady Henley expressed concern and wished to be provided information by the Health
Department. Dala received indicates studies re bacterial indicators. particularly involvingfecal counts.
Skip Scanlan, Director of Environmental Health will be researching the issue "horses an the beach
during the swimming season ".
Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council DEFERRED for two
(2) weeks until tite City Council Session of June 10, 2008:
Ordinances to AMEND the City Code:
c. Section 6-J 2 re riding horses on the beach
(Requested by Councilman DeSteph)
Skip Scanlon, Db"ector of Environmental Health, will be in attendance to address concerns.
May 27, 2008
I II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 6-12 of the City Code Pertaining to Riding Horses
on the Beach
MEETING DATE: June 10, 2008
. 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 from November 1 to April 15. City Council amended City Code ~ 6-12,
which prohibited riding horses on the beach, to allow the pilot program to operate
during those months. On December 12, 2006, after conclusion of the initial pilot
program, City Council adopted an ordinance that authorized award of a one-year
franchise, with up to four renewals, to Old Virginia Carriage Co., LLC for horse rides
on the beach from November 1 to April 15. The franchisee has now requested that
the franchise be expanded, on a pilot-program basis, to allow horse rides
throughout the year.
. Considerations: A description of the pilot program that was drafted by the
franchisee is attached. The City's Resort Advisory Commission has endorsed the
proposal on a trial basis. In order to implement the pilot program, Council must
amend City Code ~ 6-12 to remove the prohibition on riding horses on the beach
during the resort season. The riding of horses would still only be allowed pursuant
to a City franchise. If Council adopts this ordinance, staff will amend the franchise
agreement to allow the pilot program to operate throughout the year on a trial basis
until November 1, 2008. If the franchisee wished to continue to offer horseback
riding year-round, then City staff would issue a new Request for Proposals, and
Council would be asked to adopt an ordinance that authorizes a new franchise that
would extend beyond the trial period.
City Council voted to defer this item until June 10, 2008 at its May 27, 2008
meeting.
. Attachments: Ordinance; Pilot Program Proposal; Letter from the Resort Advisory
Commission
Requested by Councilmember DeSteph
1 AN ORDINANCE TO AMEND SECTION 6-12
2 OF THE CITY CODE PERTAINING TO
3 RIDING HORSES ON THE BEACH
4
5 SECTION AMENDED: 6-12
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 6-12 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended to read as follows:
12
13 Sec. 6-12. Riding horses or driving vehicles on beach or dunes.
14 (a) It Bhall be unlawful for any person to ride a horse or any other animal or to
15 operate or drive a vehicle of any kind on the public beaches or upon the sand dunes
16 within the city, t~xcept that area between the ocean and sand dunes south of the exit
17 ramp at the southern end of Little Island Recreation Park (now being used as a public
18 way to commute~ back and forth to a place of residence).
19
20 (b) The provisions of this section shall not apply to the police mounted patrol,
21 city vehicles operated while cleaning or working on the beach, police and emergency
22 vehicles, erosion commission vehicles, vehicles of net fishermen operating under proper
23 permits, Of vehicles operated by physically handicapped persons by permission of the
24 city manager or his designee.L-or vehicles operated by wildlife rescue workers pursuant
25 to written authorization by the Police Department's Second Precinct Commander.
26
27 (c) The provisions of this section shall not apply in the resort area bew/een
28 November 1 and April 15 to conduct that is explicitly authorized by a special events
29 permit issued pursuant to City Code section 4-1 or by franchise awarded by the city
30 council.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this _
day of , 2008.
APPROVED AS TO LEGAL SUFFICIENCY:
~~( J--
City Attorney's Office
CA 10627
R-1
February 11, 2008
OPERATIONAL PLANS FOR NEW PILOT PROGRAM FOR
HORSEBACK RIDING ON THE BEACH
A. Operator of horse riding tour will comply with all regulations now in effect in accordance
with the franchise for guided horse riding tours on the beach in the resort area.
1. Operator shall comply with all federal, state, and local statutes, ordinances, and
regulations in effect or hereafter adopted.
2. Guided tours shall be operated at a walking pace and horses will stay together in a
cohesive group.
3. Operator shall make sure appropriate husbandry practices including feeding,
watering, and providing the proper level of rest in connection to the type and
duration of guided tour activities.
4. No more than nine horses are allowed per tour group including one guide horse
per group. Only two groups will be allowed to operate at one time.
5. All horses used for tour will be approved by committee already in place for
horseback riding franchise.
6. All riders will be required to wear helmets.
7. All horses will be required to wear bun bags for collection of manure at all times
while on the beach.
8. All manure will be placed in airtight bags after each ride and removed from the
beach daily.
B. Days and hours requested for said pilot program as follows:
1. Summer hours: Memorial Day-Labor Day Thurs.-Sun. 7PM-9PM.
2. Fall hours: Sept. 15th - Dec. 15th Saturday and Sunday 12PM-dusk.
3. Winter hours: Dec.16th-ApriI15th Saturday only 12PM-dusk.
4. Spring hours: April 16th -Memorial Day Friday-Sunday 5PM-dusk.
C. Extra Safety precautions for Summer evening hours:
1. Trained side-walkers will accompany horses as well as the guide on horseback.
In effect it will be an "adult pony ride."
2. There will be only two rides scheduled per evening.
3. If the beach, for some reason, is not clear of activity, we will not operate.
VIRGIJ\JlA
B&~(~H
Resort Advisory Commission
2101 Parks Avenue, Suite 502
Virginia Beach, Virgini~ 23451
(757) 385-4800
FAX (757) 422-3666
May 7,2008
The Honorable Meyera E. Oberndorf
and Members of City Council
Municipal Center - Building 1
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Dear Mayor Oberndorf and Council Members: .
During the Resort Advisory Commission meeting on May 1, 2008, the Old
Virginia Carriage Company presented a proposal to extend horse back riding on the
beach twelve months a year. The exact days and time of their proposal are listed on the
attached operational plan.
After a bril~f discussion, the Resort Advisory Commission voted to endorse a
franchise for a pilot program until November 1, 2008. At the end of the pilot program,
the commission would evaluate the operations during the summer and fall period and
make a recommendation to City Council on the future of horse riding on the beach all
year.
Please let me know if you have any additional questions on the commission
recommendations.
Cordially,
~~
Kenneth C. Taylor
Chairman
Resort Advisory Commission
cc: James K. Spore, Virginia Beach City Manager
David Hansen, Virginia Beach Chief of Finance and Technology
Steve Herbert, Chief Development Officer
James B. Ricketts, Convention and Visitors Bureau Director
Mike Eason, Resort Administrator
RAC Commissioners
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
An Ordinance to Add City Code Section 21-322.1 Pertaining to
Veterans Paid Parking Exemption
MEETING DATE: June 10, 2008
. Background: The State Legislature of California recently enacted a law
authorizing certain extraordinary veterans to park, without charge, in metered spots and
municipal parking facilities. Virginia law delegates the regulation of parking to cities in
Virginia Code 9 46.2-1220.
. Considerations: The attached ordinance would allow veterans who display the
following license plates to park in City parking facilities or metered parking spaces
without charge: Pearl Harbor Survivor, Purple Heart, Medals of Honor, Service Cross,
and Prisoner of War. The ordinance does not exempt such vehicles from compliance
with any other state law or ordinance, such as restrictions on the types of vehicles that
may park in certain spaces and time-based restrictions on parking in City facilities.
. Public Information: This item will be advertised in the same manner as all other
agenda items.
. Attachments: Ordinance
Requested by Mayor Oberndorf, Vice-Mayor Jones and Councilmembers
DeSteph, Dyer, Diezel, McClanan, Uhrin, Villanueva and Wood
1
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Requested by Mayor Oberndorf, Vice-Mayor Jones and
Councilmembers DeSteph, Dyer, Diezel, McClanan, Uhrin, Villanueva
and Wood
AN ORDINANCE TO ADD CITY CODE SECTION 21-322.1
PERTAINING TO VETERANS PAID PARKING EXEMPTION
SECTION ADDED: 9 21-322.1
BE IT OHDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 21-322.1 of the Code of the City of Virginia Beach is hereby added and
ordained to read as follows:
Sec. 21-322.1. Veterans Paid Parking Exemption.
(A) A veteran displayino special license plates issued under VA Code ~~ 46.2-741
(Pearl Harbor Survivor), 46.2-742 (Purple Heart). 46.2-742.1 & 46.2-742.1 :1
(Medals of Honor). 46.2-742.2 (Service Cross), 46.2-745 (Conoressional Medal of
Honor). or 46.2-746 (Prisoner of War) may park his or her motor vehicle. without
charoe. in a parkino space in a City parkina facility or a metered parkina space.
(B) This ordinance does not exempt a vehicle displayina special license plates from
compliance with any other state law or ordinance. includina. but not limited to.
limitations on the types of vehicles that may park in certain reserved parkina spaces
and time..based restrictions on parkina in City parkina facilities.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day
of , 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
"/J1t
CA-10712
R-6
June 4, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Referring to the Planning Commission an Ordinance to
Amend and Reordain the City Zoning Ordinance by Amending Section 111,
901, 1001, 1511 and 1521 and Add a New Section 223.1, Defining
Automobile Museums, Establishing Automobile Museums as a Conditional
Use in the B-1 A, B-2, B-3, B-4, B-4C and B-4K Business Districts, the 1-1
and 1-2 Industrial Districts and the RT-2 and RT-3 Resort Tourist Districts
and Setting forth Requirements Pertaining to the Use
MEETING DATE: June 10, 2008
. Background: Councilmember Bill DeSteph has requested an Ordinance that
would allow automobile museums in the B-1A, B-2, B-3, B-4, B-4C and B-4K Business
Districts, the 1-1 and 1-2 Industrial Districts and the RT-2 and RT-3 Resort Tourist
Districts as conditional uses. A definition of "automobile museums" is provided in
section 111 and the substantive requirements are in a new section 223.1. These
sections make clear that automobile museums are for the primary purpose of displaying
automobiles as museum exhibits and sales of such are clearly secondary. The
ordinance allows a limited amount of work on the automobiles on display and do not
allow work to be performed on ordinary automobiles.
. Considerations: The Resolution refers to the Planning Commission proposed
amendments to the City Zoning Ordinance pertaining to automobile museums.
. Public Information: Advertisement as a normal agenda item.
. Recommendations: Adoption of Resolution
. Attachments: Resolution and Ordinance pertaining to Automobile Museums.
Recommended Action: Adoption of Resolution
Submitting Department/Agency: Councilmember DeSteph
City Manager:
REQUESTED BY COUNCILMEMBER BILL R. DeSTEPH
1 PI RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION AN ORDINANCE TO AMEND AND
3 ~~EORDAIN THE CITY ZONING ORDINANCE BY
4 AMENDING SECTIONS 111, 901, 1001, 1511 AND 1521
5 AND ADD A NEW SECTION 223.1, DEFINING
6 AUTOMOBILE MUSEUMS, ESTABLISHING AUTOMOBILE
7 MUSEUMS AS A CONDITIONAL USE IN THE B-1A, B-2, B-
8 3, B-4, B-4C AND B-4K BUSINESS DISTRICTS, THE 1-1
9 AND 1-2 INDUSTRIAL DISTRICTS AND THE RT-2 AND RT-
10 3 RESORT TOURIST DISTRICTS AND SETTING FORTH
11 REQUIREMENTS PERTAINING TO THE USE
12
13 WHEREAS, the public necessity, convenience, general welfare and good zoning
14 practice so require;
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
19 That the above-entitled ordinance, a copy of which is attached, is hereby referred
20 to the Planning Commission for its consideration and recommendation.
21
22 COMMENT
23
24 The Res,[)lution refers to the Planning Commission an Ordinance requested by
25 Councilmember Bill R. DeSteph that defines and establishes automobile museums as a conditional
26 use in the B-IA, 11-2, B-3, B-4, B-4C, B-4K, 1-1, 1-2, RT-2, and RT-3 Zoning Districts.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
29 , 2008.
CA-10720
R-1
May 27, 2008
APPROVED AS TO LEGAL
SUFFICIENCY: /
{;U uUi1 0 VI NuJ
City Attorney's Office
APPROVED AS TO CONTENT:
, II
1 REQUESTED BY COUNCILMEMBER BILL R. DeSTEPH
2
3
4 AN ORDINANCE TO AMEND SECTIONS 111, 901, 1001,
5 1511 AND 1521 AND ADD A NEW SECTION 223.1,
6 DEFINING AUTOMOBILE MUSEUMS, ESTABLISHING
7 AUTOMOBILE MUSEUMS AS A CONDITIONAL USE IN
8 THE B-1A, B-2, B-3, B-4, B-4C AND B-4K BUSINESS
9 DISTRICTS, THE 1-1 AND 1-2 INDUSTRIAL DISTRICTS
10 AND THE RT-2 AND RT-3 RESORT TOURIST DISTRICTS
11 AND SETTING FORTH REQUIREMENTS PERTAINING TO
12 THE USE
13
14 Sections Amended: City Zoning Ordinance Sections 111,
15 901,1001,1511 and 1521
16 Section Added: City Zoning Ordinance Section 223.1
17 WHEREAS, the public necessity, convenience, general welfare and good zoning
18 practice so require;
19
20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
21 BEACH, VIRGINIA:
22
23 That Sections 111, 901, 1001,1511 and 1521 of the City Zoning Ordinance are
24 hereby amended and reordained, and a new Section 223.1, pertaining to automobile
25 museums, is hereby added, to read as follows:
26
27 Sec. 111. Definitions.
28 For the purpose of this ordinance, words used in the present tense shall include
29 the future; words used in the singular number include the plural and the plural the
30 singular; the use of any gender shall be applicable to all genders; the word "shall" is
31 mandatory; the word "may" is permissive; the word "land" includes only the area
32 described as being above mean sea level; and the word "person" includes an individual,
33 a partnership, association, or corporation.
34
35 In addition, the following terms shall be defined as herein indicated:
36
37 Automobile museum. A museum at which vintaoe or classic automobiles
38 manufactured prior to 1971. exotic or limited-production automobiles. or automobiles
39 havino a special cultural or historical sionificance and oenerallv reoarded as collector's
40 items are displ,ayed as exhibits and may be made available for purchase by members of
41 the qeneral public as an ancillary activity.
42
43
44 COMMENT
45
46 The amendment defines the term "automobile museum." Regulations pertaining to the use
47 are set forth in n,ew Section 223.1 below.
48
49 Sec. 223.1. Automobile museums.
50 In addition to qeneral reQuirements. automobile museums shall be subiect to the
51 followinq provisions:
52
53 (a) No automobiles. except for vintaqe or classic automobiles manufactured
54 prior to 1971. e!xotic or limited-production automobiles. or automobiles havinq a special
55 cultural or historical siqnificance and qenerally reqarded as collector's items shall be
56 exhibited. displayed, offered for sale or stored on the property.
57
58 (b) All automobiles that are exhibited. displayed or offered for sale shall be of
59 exhibition Quality and appearance;
60
61 (c) No automobiles shall be exhibited. displayed or stored except within a
62 fully-enclosed buildinq; provided. that a maximum of three (3) automobiles may be
63 parked outside of a buildinq for UP to seventy-two (72) hours for purposes of preparinq
64 such automobiles to be displayed as a museum exhibit or delivered to a purchaser, and
65 provided furthm. that if allowed by the conditional use permit. special shows of
66 automobiles mHetinq the reQuirements of subsections (a) and (b) may be held outdoors
67 for periods of a maximum of five (5) days and no more freQuently than once every thirty
68 (30) days.
69
70 (d) No automobile shall be offered for sale unless it has been displayed as a
71 museum exhibit or at a special show for at least three (3) days.
72
73 (e) No repairs or other work on automobiles. except for refurbishinq and
74 restorinq of automobiles meetinq the reQuirements of subsection (a), detailinq in
75 preparation for exhibition. and final preparation and assembly for delivery to a person
76 purchasinq an automobile. shall be permitted. All such work shall be performed
77 indoors. except as allowed in subsection (c).
78
79 (f) The City Council may attach such other and further reasonable conditions
80 of the conditional use permit as it may deem necessary to ensure that the sale of
81 automobiles is Gonducted in such manner as to be ancillary to the use of the property as
82 a museum.
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COMMENT
The section sets forth the substantive requirements governing automobile museums. The
purpose of such requirements is to separate automobile museums, where the primary purpose is the
display of automobiles as museum exhibits and sales are clearly secondary, from automobiles sales
establishments. The amendments allow a limited amount of work on automobiles that meet the
requirements for display and do not allow work to be performed on ordinary automobiles.
Sec. 901. Use regulations [Business Districts].
(a) Principal and conditional uses. The following chart lists those uses
permitted within the B-1 through B-4K Business Districts. Those uses and structures in
the respective business districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
shall be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
Use
B-1 B-1 A B-2 B-3 B-3A B-4 B-4C B-4K
Automobile museums
C
C
X
C
C
C
X
C
COMMENT
The amendments allow automobile museums as a conditional use in all business districts
except the B-1 Neighborhood Business District and the B-3A Pembroke Central Business Core
Districts.
Sec. 1001. Use regulations [Industrial Districts].
(a) Principal and conditional uses. The following chart lists those uses
permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the
respective industrial districts shall be permitted as either principal uses indicated by a
"P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
shall be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
Use
1-1
1-2
Automobile museums
C
C
3
129
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153
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155
156
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'160
161
162
163
164
165
166
167
168
169
170
171
COMMENT
The am(:ndments allow automobile museums as a conditional use in the 1-1 and 1-2
Industrial Distrids.
Sec. 1511. Use Regulations [RT-2 Resort Tourist District].
(a) The~ following chart lists those uses permitted within the RT-2 Resort Tourist
District as either principal uses, as indicated by a "P," or as conditional uses, as
indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article
2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or
conditional uses in combination with any other principal or conditional uses. No uses or
structures other than those specified shall be permitted. All uses, whether principal or
conditional, should to the greatest extent possible adhere to the provisions of the
Oceanfront Resort Area Design Guidelines.
Use
RT-2
Automobile museums
C
COMMENT
The ame;lldments allow automobile museums as a conditional use in the RT-2 Resort
Tourist District.
Sec. 1521. USI~ Regulations [RT-3 Resort Tourist District].
(a) The following chart lists those uses permitted within the RT-3 Resort Tourist
District as either principal uses, as indicated by a "P" or as conditional uses, as
indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article
2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached
dwellings, buildings within the RT-3 District may include any principal or conditional
uses in combination with any other principal or conditional use. No uses or structures
other than those specified shall be permitted. All uses, whether principal or conditional.
should to the greatest extent possible adhere to the provisions of the Oceanfront Resort
Area Design Guidelines.
4
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
Use
Automobile museums
COMMENT
: I
RT-3
C
The amendments allow automobile museums as a conditional use in the RT -3 Resort
Tourist District.
Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
,2008.
CA-10624
R-4
May 27,2008
APPROVED AS TO CONTENT:
5
APPROVED AS TO LEGAL
SU~JiA fYl #J
City Attorney's Office
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS:
1.
An Ordinance to Adopt a Trust for Other Post-Employment Benefits
2. An Ordinance to Appropriate $2,000,000 from the Fund Balance of
the General Fund and Transfer $3,000,000 from the Dedicated Reserve
for Contingencies for GASB45 to comply with the GASB45 Retiree Health
Liability
MEETING DATE: June 10,2008
. Background: City Council and the School Board have been evaluating retiree
health care issues for almost 2 years because of GASB 45 requirements. As a result,
Council and the Schools have made many changes to their respective retiree health
plans (also known as Other Post Retirement Benefits, or OPEB) that have resulted in a
lower Actuarial Accrued Liability (AAL), and a lower Annual Required Contribution
(ARC) than was considered a year ago.
The accounting liability for the ARC must be shown on the City's and Schools' balance
sheets and will reduce the Net Assets of each. The ARC will be discounted at a higher
rate if the related funding is placed in an irrevocable trust, which results in a lower ARC;
the use of a trust will result in an AAL for the City that is $35.2 million lower, and an
ARC that is $2 million lower. (The Schools AAL will be $27.8 million lower, and an ARC
that is $1.7 million lower). The 2007 General Assembly authorized local governments to
establish trust funds for the purpose of accumulating and investing assets to fund
OPEB.
. Considerations: The City and Schools may each create a separate or joint
trust. This would require that investment policies be created, investment managers
retained, and monitored. Council requested that the 2008 General Assembly enact
legislation that would permit the Virginia Retirement System to manage the investment
of local governments' trust funds. That legislation was not enacted.
The Virginia Municipal League and the Virginia Association of Counties have formed a
pooled trust that offers economies of scale, and local governments may join. At this
point, Fairfax, Chesterfield and Henrico have joined the VMLNaCo Pooled Trust. The
City Attorney has reviewed the necessary documents and has opined that the City may
participate in the pooled trust. The Virginia Local Government Finance Corporation,
doing business as VMLNaCo Finance Program, will provide day-to-day administration,
and a Board of Trustees will govern the Pooled Trust Fund. The Pooled Trust Fund will
retain the services of an investment manager, as required by law. The firm that has
been retained is Evaluation Associates, LLC. Index funds will be used until the Board of
Trustees has developed a formal investment policy. The members of the Board of
Trustees are voted in based on the proportion of invested assets.
If a trust is created, Council would also need to appoint a local finance board or
designate the deferred compensation board to serve as the local finance board. The
local finance board would execute the Trust Joinder Agreement, would represent the
beneficial inter'9st of the City in the Pooled Trust Fund, monitor investment results,
exercise voting rights under the Pooled Trust Fund, and make investment elections, if
available, from investment alternatives established by the Board of Trustees of the
Pooled Trust Fund.
State law mandates that the local board include the City Treasurer, the Director of
Finance, and a citizen member who must be appointed to a term of two years. The
attached ordina nce lists the City Treasurer and Director of Finance as members, and it
has a blank line that can be filled in Tuesday based on Council's choice of whom to
appoint as the citizen member.
To comply with the FY 2007-08 actuarially required contribution (ARC) for the City:
$2,000,000 from the Fund Balance of the General Fund would be appropriated and
$3,000,000 from the Dedicated Reserve for Contingencies for GASB45 Retiree Health
Liability would be transferred to the Non-Departmental Operating Budget. This total
amount of $5,000,000 will be remitted to the VaCoNML Pooled Trust Fund by June 30,
2008.
· Public Information: The publiC will be informed through the normal agenda
process.
· Recommendations: It is recommended that Council adopt the attached
ordinances to authorize participation, establish a local finance board, and direct the
local finance board to execute the Trust Joinder Agreement for Other Post-Employment
Benefit Plans under-the Virginia Pooled Trust Fund.
It is also recommended that the Council appropriate $2,000,000 from the Fund Balance
of the General Fund and Transfer $3,000,000 from Dedicated Reserve for
Contingencies for GASB45 to comply with the GASB45 Health Liability.
. Attachml~nts: Ordinance to Adopt a Trust for Other Post-Employment Benefits
Virginia Pooled Trust Fund Agreement
Trust Joinder Agreement for Participating Employees Under
Virginia Pooled OPEB Trust Fund
Ordinance to Fund the Trust
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Finance ~
City Manager:
1 AN ORDINANCE TO ADOPT A TRUST FOR
2 OTHER POST-EMPLOYMENT BENEFITS
3
4 WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every
5 locality shall provide for all the governmental functions of the locality, including the
6 employment of the officers and other employees needed to carry out the functions of
7 government; and
8
9 WHEREAS, in connection with the employment of the officers and other
10 employees, the City of Virginia Beach has established certain plans to provide post-
11 employment benefits other than pensions (herein "Other Post-Employment Benefits"),
12 as defined in Section 15.2-1545 of the Virginia Code, to certain retirees and their
13 spouses and eligible dependents; and
14
15 WHEREAS, Article 8, Chapter 15, Subtitle " of Title 15.2 of the Virginia Code
16 (~~ 15.2-1544 et seq.) provides that the governing body of a city may establish a trust
17 for the purpose of accumulating and investing assets to fund Other Post-Employment
18 Benefits; and
19
20 WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power,
21 privilege or authority exercised or capable of exercise by any political subdivision of the
22 Commonwealth of Virginia may be exercised and enjoyed jointly with any other political
23 subdivision of the Commonwealth having a similar power, privilege or authority pursuant
24 to agreements with one another for joint action pursuant to the provisions of that
25 section; and
26
27 WHEREAS, any two or more political subdivisions may enter into agreements
28 with one another for joint action pursuant to the provisions of Section 15.2-1300 of the
29 Virginia Code provided that the participating political subdivisions shall approve such
30 agreement before the agreement may enter into force; and
31
32 WHEREAS, the County of Fairfax, Virginia and the County of Henrico, Virginia
33 have determined to jointly establish and participate in the Virginia Pooled OPEB Trust
34 Fund (the "Trust Fund"); and
35
36 WHEREAS, it appearing to the Council of the City of Virginia Beach that it is in
37 the best interests of the City to become a participating employer in the Trust Fund.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
40 VIRGINIA BEACH, VIRGINIA THAT:
41
42 1. That the City does hereby establish a trust pursuant to Section 15.2-1544
43 of the Virginia Code for the purpose of accumulating and investing assets to fund Other
44 Post-Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund
45 Agreement (the "Agreement"), a copy of which is attached here as Exhibit A.
46
47 2. That the City does hereby agree to become a "Participating Employer" in
48 the "Virginia Pooled OPEB Trust Fund" (hereinafter, the "Trust Fund"), as further
49 defined in the ft.greement.
50
51 3. That in accordance with Section 15.2-1547 of the Virginia Code, City
52 Council does hereby appoint the following individuals to the local finance board
53 pursuant to serve as the trustee of the City with respect to the Trust Fund, and as the
54 "Local Finance Board" as defined in the Agreement:
55
56 The Director of the Finance Department;
57 The City Treasurer; and
58 , a citizen member who is hereby appointed
59 for a term of two years that shall begin upon adoption of this ordinance.
60
61 4. That the City does hereby direct the Local Finance Board -to execute and
62 deliver the Trus.t Joinder Agreement for Participating Employers under Virginia Pooled
63 OPEB Trust Fund ("Trust Joinder Agreement"), a copy of which is attached hereto as
64 Exhibit B.
65
66 5. That the City does hereby designate as "Other Post-Employment Benefits"
67 the health can3 benefits provided to certain retirees, as designated in separate
68 ordinances or resolutions that have been and will be adopted by City Council, as well as
69 the health care benefits for the spouse and eligible dependents of those retirees, to the
70 extent that such coverage is authorized by separate ordinances or resolutions that have
71 been adopted, or will be adopted, by City Council.
72
73 6. That in accordance with Section 15.2-1544 of the Virginia Code, the extent
74 of Other Post-Employment Benefits offered by the City, as well as eligibility criteria for
75 those benefits, is dependent upon appropriations and is determined as part of the
76 annual budget process, and thus the extent of such benefits, as well as the eligibility
77 criteria for the benefits, are subject to change.
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79 7. This ordinance shall be in force and effect immediately upon its adoption
80 or passage.
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82 Adopted by the City Council of the City of Virginia Beach, Virginia on this
83 day of , 2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
c~~~
ValmJ{L' {~~
Finance Department
CA 10728 R-6 June 5, 2008
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AN ORDINANCE TO APPROPRIATE $2,000,000
FROM THE FUND BALANCE OF THE GENERAL
FUND AND TRANSFER $3,000,000 FROM
DEDICATED RESERVE FOR CONTINGENCIES FOR
GASB45 TO COMPLY WITH THE GASB45 RETIREE
HEALTH LIABILITY
WHEREAS, the City of Virginia Beach is required to provide an annual payment
under the GASB45 ruling to actuarially fund the long-term health insurance commitment
to retirees. This annual amount is actuarially determined at least every two years, but at
the City Council's direction will be done every year; and
WHEREAS, for FY 2007-08, the actuarially required contribution for the City is
$5,000,000, and the City is funding this amount by providing $2,000,000 from Fund
Balance of the General Fund and $3,000,000 from a Dedicated Reserve for
Contingencies for GASB45.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $2,000,000 from the Fund Balance of the General Fund is hereby
appropriated and $3,000,000 from the Dedicated Reserve for Contingencies for
GASB45 is hereby transferred to the FY 2007-08 Non-Departmental Operating Budget
to fund the annual required contribution for the long-term health insurance commitment
to retirees.
2. That the above $5,000,000 required payment shall be remitted to the
V ACoNML Pooled Trust Fund by June 30, 2008.
day of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Jjo;~Q .
Management Services
~~?
CA10711
R-1
May 20,2008
VIRGINIA POOLED OPED TRUST FUND
AGREEMENT
THIS AGREEMENT (the "Agreement"), made by and between the Participating
Employers and their Local Finance Boards who execute Trust Joinder Agreements to participate
in the Virginia I Pooled OPEB Trust Fund, and the individuals named as Trustees pursuant to
Section 106 hereof and their successors (the "Board of Trustees"). The Participating Employers
and their Local Finance Boards hereby establish with the Board of Trustees, and the Board of
Trustees hereby accept, under the terms of this Agreement, a trust for the purpose of
accumulating and investing assets to fund post-employment benefits other than pensions as
provided in Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (~~ 15.2-1544 et
seq.) to be held for the purposes set forth herein.
WITNESSETH:
WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality
shall provide for all the governmental functions of the locality, including, without limitation, the
organization of all departments, offices, boards, commissions and agencies of government, and
the organizational structure thereof, which are necessary and the employment of the officers and
other employees needed to carry out the functions of government; and
WHEREAS, in connection with the employment of the officers and other employees
needed to carry out the functions of government, a locality may establish certain plans to provide
post-employment benefits other than pensions (referred to hereinafter as "Other Post-
Employment Benefits"), as defmed in Section 15.2-1545 of the Virginia Code, to individuals
who have terminated their service to the locality and to the dependents of such individuals; and
WHEREAS, Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code
(~~ 15.2-1544 et seq.) provides that the governing body of a city, county, or town, school district
or the governing body of any other political subdivision that is appointed by a city, county, or
town, if so authorized, may establish a trust, trusts, or equivalent arrangements for the purpose of
accumulating and investing assets to fund Other Post-Employment Benefits; and
WHERJB:AS, Section 15.2-1300 of the Virginia Code provides that any power, privilege
or authority exercised or capable of exercise by any political subdivision of the Commonwealth
of Virginia may be exercised and enjoyed jointly with any other political subdivision of the
Commonwealth having a similar power, privilege or authority pursuant to agreements with one
another for joint action pursuant to the provisions of that section; and
WHEREAS, the County of Fairfax and the County of Henrico have adopted ordinances
approving participation in the Virginia Pooled OPEB Trust Fund for each such locality; and
WHEREAS, the Participating Employers and their Local Finance Boards and the Board
of Trustees of the Virginia Pooled OPEB Trust Fund (herein referred to as the "Trust Fund")
hereby establish a trust for the purpose of accumulating and investing assets to fund Other Post-
Employment Benefits for Participating Employers; and
WHEREAS, the parties intend that the Trust Fund hereby established, when taken
together with the plans providing Other Post-Employment Benefits, shall constitute a "voluntary
employees' beneficiary association" under Section 50l(c)(9) and a tax-exempt governmental
trust under Section 115 of the Internal Revenue Code of 1986, as amended;
NOW, THEREFORE, the parties hereto mutually agree as follows:
PART 1- GENERAL PROVISIONS
Section 100. APPLICATION.
The provisions of Part 1 are general administrative provisions applicable to each Part of
this Agreement and provisions applicable to the Board of Trustees.
Section 101. DEFINITIONS.
The following definitions shall apply to this Agreement, unless the context of the term
indicates otherwise, and shall govern the interpretation of this Agreement:
A. Administrator. The term "Administrator" means the Virginia Local Government
Finance Corporation (d/b/a "VMLN ACo Finance Program") or any successor designated by the
Board of Trustees, with the consent of the Virginia Association of Counties and Virginia
Municipal League, to administer the Trust Fund.
B. Beneficiary. The term "Beneficiary" means a person designated by an Employee,
in accordance with the terms of a Plan, to be entitled to benefits under such Plan, and where the
context requires, includes a dependent of the Employee.
C. Code. The term "Code" means the Internal Revenue Code of 1986, as amended,
and, as relevant in context, the Internal Revenue Code of 1954, as amended.
D. Custodian. The term "Custodian" means the banks, mutual funds, insurance
companies or other qualified entities selected by the Board of Trustees, under a separate written
document with each, to hold the assets of the Trust Fund.
E. Effective Date. The term "Effective Date" means the date coinciding with the last
to occur of each of the following events: (i) passage of an ordinance by each of the Counties of
Fairfax and Henrico approving such Counties as Participating Employers in the Trust Fund;
(ii) execution by the Local Finance Boards of the Counties of Fairfax and Henrico of the Trust
Joinder Agreement; (iii) execution of this Agreement by all members of the initial Board of
Trustees and the Administrator; and (iv) any contribution of cash to the Trust by a Participating
Employer.
2
F. Employee. The term "Employee" means the employees and officials, if
applicable, of an Employer, and where the context requires, includes former Employees who
have terminated service with an Employer.
G. Employer. The term "Employer" means (i) the governing body of any county,
city, or town within the State, (ii) the governing body of any other political subdivision within
the State authorized to establish a trust under Section 15.2-1544 of the Virginia Code by the
governing body of any county, city, or town that appointed in whole or in part such governing
body, or (iii) any appointed or elected school board within the State.
H. Fiscal Year. The fIrst fiscal year of the Trust Fund shall be a short fiscal year
beginning on the Effective Date of this Agreement and ending on June 30, 2008. Each
subsequent fisGal year of the Trust Fund shall begin on the fIrst day of July and end on the
thirtieth day of June.
1. Jnvestment Policy. The term "Investment Policy" means the Virginia Pooled
OPEB Trust Fund Investment Policy, as established by the Board of Trustees, as amended from
time to time.
J. ;Local Finance Board. The term "Local Finance Board" means the ffiance board,
or any retiremt:nt board or deferred compensation board appointed by the governing body of a
Participating Employer to serve as the trustee of such Participating Employer with respect to the
Trust Fund, in accordance with Section 15.2-1547 of the Virginia Code, by execution of the
Trust Joinder Agreement. Each Local Finance Board shall be the trustee and representative of its
Participating Employer for purposes of this Agreement and shall vote the beneficial interest of
such Participating Employer in the Trust Fund, as prescribed in Part 3 of this Agreement.
K. Other Post-Emplovrnent BenefIts. The term "Other Post-Employment Benefits"
means any and all post-employment benefits other than pensions, including but not limited to
medical, dental, vision, disability and life insurance which may be provided to Employees and
Beneficiaries, as may be provided under Plans of Participating Employers.
L. participating Employer. The term "Participating Employer" means an Employer
whose governing body has passed an ordinance or resolution to participate in the Trust Fund, and
whose Local Finance Board, serving as the trustee of such Employer in accordance with Section
15.2-1547 of the Virginia Code, executes a Trust Joinder Agreement, as provided in Section 301
hereof.
M. I'lan. The term "Plan" means the plan or plans established to provide Other
Post-Employmt::nt Benefits, which are maintained by Participating Employers pursuant to any
applicable statute, regulation, ordinance, resolution, plan, program, policy, agreement,
understanding or other arrangement for the benefit of Employees and their Beneficiaries.
N. ~:tate. The term "State" means the Commonwealth of Virginia.
3
O. Trust Fund. The term "Trust Fund" means the Virginia Pooled OPEB Trust Fund,
comprised of all of the assets set aside hereunder for the purpose of accumulating and investing
assets to fund Other Post-Employment Benefits.
P. Trust Joinder Agreement. The term "Trust Joinder Agreement" means the
agreement, in the form attached hereto as Exhibit A, pursuant to which the Local Finance Board
joins in the Trust Fund, as the trustee of such Participating Employer, and agrees to be bound by
the terms and conditions of the Virginia Pooled OPEB Trust Fund Agreement, as provided in
Section 301 hereof.
Q. Trustees. The term "Trustees" means the individuals who serve on the Board of
Trustees of the Trust Fund pursuant to Section 106 hereof and their successors.
R. Virginia Code. The term "Virginia Code" means the laws embraced in the titles,
chapters, articles and sections designated and cited as the "Code of Virginia," under the laws of
the State.
Section 102. GENERAL DUTIES AND MEETINGS OF THE BOARD OF TRUSTEES.
A. General Duties. The Board of Trustees and each Investment Manager appointed
pursuant to this Agreement shall discharge their respective duties under this Agreement solely in
the interest of Employees and Beneficiaries of the Participating Employers and: (i) except as
otherwise provided by any applicable provision of any statute, regulation, ordinance, or
resolution, for the exclusive purpose of providing Other Post-Employment Benefits to
Employees and Beneficiaries of Participating Employers and defraying the reasonable expenses
of administering the Trust Fund; (ii) with the care, skill, prudence and diligence under the
circumstances then prevailing that a prudent person acting in a like capacity and familiar with
such matters would use in the conduct of an enterprise of like character and with the same aims;
and (iii) by diversifying the investments of the Trust Fund so as to minimize the risk of large
losses unless under the circumstances, it is clearly prudent not to do so. However, the duties and
obligations of the Board of Trustees and each Investment Manager, respectively, as such, shall
be limited to those expressly imposed upon them, respectively, by this Agreement
notwithstanding any reference herein to the Plans. The Board of Trustees shall administer the
Trust Fund in compliance with Code Section 503(b).
1. Authority of the Trustees. The Trustees shall have the power and
authority and shall be charged with the duty of general supervision and operation of the
Trust Fund, and shall conduct the business and activities of the Trust Fund in accordance
with this Agreement, the Trust Joinder Agreements, bylaws, rules and regulations
adopted by the Board of Trustees and applicable law.
2. Trustees' Liabilities. No Trustee shall be liable for any action taken
pursuant to this Agreement in good faith or for an omission except bad faith or gross
negligence, or for any act of omission or commission by any other Trustee. The Trustees
are hereby authorized and empowered to obtain, at the expense of the Trust Fund,
liability insurance fully protecting the respective Trustees, the Administrator, and the
4
Trust Fund from any loss or expense incurred, including reasonable attorney's fees, for
all acts of the Trustees except bad faith or gross negligence. The Trust Fund shall save,
hold harmless and indemnify the Trustees and Administrator from any loss, damage or
expense incurred by said persons or entities while acting in their official capacity
excepting bad faith or gross negligence.
3. Standard of Review. In evaluating the performance of the Trustees,
compliance by the Trustees with this Agreement must be determined in light of the facts
and cirl;umstances existing at the time of the Trustees' decision or action and not by
hindsight.
4. Limitations on Liabilities. The Trustees' responsibilities and liabilities
shall be subject to the following limitations:
(a) The Trustees shall have no duties other than those expressly set
forth in this Agreement and those imposed on the Trustees by applicable laws.
(b) The Trustees shall be responsible only for money actually received
by the Trustees, and then to the extent described in this Agreement. The Trustees
:;hall not be under any duty to require payment of any contribution to the Trust
:Fund or to see that any payment made to them is computed in accordance with the
provisions of the Plans.
(c) The Trustees shall not be responsible for the correctness of any
determination of payments or disbursements from the Trust Fund.
(d) The Trustees shall have no liability for the acts or omissions of any
predecessor or successor in office.
(e) The Trustees shall have no liability for (i) the acts or omissions of
any Investment Advisor or Advisors, or Investment Manager or Managers; (ii) the
acts or omissions of any insurance company; (iii) the acts or omissions of any
mutual fund; or (iv) following directions that are given to the Trustees by the
Local Finance Board in accordance with this Agreement.
B. ]teliance on Counsel. The Board of Trustees may employ, retain or consult with
legal counsel, who may be counsel for the Administrator, concerning any questions which may
arise with reference to the duties and powers or with reference to any other matter pertaining to
this Agreement; and the opinion of such counsel shall be full and complete authorization and
protection in re:~pect of any action taken or suffered by the Trustees in good faith in accordance
with the opinion of such counsel, and the Trustees shall not be individually or collectively liable
therefor.
C. Meetings. The Board of Trustees shall meet at least quarterly, and more
frequently if called, at the principal office of the Trust Fund or at such other location as may be
acceptable to a majority of the Trustees. One such quarterly meeting of the Board of Trustees
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shall be held as soon as practicable after the adjournment of the annual meeting of Local Finance
Boards of Participating Employers at such time and place as the Board of Trustees may
designate. Other meetings of the Board of Trustees shall be held at places within the
Commonwealth of Virginia and at times fixed by resolution of the Board of Trustees, or upon
call of the Chairperson of the Board or a majority of the Trustees, on not less than ten (10) days
advance notice. Such notice shall be directed to the Trustees by mail to the respective addresses
of the Trustees as recorded in the office of the Trust Fund. The notice of any special meetings of
the Board of Trustees shall state the purpose of the meeting.
A majority of the number of Trustees elected and serving at the time of any
meeting shall constitute a quorum for the transaction of business. The act of a majority of
Trustees present at a meeting at which a quorum is present shall be the act of the Board of
Trustees. Less than a quorum may adjourn any meeting.
D. Office of the Trust Fund. The Administrator shall establish, maintain and provide
adequate funding for an office for the administration of the Trust Fund. The address of such
office is to be made known to the parties interested in or participating in the Trust Fund and to
the appropriate governmental agencies. The books and records pertaining to the Trust Fund and
its administration shall be kept and maintained at the office of the Trust Fund.
E. Execution of Documents. A certificate signed by a person designated by the
Board of Trustees to serve as Secretary shall be evidence of the action of the Trustees, and any
such certificate or other instrument so signed shall be kept and maintained at the office of the
Trust Fund and may be relied upon as an action of the Trustees.
F. Appointment of Administrator. The Virginia Local Government Finance
Corporation is hereby designated the Administrator. The Board of Trustees may designate any
successor Administrator only with the consent of the boards of the Virginia Association of
Counties and the Virginia Municipal League and shall provide compensation for the
Administrator to administer the affairs of the Trust Fund.
G. Duty to Furnish Information. The Local Finance Boards and the Board of
Trustees shall furnish to each other any document, report, return, statement or other information
that the other reasonably deems necessary to perform duties imposed under this Agreement or
otherwise imposed by law.
H. Reliance on Communications. The Board of Trustees may rely upon a
certification of a Local Finance Board with respect to any instruction, direction, or approval of
its Participating Employer and may continue to rely upon such certification until a subsequent
certification is filed with the Trustees. The Trustees shall have no duty to make any
investigation or inquiry as to any statement contained in any such writing but may accept the
same as fully authorized by the Local Finance Board'and its Participating Employer.
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Section 103. ADMINISTRATIVE POWERS AND DUTIES.
A. Trustees. The Board of Trustees, in addition to all powers and authorities under
common law or statutory authority, including Article 8, Chapter 15, Subtitle II of Title 15.2 of
the Virginia Code (~~ 15.2-1544 et seq.), shall have and in its sole and absolute discretion may
exercise from time to time and at any time, either through its own actions, delegation to the
Administrator, or through a Custodian selected by the Board of Trustees, the following
administrative powers and authority with respect to the Trust Fund:
1. To receive for the purposes hereof all cash contributions paid to them by
or at th,e direction of the Participating Employers or their Local Finance Boards.
2. To hold, invest, reinvest, manage, administer and distribute cash balances
as shall be transferred to the Trustees from time to time by the Participating Employers or
their Local Finance Boards and the increments, proceeds, earnings and income thereof for
the ex<;lusive benefit of Employees and Beneficiaries under the Plans of each
Participating Employer.
3. To continue to hold any property of the Trust Fund that becomes
otherwise unsuitable for investment for as long as the Board of Trustees in its discretion
deem desirable; to reserve from investment and keep unproductive of income, without
liability for interest, cash temporarily awaiting investment and such cash as it deems
advisable, or as the Administrator from time to time may specify, in order to meet the
administrative expenses of the Trust Fund or anticipated distributions therefrom.
4. To hold property of the Trust Fund in the name of the Trust Fund or in the
lllune of a nominee or nominees, without disclosure of the trust, or in bearer form so that
it will pass by delivery, but no such holding shall relieve the Board of Trustees of its
responsibility for the safe custody and disposition of the Trust Fund in accordance with
the provisions of this Agreement; the books and records of the Board of Trustees shall
show at all times that such property is part of the Trust Fund and the Board of Trustees
shall be absolutely liable for any loss occasioned by the acts of its nominee or nominees
with respect to securities registered in the name of the nominee or nominees.
5. To employ in the management of the Trust Fund suitable agents, without
liability for any loss occasioned by any such agents, selected with the care, skill,
prudence and diligence under the circumstances then prevailing that a prudent person
acting in a like capacity and familiar with such matters would use in the conduct of an
enterprise of a like character and with the same aims.
6. To make, execute and deliver, as trustee, any deeds, conveyances, leases,
mortgages, contracts, waivers or other instruments in writing that it may deem necessary
or desirable in the exercise of its powers under this Agreement.
7. To do all other acts that it may deem necessary or proper to carry out any
of the powers set forth in this Section 103 or Section 202, to administer or carry out the
7
purposes of the Trust Fund, or as otherwise is in the best interests of the Trust Fund;
provided, however, the Board of Trustees need not take any action unless in its opinion
there are sufficient Trust Fund assets available for the expense thereof.
8. To adopt bylaws governing the Trustees' operations and procedures.
9. To contract with municipal corporations, political subdivisions and other
public entities of State or of local government and private entities for the provision of
Trust Fund services and for the use or furnishing of services and facilities necessary,
useful, or incident to providing Trust Fund services.
10. To advise the Administrator on the establishment of expectations with
regard to the provision of administrative services and the establishment of appropriate fee
levels.
11. To establish and charge fees for participation in the Trust Fund and for
additional administrative services provided to a Participating Employer in addition to any
fees charged by other administrative service providers.
12. To collect and disburse all funds due or payable from the Trust Fund,
under the terms of this Agreement.
13. To provide for and promulgate all rules, regulations, and forms deemed
necessary or desirable in contracting with Local Finance Boards and their Participating
Employers, in fulfilling the Trustees' purposes of providing Other Post-Employment
Benefits through the Trust Fund, and in maintaining proper records and accounts.
14. To employ insurance companies, banks, trust companies, investment
brokers, investment advisors, or others as agents for the receipt and disbursement of
funds held in trust for Participating Employers.
15. To determine, consistent with the applicable law and the procedures under
the Trust Fund, all questions of law or fact that may arise as to investments and the rights
of any Participating Employer to assets of the Trust Fund.
16. Subject to and consistent with the Code and the Virginia Code, to construe
and interpret the Trust Agreement and to correct any defect, supply any omissions, or
reconcile any inconsistency in the Agreement.
17.
products.
To contract for, purchase or otherwise procure insurance and investment
B. Administrator. Pursuant to an administrative services agreement between the
Board of Trustees and the Administrator, the Administrator shall have the power and authority to
implement policy and procedural matters as directed by the Board of Trustees as they relate to
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the ongoing operation and supervision of the Trust Fund and the provisions of this Agreement
and applicablt:: law.
Section 104. TAXES. EXPENSES AND COMPENSATION OF TRUSTEES.
A. Taxes. The Administrator, without direction from the Board of Trustees, shall
payout of the Trust Fund all taxes, if any, imposed or levied with respect to the Trust Fund, or
any part thereof, under applicable law, and, in its discretion, may contest the validity or amount
of any tax, assessment, claim or demand respecting the Trust Fund or any part thereof.
B. Expenses and Compensation. The Board of Trustees is authorized to set aside
from Participating Employer contributions received and the investment income earned thereon a
reasonable suru for the operating expenses and administrative expenses of the Trust Fund. All
remaining funds coming into the Trust shall be set aside, managed and used only for the payment
of Other Post-Employment Benefits.
By resolution of the Board of Trustees, Trustees may be provided a reasonable per
diem fee and/or reimbursement for expenses for attendance at all meetings. Notwithstanding the
preceding sentence, any person employed by a public body, including elected officials or
appointed members of governing bodies of a county, city or town or other political subdivision,
shall not be eligible to receive fees for services as Trustee from the Trust Fund other than
reimbursement for reasonable expenses incurred in connection with his or her responsibilities as
a Trustee.
C. Payment of Expenses. The Board of Trustees may use and apply assets in the
Trust Fund to payor provide for the payment of all reasonable and necessary expenses which
may be incurred in connection with the establishment and maintenance of the Trust Fund,
including but Dot limited to, the employment of such administrative, legal, accounting, and other
expert and clt:rical assistance, and the purchase or lease of such materials, supplies and
equipment as the Trustees, in its discretion, may deem necessary or appropriate in the
performance of its duties, or the duties of the agents or employees of the Trust Fund or the
Trustees.
Section 105. !:OMMUNICATIONS.
Until Dotice is given to the contrary, communication to the Trustees or to the
Administrator ~~hall be sent to them at the Trust Fund's office in care of the Administrator. The
Administrator's address is VMLN ACo Finance Program at 1108 E. Main Street, Suite 801,
FUchrnond, VA 23219.
Section 106. ~\PPOINTMENT. RESIGNATION OR REMOVAL OF TRUSTEES.
A. Trustees. Except as otherwise provided for the initial group of Trustees and in
subsections B.2 and E of this section, the Trustees shall be selected from the members of Local
Finance Boards. Notwithstanding any other provision of this Agreement, no more than one
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member of the Local Finance Board of any particular Participating Employer shall be eligible to
sit on the Board of Trustees at one time.
B. Appointment of Trustees and Length of Appointment. The number of Trustees
serving on the Board of Trustees shall be between five (5) and nine (9). The actual number of
Trustees may be increased or decreased from time to time within this range by the Board of
Trustees by resolution of the Board of Trustees. Only the Local Finance Boards, by vote taken
in accordance with Section 307 hereof, may increase or decrease the range in the number of
Trustees. No decrease in number shall have the effect of shortening the term of any incumbent
Trustee.
1. The initial group of Trustees shall be an interim group of five (5) Trustees
to establish the Trust Fund as follows: (a) one (1) individual selected by the Local
Finance Board of the County of Fairfax from among its members, (b) one (1) individual
selected by the Local Finance Board of the County of Henrico from among its members,
and (c) three (3) individuals designated by agreement of the Virginia Association of
Counties ("V ACo") and the Virginia Municipal League ("VML").
With the first annual meeting of the Local Finance Boards, the Board of
Trustees shall be divided into no fewer than two classes, Class A (which includes
representatives of the Local Finance Boards of the two founding Participating Employers
until the annual meeting of the Local Finance Boards for the Fiscal Year ending June 30,
2015 (the "Fiscal Year 2015 annual meeting")) and Class B (which includes the Trustees
selected by VML and V ACo until the first annual meeting of Local Finance Boards for
the Fiscal Year ending June 30, 2009 (the "Fiscal Year 2009 annual meeting")). An
additional Class C with two seats may be created by the Board of Trustees prior to any
annual meeting, but only if there are at least seven total Participating Employers.
Provided there are at least nine total Participating Employers, the Board of Trustees may
create a nine-member Board of Trustees, in which case one additional seat shall be
allocated to Class A and one additional seat to Class C.
2. On or after July 1, 2008, the Trustees shall solicit nominations from the
Local Finance Boards for open Trusteeships and such nominees shall constitute the
candidates for the election of Trustees by vote at the Fiscal Year 2009 annual meeting of
the Local Finance Boards as provided in Section 307. In the event that there are not a
sufficient number of eligible nominees, nominations will be provided by the Executive
Directors of the Virginia Association of Counties and the Virginia Municipal League
from among the members of any Local Finance Board, local government officials or local
government employees.
The initial group of Trustees described in B.l(a) and (b) above shall be
classified as Class A Trustees and shall serve until the Fiscal Year 2012 annual meeting
of the Local Finance Boards and for one three-year term thereafter until successor
Trustees are elected at the Fiscal Year 2015 annual meeting of the Local Finance Boards,
in accordance with Section 106E below, from the pool of nominees selected by all Local
Finance Boards. If an additional Class A Trustee seat is created for a non-founding
10
Participating Employer's Local Finance Board before the Fiscal Year 2011 annual
meeting, that seat will expire at the Fiscal Year 2012 annual meeting. If such an
additional Class A board seat is created subsequent to the Fiscal Year 2011 annual
meeting, then it will expire at the annual meeting when the founding Participating
Employers' board seats expires beginning at the annual meeting held in Fiscal Year 2015,
if appropriate, and every third succeeding year thereafter.
The initial group of Trustees described in B.l ( c) above shall be classified
as ClasH B Trustees and shall serve until successor Trustees are elected at the Fiscal Year
2009 annual meeting of Local Finance Boards. At the Fiscal Year 2009 annual meeting
of Local Finance Boards, Trustees of Class B shall be elected to hold office for a one-year
term expiring at the Fiscal Year 2010 annual meeting of Local Finance Boards until
successor Trustees are elected at the Fiscal Year 2010 annual meeting of the Local
Finance Boards, in accordance with Section 106E below, from the p091 of nominees
selected by all Local Finance Boards.
Trustees of the third class (Class C), if such a class is created, shall be
elected 1:0 hold office for a two-year term expiring at the Fiscal Year 2011 annual meeting
of Local Finance Boards until successor Trustees are elected at the Fiscal Year 2011
annual meeting of the Local Finance Boards, in accordance with Section 106E below,
from tht~ pool of nominees selected by all Local Finance Boards.
At each annual meeting of Local Finance Boards after the annual
meetings of Local Finance Boards described above, the successors to the class of Trustees
whose terms shall then expire shall be identified as being of the same class as the trustees
they succeed and elected to hold office for a term expiring at the third succeeding annual
meeting of Local Finance Boards. If a Class C is created at a subsequent annual meeting,
its seats will expire one year following the year in which the Class B seats expire.
Trustees shall hold their offices until the next annual meeting of Local Finance Boards for
such Tmstee's respective Class and until their successors are elected and qualify.
~" At each annual meeting of the Local Finance Boards, the incumbent
Trustees will present all nominations received for each class of Trustees (A, B, or C) for
which an election is to be held. If a Local Finance Board does not designate a particular
class for its nominee(s), such names will be included on the lists of eligible nominees for
each class for which an election is to be held unless the individual named is elected to
another :;eat.
4. No individual Trustee may be elected or continue to serve as a Trustee
after be.:::oming an owner, officer or employee of the Administrator, an Investment
Advisor, an Investment Manager or a Custodian. Except as otherwise provided in B.2
above, f,Jllowing the ftrst election for Trustees, no Trustee may be elected or continue to
serve as a Trustee unless he or she is a member of a Local Finance Board.
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5. Each Trustee and each successor Trustee shall acknowledge and consent
to his or her election as a Trustee by giving written notice of acceptance of such election
to the Chairperson of the Trustees.
C. Resignation of a Trustee.
1. A Trustee may resign from all duties and responsibilities under this
Agreement by giving written notice to the Chairperson of the Trustees. The Chairperson
may resign from all duties and responsibilities under this Agreement by giving written
notice to all of the other Trustees. Such notice shall state the date such resignation shall
take effect and such resignation shall take effect on such date but not later than sixty (60)
days after the date such written notice is given.
2. Any Trustee, upon leaving office, shall forthwith turn over and deliver to
the Chairperson at the principal office of the Trust Fund any and all records, books,
documents or other property in his or her possession or under his or her control which
belong to the Trust Fund. The Chairperson, upon leaving office, shall forthwith turn over
and deliver to the Administrator at the principal office of the Trust Fund any and all
records, books, documents or other property in his or her possession or under his or her
control which belong to the Trust Fund.
D. Removal of a Trustee. Each Trustee, unless due to the resignation, death,
incapacity, removal, or conviction of a felony or any offense for which registration is required as
defmed in Virginia Code S 9.1-902 and for whom all rights of appeal under Virginia law have
expired, shall serve and shall continue to serve as Trustee hereunder, subject to the provisions of
this Agreement.
A Trustee shall relinquish his or her office or may be removed by a majority vote
of the Trustees or ipso facto when the Employer which he represents is no longer a Participating
Employer in the Trust Fund. Notice of removal of a Trustee shall be furnished to the other
Trustees by the Chairperson of the Trustees and shall set forth the effective date of such removal.
Notice of removal of the Chairperson shall be furnished to the other Trustees by the
Administrator and shall set forth the effective date of such removal.
E. Appointment of a Successor Trustee. Except as otherwise provided in part B.l of
this Section with respect to the initial two terms of Class A Trustees, in the event a Trustee shall
die, resign, become incapacitated, be removed from office, or convicted of a felony or any
offense for which registration is required as defined in Virginia Code S 9.1-902 and for whom all
rights of appeal under Virginia law have expired, a successor Trustee shall be elected forthwith
by the affirmative vote of the majority of the remaining Trustees though less than a quorum of
the Board of Trustees. The notice of the election of a successor Trustee shall be furnished to the
other Trustees by the Chairperson. In case of the removal, death, resignation, etc. of the
Chairperson, notice of the election of a successor Trustee, and the new Chairperson, shall be
furnished to the other Trustees by the Administrator. Eligible nominees will be provided by the
members of the Local Finance Board of the Trustee being replaced; however, no more than one
member of such board may serve as Trustee at one time. If such nominees do not receive the
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affIrmative vote of a majority of the remaining Trustees, additional eligible nominees will be
provided by the Executive Directors of the Virginia Association of Counties and the Virginia
Municipal League from among the members of any Local Finance Board, and, if there are an
insufficient number of nominees to fill available positions, local government offIcials or local
government employees. The term of office of any Trustee so elected shall expire at the next
Local Finance Board meeting at which Trustees are elected where a successor shall be elected to
complete the term for the Class to which such Trustee has been assigned. Any successor Trustee
for a Class A Trustee from a founding Participating Employer with respect to the initial two
terms shall be appointed by that Trustee's Local Finance Board.
F. Jrustees' Rights. In case of the death, resignation or removal of anyone or more
of the Trustees, the remaining Trustees shall have the powers, rights, estates and interests of this
Agreement as Trustees and shall be charged with the duties of this Agreement; provided in such
cases, no action may be taken unless it is concurred in by a majority of the remaining Trustees.
Section 107. IJonding. All Trustees shall immediately make application for a fidelity bond, to
any company designated by the Board of Trustees, in such amount as may be specified by the
Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds
shall be continued in force in such amount as the Board of Trustees may from time to time
require. If a Tmstee's bond is refused, or is ever cancelled, except with the Board of Trustee's
approval, such Trustee may be removed from offIce by majority vote of the Board of Trustees
and such Truste~e shall be entitled to compensation, if any, to the date of such removal only. A
bond for a Trustee is not required under this section if a bond is obtained for such Trustee
pursuant to Section 408.
Jl>>ART 2 - PROVISIONS APPLICABLE TO INVESTMENTS
Section 200. APPLICATION.
The provisions of Part 2 apply to the investments of the Trust Fund.
Section 201. ADMINISTRATION OF TRUST.
A. peneral. All such assets shall be held by the Trustees in the Trust Fund.
B. Contributions. The Board of Trustees hereby delegates to the Administrator the
responsibility for accepting cash contributions to the Trust Fund and the Administrator shall have
the responsibility for accepting cash contributions by Participating Employers. Contributions of
a Participating Employer to fund Other Post-Employment Benefits are irrevocable. Assets held
in the Trust Flmd shall be dedicated to providing Other Post-Employment Benefits or to
defraying reasonable expenses of the Trust Fund. Neither the Trustees nor the Administrator
shall be under any duty to determine whether the amount of any contribution is in accordance
with the PartiCIpating Employer's Plan or Plans or to collect or enforce payment of any
contribution. All contributions by a Participating Employer shall be transferred to the Trust
Fund to be held: managed, invested and distributed as part of the Trust Fund by the Trustees in
accordance with the provisions of this Agreement and applicable law.
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C. Applicable Laws and Regulations, The Board of Trustees shall be authorized to
take the steps it deems necessary or appropriate to comply with any laws or regulations
applicable to the Trust Fund.
D. Accumulated Share. No Participating Employer shall have any right, title or
interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial
interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to
each Participating Employer.
Section 202. MANAGEMENT OF INVESTMENTS OF THE TRUST FUND.
A. Authority of Trustees. Except as set forth in subsections C, D, E, G or H of this
Section, and except as otherwise provided by law, the Board of Trustees shall have exclusive
authority and discretion to manage and control the assets of the Trust Fund held by them
pursuant to the guidelines established by the Board of Trustees in the Investment Policy.
B. Investment Policy. The Board of Trustees, as its primary responsibility under this
Agreement, shall develop a written Investment Policy establishing guidelines applicable to the
investment of the assets of the Trust Fund, and from time to time shall modify such Investment
Policy, in light of the short and long-term [mancial needs of the Plans. The Investment Policy
shall serve as the description of the funding policy and method for the Trust Fund.
C. Investment Advisor. The Board of Trustees, from time to time, may direct the
Administrator to appoint one (1) or more independent Investment Advisors ("Investment
Advisor"), pursuant to a written investment advisory agreement with each, describing the powers
and duties of the Investment Advisor with regard to the management of all or any portion of any
investment or trading account of the Trust Fund. The Investment Advisor shall review, a
minimum of every calendar quarter, the suitability of the Trust Fund's investments, the
performance of the Investment Managers and their consistency with the objectives of the
Investment Policy with assets in the portion of the Trust Fund for which the Investment Manager
has responsibility for management, acquisition or disposition.
If the Administrator contracted with a lead Investment Advisor prior to the
establishment of this Agreement, the Board of Trustees may ratify such contract. The lead
Investment Advisor will serve at the pleasure of the Board of Trustees and will be compensated
for its recurring, usual and customary services as part of the fee schedule established with the
Administrator.
D. Investment Advisor Duties. Subject to the approval of the Board of Trustees, the
Investment Advisor shall recommend an asset allocation for the Trust Fund that is consistent
with the objectives of the Investment Policy. If the Board of Trustees shall approve a separate
Investment Policy with respect to assets in a segregated portion of the Trust Fund, the Investment
Advisor shall recommend an asset allocation for such segregated portion of the Trust Fund that is
consistent with the objectives of such Investment Policy. At least annually, the Investment
Advisor shall review the Investment Policy and asset allocation with the Board of Trustees. The
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Investment Advisor shall also advise the Board of Trustees with regard to investing in a manner
that is consist';:nt with applicable law, and, as advised by the Administrator, the expected
distribution requirements of the Plans.
E. Investment Managers. The Board of Trustees, from time to time, may appoint
one (1) or more independent Investment Managers ("Investment Manager"), pursuant to a
written investment management agreement with each, describing the powers and duties of the
Investment Manager to invest and manage all or a portion of the Trust Fund. The Investment
Manager shall have the power to direct the management, acquisition or disposition of that
portion of the Trust Fund for which the Investment Manager is responsible.
The Board of Trustees shall be responsible for ascertaining that each Investment
Manager, while acting in that capacity, satisfies the following requirements:
l. The Investment Manager is either (i) registered as an investment adviser
under the Investment Advisers Act of 1940, as amended; (ii) a bank as defined in that
Act; or (iii) an insurance company qualified to perform the services described herein
under the laws of more than one state; and
2. The Investment Manager has acknowledged in writing to the Board of
Trustee~: that it is a fiduciary with respect to the assets in the portion of the Trust Fund for
which 1he Investment Manager has responsibility for management, acquisition or
dispositIOn.
F. !:ustodians. The Custodian(s) shall no less frequently than annually or at the
request of the Board of Trustees certify the value of any property of the Trust Fund managed by
the Investment Manager(s). The Trustees shall be entitled to rely conclusively upon such
valuation for all pwposes under the Trust Fund.
G. Investment in Insurance Contracts. The Trustees may offer one (1) or more
investment options pursuant to one (1) or more agreements with insurance companies qualified
to do business in the Commonwealth of Virginia. Any asset invested pursuant to such an
agreement shall be held by the ~surance company. Each insurance company so selected shall
certify the value of the Trust Fund's interest in the property held by it at least annually. The
Trustees shall be entitled to rely conclusively on such valuation for all pwposes under this
Agreement.
H. Investment in Mutual Funds. The Trustees may offer one (1) or more investment
options pursuant to one (1) or more agreements with companies offering mutual fund products.
Any asset invested pursuant to such an agreement shall be held by the Trustees. Each mutual
fund so selected. shall certify the value of the Trust Fund's interest in that fund at least annually.
The Trustees shall be entitled to rely conclusively on such valuation for all purposes under the
Trust Fund.
I. Absence of Trustees' Responsibility for Investment Advisor and Manager.
Except to the e:xtent provided in paragraph A of Section 102 above, the Board of Trustees,
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collectively and individually, shall not be liable for any act or omission of any Investment
Manager and shall not be under any obligation to invest or otherwise manage the assets of the
Trust Fund that are subject to the management of any Investment Manager. Without limiting the
generality of the foregoing, the Board of Trustees shall be under no duty at any time to make any
recommendation with respect to disposing of or continuing to retain any such asset.
Furthermore, the Board of Trustees, collectively and individually, shall not be liable by reason of
its taking or refraining from taking the advice of the Investment Advisor any action pursuant to
this Section, nor shall the Board of Trustees be liable by reason of its refraining from taking any
action to remove or replace any Investment Manager on advice of the Investment Advisor; and
the Trustees shall be under no duty to make any review of an asset acquired at the direction or
order of an Investment Manager.
J. Reporting. The Board of Trustees shall be responsible for and shall cause to be
filed periodic audits, valuations, reports and disclosures of the Trust Fund as are required by law
or agreements. Notwithstanding anything herein to the contrary, the Board of Trustees shall
cause the Trust Fund to be audited by a certified public accounting firm retained for this purpose
at least once each year.
The Board of Trustees may employ professional advisors to prepare such audits,
valuations, reports and disclosures and the cost of such professional advisors shall be borne by
the Trust Fund.
K. Commingling Assets. Except to the extent prohibited by applicable law, the
Board of Trustees may commingle the assets of all Participating Employers held by the Board of
Trustees under this Agreement for investment pmposes in the Trust Fund and shall hold the
Trust Fund in trust and manage and administer the same in accordance with the terms and
provisions of this Agreement. However, the assets of each Participating Employer shall be
accounted for separately. The Board of Trustees and the Administrator shall be under no duty to
determine whether the amount of any contribution is in accordance with the Plans, or to collect
or enforce payment of any contribution, or distribution to Plan participants.
Section 203. ACCOUNTS.
The Trustees shall keep or cause to be kept at the expense of the Trust Fund accurate and
detailed accounts of all its receipts, investments and disbursements under this Agreement, with
the Trustees accounting separately for each Investment Manager's portion of the Trust Fund.
Section 204. DISBURSEMENTS FROM THE TRUST.
A. Trust Payments. The Board of Trustees hereby delegates to the Administrator the
responsibility for making payments from the Trust Fund. In accordance with rules and
regulations established by the Board of Trustees, the Administrator shall make payments from
the Trust Fund for Other Post-Employment Benefits, as directed by the Local Finance Board of
each Participating Employer. Such rules and regulations shall include procedures for
certification by the Local Finance Board that payments from the Trust Fund are for the purpose
of: (i) paying Other Post-Employment Benefits to or on behalf of Employees or Beneficiaries,
16
(ii) paying premiums to an insurer for Other Post-Employment Benefits, (iii) an irrevocable
transfer of assl~ts to a trust, or equivalent arrangement, for providing Other Post-Employment
Benefits to Employees and Beneficiaries, which trust assets are legally protected from creditors
of the Participating Employer, or (iv) for any purpose permitted under Governmental Accounting
Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting by Employers
for Postemployment Benefits Other Than Pensions or applicable Virginia law. Payments shall be
made in such manner, in such amounts and for such purposes, including the payment of Other
Post-Employment Benefits under participating Plans, as may be directed by the Local Finance
Board. Paymmts from the Trust Fund shall be made by electronic transfer or check (or the
check of an agent) for deposit to the order of the payee. Payments or other distributions
hereunder may be mailed to the payee at the address last furnished to the Administrator. The
Trustees shall not incur any liability on account of any payment or other distribution made by the
Trust Fund in alccordance with this Section. Such payment shall be in full satisfaction of claims
hereunder against the Trustee, Administrator or Participating Employer.
B. !\.llocation of Expenses. The Trustees shall pay all expenses of the Trust Fund
from the assets in the Trust Fund. All expenses of the Trust Fund, which are allocable to a
particular investment option or account, may be allocated and charged to such investment option
or account as determined by the Trustees. All expenses of the Trust Fund which are not
allocable to a particular investment option or account shall be charged to each such investment
option or account in the manner established by the Trustees.
Section 205. INVESTMENT OPTIONS.
The Tmstees shall initially establish one (1) investment option within the Trust Fund
pursuant to the Investment Policy, for communication to, and acceptance by, Local Finance
Boards. Following development of the initial "investment option" pursuant to the Investment
Policy, the Board of Trustees may develop up to two (2) additional investment options, reflecting
different risk/re:tum objectives and corresponding asset mixes, for selection by Local Finance
Boards, as altematives to the initial investment option. The determination to add alternative
investment opti.ons to the Investment Policy, and the development of each such investment
option, are within the sole and absolute discretion of the Board of Trustees. The Trustees shall
transfer to any deemed investment option developed hereunder such portion of the assets of the
Trust Fund as appropriate. The Trustees shall manage, acquire or dispose of the assets in an
investment option in accordance with the directions given by each Local Finance Board. All
income received with respect to, and all proceeds received from, the disposition of property held
in an investment option shall be credited to, and reinvested in, such investment option. If
multiple investment options are developed, the Board of Trustees shall establish one (1) default
investment option in the absence of valid Local Finance Board investment direction.
If multiple investment options are developed, from time to time, the Board of Trustees
may eliminate an investment option, and the proceeds thereof shall be reinvested in the default
investment option unless another investment option is selected in accordance with directions
given by the LOGal Finance Board.
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II
Notwithstanding anything hereinabove to the contrary, the Board of Trustees, in its sole
discretion, may establish a separate, short-term investment option or fund, to facilitate
contributions, disbursements or other short-term liquidity needs of the Trust or of particular
Participating Employers. Separate investment funds within the Trust Fund and varying
percentages of investment in any such separate investment fund by the Participating Employers,
to the extent so determined by the Board of Trustees, are expressly permitted.
PART 3 - PROVISIONS APPLICABLE TO P ARTICIP A TING EMPLOYERS
Section 300. APPLICATION.
The provisions of Part 3 set forth the rights of Participating Employers.
Section 301. PARTICIPATING EMPLOYERS.
A. Approval. The Board of Trustees or its designee shall receive applications from
Employers for membership in the Trust Fund and shall approve or disapprove such applications
for membership in accordance with the terms of this Agreement, the Trust Joinder Agreement,
bylaws and the rules and regulations established by the Board of Trustees for admission of new
Participating Employers. Before approving the participation of any Employer that has
established a Plan, the Board of Trustees or its designee shall determine and affIrm that such
Employer is permitted to establish a trust pursuant to Article 8, Chapter 15, Subtitle II of Title
15.2 of the Virginia Code (~~ 15.2-1544 et seq.). The Board of Trustees shall have total
discretion in determining whether to accept a new member. The Board of Trustees may delegate
the authority for membership approval to the Administrator.
B. Execution of Trust Joinder Alrreement bv Local Finance Board. Each Employer
will make its election to become a Participating Employer by directing its Local Finance Board
to execute a Trust Joinder Agreement in such form and content as prescribed by the Board of
Trustees. By the Local Finance Board's execution of the Trust Joinder Agreement, the
Participating Employer agrees to be bound by all the terms and provisions of this Agreement, the
Trust Joinder Agreement, the bylaws and any other rules and regulations adopted by the Trustees
under this Agreement. The Local Finance Board of each Participating Employer, serving as such
Employer's Trustee, in accordance with Virginia Code ~ 15.2-1547, shall represent such
Participating Employer's interest in all meetings, votes, and any other actions to be taken by a
Participating Employer hereunder. A Local Finance Board may designate one or more, but less
than all, of its members to serve as the authorized representative of such Local Finance Board for
purposes of this Agreement.
C. Continuing as a Participating Employer. Application for participation in this
Agreement, when approved in writing by the Board of Trustees or its designee, shall constitute a
continuing contract for each succeeding fiscal year unless terminated by the Trustees or unless
the Participating Employer resigns or withdraws from this Agreement by written notice of its
Local Finance Board. The Board of Trustees may terminate a Participating Employer's
participation in this Agreement for any reason by vote of three-fourths (%) of the Board of
Trustees. If the participation of a Participating Employer is terminated, the Board of Trustees
18
and the Administrator shall effect the withdrawal of such Participating Employer's beneficial
interest in the Trust within one hundred eighty (180) days, by transfer of such assets to a trust,
trusts or equivalent arrangement for the purpose of accumulating and investing assets to fund
Other Post-Employment Benefits, established for this purpose by such Participating Employer.
If withdrawal is not completed within this time period, the Board of Trustees, in its discretion,
may make n~asonable alternative arrangements for the distribution of the Participating
Employer's beneficial interest.
Section 302. Places of Meetings. All meetings of the Local Finance Boards shall be held at
such place, Wl.thin the Commonwealth of Virginia, as from time to time may be fixed by the
Trustees.
Section 303. Annual Meetings. The annual meeting of the Local Finance Boards, for the
election of Trustees and for the transaction of such other business as may come before the annual
meeting, shall be held at such time on such business day between September 1 st and October 31 st
as shall be designated by resolution of the Board of Trustees.
Section 304. Special Meetings. Special meetings of the Local Finance Boards for any purpose
or purposes may be called at any time by the Chairperson of the Board of Trustees, by the Board
of Trustees, or if Local Finance Boards together holding at least twenty percent (20%) of all
votes entitled to be cast on any issue proposed to be considered at the special meeting sign, date
and deliver to the Trust Fund's Secretary one or more written demands for the meeting
describing the purpose or purposes for which it is to be held. At a special meeting no business
shall be transacted and no action shall be taken other than that stated in the notice of the meeting.
Section 305. Notice of Meetings. Written notice stating the place, day and hour of every
meeting of the Local Finance Boards and, in case of a special meeting, the purpose or purposes
for which the meeting is called, shall be given not less than ten (10) nor more than sixty (60)
days before thl~ date of the meeting to each Participating Employer's Local Finance Board of
record entitled to vote at such meeting, at the address which appears on the books of the Trust
Fund.
Section 306. Quorum. Any number of Local Finance Boards together holding at least a
majority of the outstanding beneficial interests entitled to vote with respect to the business to be
transacted, who shall be physically present in person at any meeting duly called, shall constitute
a quorum of such group for the transaction of business. If less than a quorum shall be in
attendance at the time for which a meeting shall have been called, the meeting may be adjourned
from time to time by a majority of the Local Finance Boards present. Once a beneficial interest
is represented for any purpose at a meeting of Local Finance Boards, it shall be deemed present
for quorum purposes for the remainder of the meeting and for any adjournment of that meeting
unless a new re(:ord date is, or shall be, set for that adjourned meeting.
Section 307. yoting. At any meeting of the Local Finance Boards, each Local Finance Board
entitled to vote on any matter coming before the meeting shall, as to such matter, have one vote,
in person, for each whole dollar invested in the Trust Fund standing in its name on the books of
the Trust Fund on the date, not more than seventy (70) days prior to such meeting, fixed by the
Board of Trust~:es, for the purpose of determining Local Finance Boards entitled to vote, as the
19
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date on which the books of the Trust Fund. are to be closed or as the record date.
Notwithstanding the preceding sentence, at any meeting held after the date the fifth (5th)
Participating Employer joins the Trust, no one Local Finance Board may vote more than forty-
five percent (45%) of the total votes cast. In the event that more than one member of a Local
Finance Board attends a meeting, the Local Finance Board will designate one member authorized
to cast its votes.
If a quorum is present at a meeting of the Local Finance Boards, action on a matter other
than election of Trustees shall be approved if the votes cast favoring the action exceed the votes
cast opposing the action, unless a vote of a greater number is required by this Agreement. If a
quorum is present at a meeting of the Local Finance Boards, Trustees for all open seats for each
class of Trustees on the Board of Trustees shall be elected by a plurality of the votes cast by the
beneficial interests entitled to vote in such election.
Local Finance Boards at the annual meeting will vote at one time to fill all open positions
within a single class of Trustees. Elections will be held by class, in the order of the length of the
terms to be filled, beginning with the longest term. The designated representative of each Local
Finance Board will cast up to the full number of its votes for each open position within a class of
Trustees, but it may not cast votes for more than the number of open positions in such class.
Those nominees receiving the largest plurality of votes, up to the number of positions to be
filled, will be declared elected. Subsequent votes may be held to break any ties, if necessary, in
order to elect the correct number of Trustees.
PART 4 - PROVISIONS APPLICABLE TO OFFICERS
Section 401. ElectIon of Officers; Terms. The Board of Trustees shall appoint the officers of
the Trust Fund. The officers of the Trust Fund shall consist of a Chairperson of the Board, a
Vice-Chairperson, and a Secretary. The Secretary need not be a member of the Board of
Trustees and may be the Administrator. Other officers, including assistant and subordinate
officers, may from time to time be elected by the Board of Trustees, and they shall hold office
for such terms as the Board of Trustees may prescribe. All officers shall hold office until the
next annual meeting of the Board of Trustees and until their successors are elected.
Section 402. Removal of Officers; Vacancies. Any officer of the Trust Fund may be removed
summarily with or without cause, at any time, on a three-fourths (%) vote of the Board of
Trustees. Vacancies may be filled by the Board of Trustees.
Section 403. Duties. The officers of the Trust Fund shall have such duties as generally pertain
to their offices, respectively, as well as such powers and duties as are prescribed by law or are
hereinafter provided or as from time to time shall be conferred by the Board of Trustees. The
Board of Trustees may require any officer to give such bond for the faithful performance of such
officer's duties as the Board of Trustees may see fit.
Section 404. Duties of the ChaiI:person. The Chairperson shall be selected from among the
Trustees. Except as otherwise provided in this Agreement or in the resolutions establishing such
committees, the Chairperson shall be ex officio a member of all Committees of the Board of
20
Trustees. The Chairperson shall preside at all Board meetings. The Chairperson may sign and
execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or
other instruments except in cases where the signing and the execution thereof shall be expressly
delegated by the Board of Trustees or by this Agreement to some other officer or agent of the
Trust Fund or as othetwise required by law. In addition, he shall perform all duties incident to
the office of the Chairperson and such other duties as from time to time may be assigned to the
Chairperson by the Board of Trustees. In the event of any vacancy in the office of the
Chairperson, the Vice-Chairperson shall serve as Chairperson on an interim basis until such
vacancy is filled by subsequent action of the Board of Trustees.
Section 405. j)uties of the Vice-Chairperson. The Vice-Chairperson, if any, shall be selected
from among the Trustees and shall have such powers and duties as may from time to time be
assigned to the Vice-Chairperson.
Section 406. ])uties of the Secretary. The Secretary shall act as secretary of all meetings of the
Board of Trustees and the Local Finance Boards in the Trust Fund. When requested, the
Secretary shall also act as secretary of the meetings of the Committees of the Board of Trustees.
The Secretary shall keep and preserve the minutes of all such meetings in permanent books. The
Secretary shall see that all notices required to be given by the Trust Fund are duly given and
served. The St:cretary may sign and execute in the name of the Trust Fund stock certificates,
deeds, mortgag'~s, bonds, contracts or other instruments, except in cases where the signing and
execution thereDf shall be expressly delegated by the Board of Trustees or by this Agreement.
The Secretary shall have custody of all deeds, leases, contracts and other important Trust Fund
documents; shall have charge of the books, records and papers of the Trust Fund relating to its
organization and management as a trust; and shall see that all reports, statements and other
documents required by law (except tax returns) are properly filed.
Section 407. rompensation. The Board of Trustees shall have authority to fix the
compensation, if any, of all officers of the Trust Fund. Notwithstanding the preceding sentence,
any person employed by a public body, including elected officials or appointed members of
governing bodies, shall not be eligible to receive compensation for services as an officer of the
Trust Fund other than reimbursement for reasonable expenses.
Section 408. Bonding. All officers shall immediately make application for a fidelity bond, to
any company designated by the Board of Trustees, in such amount as may be specified by the
Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds
shall be continued in force in such amount as the Board of Trustees may from time to time
require. If an officer's bond is refused, or is ever cancelled, except with the Board of Trustees'
approval, such officer may be removed from office as provided in Section 402 and such officer
shall be entitled to compensation, if any, to the date of such removal only.
PART 5 - VOI,UNTARY EMPLOYEES' BENEFICIARY ASSOCIATION PROVISIONS
Section 501. Compliance with Code Section 501(c)(9). At all times, the Trust shall be
administered in accordance with and construed to be consistent with Section 501(c)(9) of the
Code and the regulations thereunder.
21
Section 502. Inurement. No part of the net earnings of the Trust Fund may inure to the benefit
of any Participating Employer or individual other than through the payment of Other Post-
Employment Benefits, except that the Trustees may pay all reasonable expenses for
administration of the Trust Fund, Trustees fees and expenses, and other expenses provided for in
this Agreement.
PART 6 - MISCELLANEOUS PROVISIONS
Section 601. Titles. The titles to Parts and Sections of this Agreement are placed herein for
convenience of reference only, and the Agreement is not to be construed by reference thereto.
Section 602. Successors. This Agreement shall bind and inure to the benefit of the successors
and assigns of the Trustees, the Local Finance Boards, and the Participating Emp~oyers.
Section 603. CounteIJlarts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original but all of which together shall constitute but one
instrument, which may be sufficiently evidenced by any counterpart. Any Participating
Employer that formally applies for participation in this Agreement by its Local Finance Board's
execution of a Trust Joinder Agreement which is accepted by the Trustees shall thereupon
become a party to this Agreement and be bound by all of the terms and conditions thereof, and
said Trust Joinder Agreement shall constitute a counterpart of this Agreement.
Section 604. Amendment or Termination of this Agreement: Termination of Plans.
A. Amendment. This Agreement may be amended in writing at any time by the vote
of a majority of the Trustees. Notwithstanding the preceding sentence, this Agreement may not
be amended so as to change its purpose as set forth herein or to permit the diversion or
application of any funds of the Trust Fund for any purpose other than those specified herein.
The Board of Trustees, upon adoption of an amendment to this Agreement, shall
provide notice by sending a copy of any such amendment to each Local Finance Board within 15
days of adoption of such amendment. If a Local Finance Board objects to such amendment, the
Local Finance Board must provide written notice of its objection and intent to terminate its
participation in the Trust Fund by registered mail delivered to the Administrator within ninety
(90) days of such notice, and if such notice is given, the amendments shall not apply to such
Participating Employer for a period of 180 days from the date of adoption of such amendments.
The Participating Employer's interest shall be terminated in accordance with the provisions of
paragraph B of this section.
It is the intent of the Trustees that the Trust shall be and remain a tax-exempt
voluntary employees beneficiary association under Section 501(c)(9) of the Code. The Trustees
shall promptly submit the Agreement to the Internal Revenue Service for approval under the
Code and all expenses incident thereto shall be borne by the Trust Fund. The Trustees may make
any modifications, alterations, or amendments to the Agreement necessary to obtain and retain
approval of the Secretary of the Treasury as may be necessary to establish and maintain the
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status of the Trust Fund as tax-exempt under the provisions of the Code or other federal
legislation, as now in effect or hereafter enacted, and the regulations thereunder. Any
modification, alteration, or amendment to this Agreement, made in accordance with this Section,
may be made retroactively, if necessary or appropriate. The Trustees, Local Finance Boards and
all Participating Employers shall be bound thereby.
B. Termination. This Agreement and any trust created hereby may be terminated at
any time by the Trustees with respect to a Participating Employer when the Participating
Employer's participation interest in the Trust Fund is terminated or when a Trust Joinder
Agreement ha:; been terminated. The Trust Fund may be terminated in its entirety when all
participation interests of all Participating Employers have been terminated in their entirety. This
Agreement and the Trust Fund may be terminated in their entirety pursuant to Virginia law.
In case of a termination of this Agreement, either in whole or in part, the Trustees
shall hold, apply, transfer or distribute the affected assets of the Trust Fund in accordance with
the applicable provisions of this Agreement and the direction of the Local Finance Board of each
Participating Employer. Upon any termination, in whole or in part, of this Agreement, the
Trustees shall have a right to have their respective accounts settled as provided in this Section
604.
In the case of the complete or partial termination of this Agreement as to one or
more Participating Employers, the affected assets of the Trust Fund shall continue to be held
pursuant to tht:: direction of the Trustees, for the benefit of the Employees and Beneficiaries of
such Participating Employer, until the Trustees, upon recommendation of the Administrator,
distribute such assets to a trust, trusts or equivalent arrangement established by such Participating
Employer for. the purpose of funding Other Post-Employment Benefits, or other suitable
arrangements for the transfer of such assets have been made. This Agreement shall remain in
full effect with respect to each Participating Employer that does not terminate its participation in
the Trust Fund on behalf of its Employees and Beneficiaries, or whose participation is not
terminated by the Trustees. However, if distributions must be made, the Local Finance Board of
each Participating Employer shall be responsible for directing the Administrator on how to
distribute the beneficial interest of such Participating Employer. In the absence of such
direction, the Administrator may take such steps as it determines are reasonable to distribute
such Participating Employer's interest.
A Participating Employer must provide written notice of its intent to terminate its
participation in the Trust Fund by registered mail signed by its Local Finance Board and
delivered to the Administrator at least ninety (90) days in advance. Notwithstanding the
preceding senttmce, during its first year of participation, a Participating Employer must provide
notice of its int'~nt to terminate no less than one hundred eighty (180) days in advance.
Notwithstanding the foregoing, the Trustees shall not be required to payout any
assets of the Trust Fund to Participating Employers upon termination of this Agreement or the
Trust Fund, in whole or in part, until the Trustees have received written certification from the
Administrator lhat all provisions of law with respect to such termination have been complied
23
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with. The Trustees shall rely conclusively on such written certification and shall be under no
obligation to investigate or otherwise determine its propriety.
When the assets of the Trust Fund affected by a termination have been applied,
transferred or distributed and the accounts of the Trustees have been settled, then the Trustees
and Administrator shall be released and discharged from all further accountability or liability
respecting the Trust Fund, or portions thereof, affected by the termination and shall not be
responsible in any way for the further disposition of the assets of the Trust Fund, or portions
thereof, affected by the termination or any part thereof so applied, transferred or distributed;
provided, however, that the Trustees shall provide full and complete accounting for all assets up
through the date of final disposition of all assets held in the Trust.
Section 605. Spendthrift Provision: Prohibition of Assignment of Interest.
The Trust Fund shall be exempt from taxation and execution, attachment, garnishment, or
any other process to the extent provided under Article 8, Chapter 15, Subtitle II of Title 15.2 of
the Virginia Code (~~ 15.2-1544 et seq.). No Participating Employer or other person with a
beneficial interest in any part of the Trust Fund may commute, anticipate, encumber, alienate or
assign the beneficial interests or any interest of a Participating Employer in the Trust Fund, and
no payments of interest or principal shall be in any way subject to any person's debts, contracts
or engagements, nor to any judicial process to levy upon or attach the interest or principal for
payment of those debts, contracts, or engagements.
Section 606. Meetings: Virginia Freedom of Information Act.
The Administrator shall give the public notice of the date, time, and location of any
meeting of the Board of Trustees' or of the Local Finance Boards in the manner and as necessary
to comply with the Virginia Freedom of Information Act (Va. Code ~~ 2.2-3700 et seq.). The
Secretary or its designee shall keep all minutes of all meetings, proceedings and acts of the
Trustees and Local Finance Boards, but such minutes need not be verbatim. Copies of all
minutes of the Trustees and Local Finance Boards shall be sent by the Secretary or its designee
to the Trustees.
All meetings of the Board of Trustees and Local Finance Boards shall be open to the
public, except as provided in ~ 2.2-3711 of the Virginia Code. No meeting shall be conducted
through telephonic, video, electronic or other communication means where the members are not
physically assembled to discuss or transact public business, except as provided in ~~ 2.2-3708 or
2.2-3708.1 of the Virginia Code.
Section 607. Jurisdiction. This Agreement shall be intetpreted, construed and enforced, and
the trust or trusts created hereby shall be administered, in accordance with the laws of the United
States and of the Commonwealth of Virginia.
Section 608. Situs of the Trust. The situs of the trust or trusts created hereby is the
Commonwealth of Virginia. All questions pertaining to its validity, construction, and
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administration shall be determined in accordance with the laws of the Commonwealth of
Virginia. Venue for any action regarding this Agreement is the City of Richmond, Virginia.
Section 609. Construction. Whenever any words are used in this Agreement in the masculine
gender, they shall be construed as though they were also used in the feminine or neuter gender in
all situations where they would so apply and whenever any words are used in this Agreement in
the singular fonn, they shall be construed as though they were also used in the plural form in all
situations where they would so apply, and whenever any words are used in this Agreement in the
plural form, they shall be construed as though they were also in the singular form in all situations
where they would so apply.
Section 610. ,Conflict. In resolving any conflict among provisions of this Agreement and in
resolving any other uncertainty as to the meaning or intention of any provision of the Agreement,
the interpretation that (i) causes the Trust Fund to be exempt from tax under Code Sections 115
and 50 1 (a), and (ii) causes the participating Plan and the Trust Fund to comply with all
applicable requirements of law shall prevail over any different interpretation.
Section 611. No Guarantees. Neither the Administrator nor the Trustees guarantee the Trust
Fund from loss or depreciation or for the payment of any amount which may become due to any
person under any participating Plan or this Agreement.
Section 612. parties Bound: No Third Party Rights. This Agreement and the Trust Joinder
Agreements, when properly executed and accepted as provided hereunder, shall be binding only
upon the partil:S hereto, i.e., the Board of Trustees, the Administrator and the Participating
Employers and their Local Finance Boards. Neither the establishment of the Trust nor any
modification thereof, nor the creation of any fund or account, the payment of any Other Post-
Employment Benefits, shall be construed as giving to any person covered under any Plan of a
Participating Employer or any other person any legal or equitable right against the Trustees, or
any officer or employee thereof, except as may otherwise be provided in this Agreement. Under
no circumstances shall the term of employment of any Employee be modified or in any way
affected by this Agreement.
Section 613. Necessary Parties to Disputes. Necessary parties to any accounting, litigation or
other proceedings relating to this Agreement shall include only the Trustees and the
Administrator. The settlement or judgment in any such case in which the Trustees are duly
served or cited :;hall be binding upon all Participating Employers and their Local Finance Boards
and upon all persons claiming by, through or under them.
Section 614. Severability. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement
shall continue to be fully effective. If any provision of the Agreement is held to violate the Code
or to be illegal or invalid for any other reason, that provision shall be deemed to be null and void,
but the invalidation of that provision shall not otherwise affect the trust created by this
Agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, each of the members of the initial Board of Trustees has
executed this Trust Agreement.
Date:
yj'/ol1
~~-
, County of Fairfax
Date: '-I I, d D 6
Date:~
jlwtU,.. ~ACO""/VML
Date: f //1 !Pf
~~
, DesIgnee of V ACoN~.[l..
Date: ~- /}~ Dfr'
~td~dJ1,l~
, Designee of VACo/VML
Accepted by the Administrator
City of Richmond
Commonwealth of Virginia
VIRGINIA LOCAL GOVERNl'vfENT
FINAN ORPORA TION
By:
The forgoing instrument was
----- acknowledged before me this
11th day of April 2008 by:
Jesse Hall, Leon T. Johnson,
Victoria Lucente, Deidra M.
McLaughlin, Robert L. Mears,
and Robert W. auterberg.
ODMAIPCDOCS\DOCSNFK \IZ44190\18
James D. Campbell
Notary Public #22055
M commission expires October 31, 2009.
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TRUST JOINDER AGREEMENT
FOR PARTICIPATING EMPLOYERS UNDER
VIRGINIA POOLED OPEB TRUST FUND
THIS TRUST JOINDER AGREEMENT is made by and between the Local Finance
Board of , Virginia (herein referred to as the "Local
Finance Board") of , Virginia (herein referred to as the
"Participating Employer"), and the Board of Trustees (herein collectively referred to as the
"Trustees") of the Virginia Pooled OPEB Trust Fund (herein referred to as the "Trust Fund").
WITNESSETH:
WHEREAS, the Participating Employer provides post-employment benefits other than
pensions (herein referred to as "Other Post-Employment Benefits"), as defined in section 15.2-
1545 of the Virginia Code, for Employees and Beneficiaries; and
WHEREAS, the governing body of the Participating Employer desires to establish a
trust for the pUlpose of accumulating and investing assets to fund Other Post-Employment
Benefits as it may appropriate; and
WHEREAS, the governing body of the Participating Employer has adopted an ordinance
and/or resolution (a certified copy of which is attached hereto as Exhibit A) to authorize
participation in the Virginia Pooled OPEB Trust Fund and establish a Local Finance Board, and,
pursuant to Virginia Code ~ 15.2-1547, has directed the Local Finance Board to enter into this
Trust Joinder Agreement; and
WHEREAS, the Trust Fund, in accordance with the terms of the Virginia Pooled OPEB
Trust Fund Agn::ement (the "Agreement"), provides administrative, custodial and investment
services to the Participating Employers in the Trust Fund; and
WHEREAS, the Local Finance Board, upon the direction of the governing body of
, Virginia, desires to submit this Trust Joinder Agreement to the
Trustees to enabk~ , Virginia, to become a Participating Employer
in the Trust Fund and a party to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements flowing
to each of the panies hereto, it is agreed as follows:
1. Pursuant to the Board of Trustees' acceptance of this Trust Joinder Agreement,
the , Virginia, is a Participating Employer in the Trust Fund, as
provided in the Agreement, and the Local Finance Board is authorized to enter into this Trust
Joinder Agreement, and to represent and vote the beneficial interest of
Virginia, in the TlUst Fund in accordance with the Agreement.
2. Capitalized terms not otherwise defined in this Trust Joinder Agreement have the
meaning given to them under the Agreement.
3. The Local Finance Board shall cause appropnatlOns designated by the
Participating Employer for deposit in the Trust Fund to be deposited into a depository designated
by the Trustees.
4. The Local Finance Board shall timely remit, or timely approve the remittance of,
administrative fees as may be due and payable by the Participating Employer under the
Agreement into a depository designated by the Trustees.
5. The Participating Employer shall have no right, title or interest in or to any
specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust
Fund; however, there shall be a specific accounting of assets allocable to the Participating
Employer.
6. The Local Finance Board shall provide to the Administrator designated by the
Trustees all relevant information reasonably requested by the Administrator for the
administration of the Participating Employer's investment, and shall promptly update all such
information. The Local Finance Board shall certify said information to be correct to the best of
its knowledge, and the Trustees and the Administrator shall have the right to rely on the accuracy
of said information in performing their contractual responsibilities.
7. The Trust Fund provides administrative, custodial and investment services to the
Participating Employer in accordance with the Agreement.
8. The Trustees and the Administrator, in accordance with the Agreement and the
policies and procedures established by the Trustees, shall periodically report Trust activities to
the Participating Employer on a timely basis.
9. The Local Finance Board and the Participating Employer agree to abide by and be
bound by the terms, duties, rights and obligations as set forth in the Agreement, as may be
amended by the Trustees, which is attached hereto and is made a part of this Trust Joinder
Agreement.
10. The Local Finance Board, in fulfillment of its duties as the trustee of the
Participating Employer, retains the services of the Investment Manager or Managers selected by
the Trustees pursuant to the Agreement.
11. The term of this Trust Joinder Agreement shall be indefinite; however, the
Participating Employer may not terminate this Trust Joinder Agreement until 180 days after its
initial investment. Thereafter, the Local Finance Board may terminate this Trust Joinder
Agreement on behalf of the Participating Employer by giving at least 90 days prior notice in
writing to the Trustees. Termination shall be governed by the provisions ofthe Agreement.
IN WITNESS WHEREOF, the Local Finance Board has caused this Trust Joinder
Agreement to be executed this day of , 20_
2
LOCAL FINANCE BOARD OF
, VIRGINIA
ATTEST:
* * * *
ACCEPTANCE:
VIRGINIA POOLED OPEB TRUST FUND
Virginia Local Government Finance Corporation
By:
Administrator
#::ODMA \PCDOCS\DOCSNFK\1259891\7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An ordinance authorizing a license agreement with Starbucks Corporation for the
use of approximately fifty (50) square feet of real property for an outdoor seating area.
MEETING DATE: June 10, 2008
Background: The City has been approached by Starbucks Corporation about
establishing an outdoor seating area on approximately fifty (50) square feet of City-
owned property immediately in front and under the roof-line of the Starbucks store
located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area").
Starbucks would be allowed to place tables and chairs in the Licensed Area and
be responsible for the maintenance of the Licensed Area. The sale, service or
consumption of alcohol in the Licensed Area would be strictly forbidden, and Starbucks
would be required to comply with other regulations consistent with other outdoor seating
areas throughout the City.
Because the Licensed Area is for the establishment of an outdoor seating area
only (Starbucks will not provide table service to the Licensed Area), and because this
property is not located in the right-of-way, this matter is being treated as a license
agreement and not as a cafe franchise.
Starbucks proposes to license the Licensed Area from the City for an initial term
of one (1) year with four (4) optional one-year renewals. The renewals would be at
Starbucks' option.
Starbucks would pay rent for use of the Licensed Area at the rate of $750.00 for
the first year of the agreement, with that amount increasing by three percent (3%) each
successive year.
Considerations: The proposed licensing of the Licensed Area to Starbucks has been
endorsed by the City's Convention and Visitor's Bureau, and would be consistent with
other uses at the 31 Ocean Development. Should Council not authorize the request,
Starbucks would continue to operate their store'at the 31 Ocean location.
Public Information: A public hearing on this matter was advertised in the Virginian-
Pilot more than seven days prior to the public hearing, and this matter was advertised in
the Council Agenda.
. Attachments: Ordinance, Location Map, Summary of Terms
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Convention and Visitors Bureau
City Manager: IL . ~l#t
~c
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AN ORDINANCE AUTHORIZING A LICENSE
AGREEMENT WITH ST ARBUCKS
CORPORATION FOR THE USE OF
APPROXIMATELY FIFTY (50) SQUARE FEET
OF REAL PROPERTY FOR AN OUTDOOR
SEATING AREA
WHEREAS, Starbucks Corporation, a Washington corporation ("Starbucks"), has
approached the City of Virginia Beach for permission to operate an outdoor seating area
outside Starbucks' store located at 31 Ocean, 241 Laskin Road in the City of Virginia
Beach; and
WHEREAS, the proposed outdoor seating area is approximately fifty (50) square
feet immediately outside and under the roof-line of the Starbucks described above and
is located on property owned by the City (the "Licensed Area"); and
WHERAS, Starbucks proposes to license the Licensed Area from the City for an
initial one-year term with four one-year optional renewals, at the option of Starbucks;
and
WHEREAS, the Licensed Area would be used by Starbucks as a seating area for
their customers; and
WHEREAS, the Convention and Visitors Bureau recommends that the City enter
into a license agreement with Starbucks in accordance with the Summary of Terms,
attached hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the City Manager is hereby authorized to execute a license agreement for a
one-year term, with four optional one-year renewals, between Starbucks Corporation, a
Washington corporation, and the City, for the Licensed Area, as shown on Exhibit A,
attached hereto, in accordance with the Summary of Terms, attached hereto, and such
other terms, conditions or modifications as may be acceptable to the City Manager and
in a form deemed satisfactory by the City Attorney.
Adopted by the City Council of Virginia Beach, Virginia on this day
of June, 2008.
Approved as to Content:
~,~
Convention and Visitors Bureau
CA 10567
V:lapplicationslcilytawprodlcycom32IWpdocslOO30IPO03100058523,DOC
R-1
May 30, 2008
City Attorney's Office
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SUMMARY OF TERMS
LICENSE FOR THE USE OF 50 SQUARE FEET OF
CITY -OWNED REAL PROPERTY
LICENSEOR: City of Virginia Beach
LICENSEE: Starbucks Corporation, a Washington corporation
PREMISES: 50 square feet of real property located outside, straight under the roof-line,
and in front of the space operated by Starbucks at 31 Ocean, 241 Laskin
Road, Virginia Beach, Virginia 23451.
TERM: June 15,2008 through June 14,2009.
RENEWAL: Four optional one-year terms.
TERMINATION: City shall have right to terminate if necessary for a public purpose on
sixty (60) days' notice.
RENT:
For the first year rent shall be: $750 per year.
Renewal rent: First renewal rent shall be: $772.50 per year.
Second renewal rent shall be: $795.68 per year.
Third renewal rent shall be: $819.55 per year.
Fourth renewal rent shall be:$844.19 per year.
RESTRICTIONS ON USE OF LICENSED AREA:
. The sale, service, or use of alcohol in the Licensed Area is strictly prohibited.
. Any live or recorded music played in the Licensed Area shall conform with the
City's Cafe Guidelines for entertainment or live music.
. Materials placed in Licensed Area must be approved by the City and no logos
other than Starbucks' logo shall be permitted.
. All items placed in the Licensed Area must be removed each night at the close of
business.
. No extraneous items such as menu boards, SIgnS or portable heaters in the
Licensed Area shall be permitted.
. Solicitation for tips or the posting or dissemination of printed material in the
Licensed Area is prohibited.
V :\applications\citylawprod\cycom32\ Wpdocs\D030\PO03\OOO58531.00c
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ITEM: An Ordinance Authorizing The City Manager To Execute A Lease For Less Than
Five Years With Kenneth Miller (t/a Yoder's Dairies of Tidewater, Inc.) For City-Owned
Property known as Space #14 in The Virginia Beach Farmer's Market In The City of
Virginia Beach, Virginia.
MEETING DATE: June 10, 2008
. Background: Kenneth Miller (t/a Yoder's Dairies of Tidewater, Inc.) is an
existing tenant at the Virginia Beach Farmer's Market and would like to continue
to lease Space #14 from the City of Virginia Beach (the "City").
. Considerations: The term of the lease is (3) years and has a sixty-day (60)
termination clause in the event the City needs the property prior to the
termination of the lease. For more specific terms, see attached Summary of
Terms.
Advertisement of Public Hearing
Advertisement of City Council Agenda
. Alternatives: Approve Lease Agreement as presented, change conditions of
the Lease Agreement or deny leasing of the space.
.
Public Information:
. Recommendation: Approval
. Attachments: Summary of Terms
Ordinance
Location Map
Recommended Action: Approval
Submitting Department/Agency: Department of Agriculture ,\ W
City Manager. k . ~l'Y"L . \l
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR LESS
THAN FIVE YEARS WITH KENNETH MILLER (T/A
YODER'S DAIRIES OF TIDEWATER, INC.) FOR
CITY-OWNED PROPERTY KNOWN AS SPACE #14
IN THE VIRGINIA BEACH FARMER'S MARKET IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's
Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia
. .
Beach, Virginial (the "Property");
WHEREAS, Kenneth Miller (t1a Yoder's Dairies of Tidewater, Inc.) ("Yoder's")
would like to enter into a new formal lease arrangement with the City for Space #14 in
the Property (the "Premises");
WHEREAS, the Premises will be utilized as a retail establishment of dairy
products and for no other purpose;
WHEREAS, Yoder's has agreed to pay the City $564.00 per month ($6,768.00
per year) for th3 use of the Premises for a three-year period;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term of less
than five (5) years between Kenneth Miller (t1a Yoder's Dairies of Tidewater, Inc.) and
the City, for the Premises in accordance with the Summary of Terms attached hereto,
and such other terms, conditions or modifications as may be acceptable to the City
Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day of
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
_ t<u,"'~il ~ -'
Signature
Signature
l~~c-~~"l:..~
Department
CA 10580
v :\applicationslcitylawprodlcycom321 Wpdocs\D023\POO3100057951.DOC
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May 29, 2008
..
SUMMARY OF TERMS
LEASE FOR SPACE #14 AT THE
VIRGINIA BEACH FARMERS MARKET
LESSOR:
City of Virginia Beach
LESSEE:
Kenneth Miller (Ua Yoder's Dairies of Tidewater, Inc.)
PREMISES:
Space #14
RENT:
36 months: July 1, 2008 - June 30, 2011
$564 per month ($6,768 per year)
TERM:
RIGHTS AI\JD RESPONSIBILITIES OF LESSEE:
. Use leased space for the retail sale of dairy products and related items only
and for no other purpose.
. Maintain leased space, including heating and air conditioning units and/or
heat pump units.
. Payment of all assessed fees.
. Purchase commercial general liability insurance.
. Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday through Saturday.
Lessee will not be open on Sundays.
RIGHTS Ar~D RESPONSIBILITIES OF CITY:
. Maintain common areas of the Property and structural elements of the
Premises.
. Provide water and sewer.
. Provide electrical service unless Lessee has its own account with Dominion
Power.
TERMINATION:
. After 18 months, either party may terminate by providing the other party sixty
(60) days' notice.
. City also has special right to terminate if necessary for public purpose by
giving sixty (60) days' written notice.
V:lapplicationslcitylawp .odlcycom321Wpdocs1D0231PO03100057953,DOC
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing a Thirty (30) Day Extension of the Year 1 - 5 Purchase
Price for the Life Net Option Parcel
MEETING DATE: June 10, 2008
. Background: In June 2003, the City of Virginia Beach sold approximately 15.82
acres to LifeNet. At the time of such purchase, a ten (10) year option was granted for
an additional approximately 6.57 acres (the "Option Parcel") of contiguous property for
the company's future expansion plans. LifeNet Health pays $10,000 annually for the
right of this option.
The purchase price for the Option Parcel from June 11, 2003 through June 10, 2008 is
One Hundred Twenty-Five Thousand and 00/100 Dollars ($125,000) per acre with an
annual escalator based on the Consumer Price Index (the "Year 1-5 Purchase Price").
The purchase price for the Option Parcel from June 11, 2008 through June 10, 2013 is
the fair market value of the Option Parcel.
LifeNet and the City are currently working on an amendment (the "Amendment") to the
Purchase Agreement which would modify various terms related to LifeNet's option to
purchase the Option Parcel. However, such Amendment will not be ready for Council
action prior to June 10, 2008 (the date on which the Year 1-5 Purchase Price currently
expires).
. Considerations: LifeNet, the City, and City Staff have requested that the Year
1-5 Purchase Price be extended for thirty (30) days until July 10, 2008 while the City
and Life Net finalize the terms of the Amendment.
. Public Information: Public Information for this item will be handled through the
normal Council agenda process.
. Alternatives: The City Council can choose to not extend the Year 1-5 Purchase
Price for thirty (30) days, and require that the original terms related to LifeNet's option to
purchase the Option Parcel be implemented.
. Recommendations: Authorize the thirty (30) day extension of the Year 1 - 5
Purchase Price.
. Attachment: Ordinance
Recommended Action: Approval
Submitting DeparbnentlAgency: Economic Development
City Manager%e ~
1 AN ORDINANCE AUTHORIZING A THIRTY (30)
2 DAY EXTENSION OF THE YEAR 1-5 PURCHASE
3 PRICE FOR THE L1FENET OPTION PARCEL
4
5 WHEREAS, the City of Virginia Beach (the "City") as Seller, and LifeNet, a
6 Virginia non-stock corporation ("LifeNet"), as Buyer, are parties to a certain Agreement
7 of Sale (the "Purchase Agreement") dated March 26, 2003, relating to a 15.82 acre
8 parcel (the "Purchased Property") and a 6.57 acre parcel (the "Option Parcel"), located
9 in the City of Virginia Beach;
10
11 WHEREAS, LifeNet's option to purchase the Option Parcel currently expires on
12 June 10,2013;
13
14 WHEREAS, the purchase price for the Option Parcel from June 11, 2003
15 through June 10, 2008 is One Hundred Twenty Five Thousand and 00/100 Dollars
16 ($125,000) per acre, with an annual escalator based on the Consumer Price Index (the
17 "Year 1-5 Purchase Price");
18
19 WHEREAS, LifeNet and the City are currently negotiating the terms of an
20 amendment (the "Amendment") to the Purchase Agreement which would modify various
21 terms related to LifeNet's option to purchase the Option Parcel;
22
23 WHEREAS, LifeNet, the City and City staff have requested that the Year 1-5
24 Purchase Price be extended for thirty (30) days until July 10, 2008 while LifeNet and the
25 City finalize ne~Jotiations on the Amendment;
26
27 WHEREAS, the City Council is of the opinion that a thirty (30) day extension of
28 the Year 1-5 Purchase Price is not detrimental to the interests of the City of Virginia
29 Beach.
30
31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33
34 That the Year 1-5 Purchase Price for the LifeNet Option Parcel under the
35 Purchase Agreoment is hereby extended for thirty (30) days until July 10, 2008.
44
45
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day of
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
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CA 10583
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May 30,2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Directing the City Auditor to Conduct an Audit of the
Department of Communications and Information Technology
MEETING DATE: June 10, 2008
. Background: City Code 9 2-470 provides that the City Council may request an
audit. The attached resolution directs the City Auditor to conduct a financial and
performance audit of the Department of Communications and Information Technology.
. Considerations: Pursuant to City Code 9 2-470, this resolution requires an
affirmative vote by a majority of all of the members of City Council.
. Public Information: This item will be advertised in the same manner as other
agenda items.
. Attachments: Resolution
Requested by Councilmember Wood
REQUESTED BY COUNCILMEMBER WOOD
1 A RESOLUTION DIRECTING THE CITY AUDITOR TO
2 CONDUCT AN AUDIT OF THE DEPARTMENT OF
3 COMMUNICATIONS AND INFORMATION TECHNOLOGY
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 1. That, pursuant to City Code 9 2-470, the City Auditor is hereby directed to
9 conduct a financial and performance audit of the Department of Communications and
10 Information Technology ("ComIT").
11
12 2. That the financial audit shall address: (1) whether the amounts charged to
13 other departmEmts for services accurately reflect the costs of those services; (2)
14 whether inter-departmental transfers ("IDT's") are in all instances necessary or
15 warranted; and (3) other related subjects, as determined by the City Auditor, that are
16 standard to financial audits.
17
18 3. That the performance audit shall address: (1) efficiency in responding to
19 departmental nl3eds for equipment, communication, software, and other related needs;
20 (2) response to HEAT ticket calls; (3) whether current policies unnecessarily limit
21 departmental initiatives, flexibility and access to hardware and software by requiring
22 Com IT approval and control of all communications purchases and acquisition; and (4)
23 purchasing efficiency and restrictions on printers.
24
25 4. That the performance audit shall also address public safety
26 communicationB, including: (1) whether the final decision by ComlT on actual radio, in-
27 vehicle computm, and related purchases supersede recommendations from end users;
28 (2) connectability between fire stations; (3) Internet access at EMS stations; and (4)
29 analysis of employee turn-over, efficiency and morale since ComlT took control of the
30 E-911 call cente!r.
31
32 5. That the above audits shall include analysis of pertinent E3 employee
33 suggestions.
34
35 6. That, pursuant to City Code 9 2-468, the above audits shall include
36 confidential interviews with employees and volunteers from each of the City's seven
37 core areas of business (safe community, cultural and recreational opportunities,
38 economic vitality, quality physical environment, family and youth opportunities, quality
39 education and lifelong learning, and quality organization). The interviews shall be
40 conducted with employees spanning all ranges of both the general and administrative
41 pay plans, from hourly workers to department heads.
42
43 7. That if the City Auditor concludes that it would be prudent and cost-
44 effective to retain on a contract basis the services of an outside technology consultant
45 or auditor with technological expertise, and the City Auditor concludes that additional
46 funds are needed to procure those services, then the City Auditor shall submit an
47 appropriations ordinance for consideration by City Council.
48
49 Adopted by the City Council of the City of Virginia Beach, Virginia, this
50 day of , 2008.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO LEGAL
SUFFICIENCY:
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CA10732 R-4 June 3, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Commending the United States Field Hockey Team
MEETING DATE: June 10,2008
. Background: The World Hockey Olympic Qualifier was recently held in
Kazan, Russia to determine which teams would qualify to participate in the Beijing
Olympics. The United States Field Hockey Team won every game in the qualifier,
outscored their opponents 27-4, and never trailed in a game, thereby earning a place in
the women's Olympic tournament. The team includes Virginia Beach's own Kate
Barber, who recorded her 200th cap and scored four goals.
. Considerations: The attached resolution commends the United States Field
Hockey Team for their outstanding accomplishment and wishes the team well in its
pursuit of Olympic gold.
. Public Information: This item will be advertised in the same manner as other
agenda items.
. Attachments: Resolution
Requested by Councilmember Villanueva
REQUESTED BY COUNCILMEMBER VILLANUEVA
1 A RESOLUTION COMMENDING THE UNITED STATES
2 FIELD HOCKEY TEAM
3
4 WHEREAS, the World Hockey Olympic Qualifier was recently held in Kazan,
5 Russia to determine which teams would qualify to participate in the Beijing Olympics;
6
7 WHEREAS, the United States Field Hockey Team won every game in the
8 qualifier, outscored their opponents 27-4, and never trailed in a game;
9
10 WHEREAS, the team's outstanding showing earned them a place in the women's
11 Olympic tournament;-
12
13 WHEREAS, team member Tiffany Snow received the honor of top scorer, with
14 seven goals;
15
16 WHEREAS, team member Rachel Dawson was named Player of the
17 Tournament for her outstanding play;
18
19 WHEREAS, team member Kelly Doton scored two goals, including the winning
20 goal in the final game; .
21
22 WHEREAS, team member Amy Tran recorded three consecutive shutouts;
23
24 WHEREAS, team member Carrie Lingo scored three goals;
25
26 WHEREAS, team member Angela Loy recorded her 100th cap and also scored
27 five goals; and
28
29 WHEREAS, Virginia Beach's own Kate Barber recorded her 200th cap and
30 scored four goals.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH
34
35 That thE~ City Council, on behalf of the citizens of Virginia Beach, hereby
36 commends the United States Field Hockey Team for their outstanding accomplishment
37 and wishes the team well in its pursuit of Olympic gold.
38
39 Adopted by the City Council of the City of Virginia Beach, Virginia, this
40 day of , 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attorney's ()ffic
CA10733 R-1 May 30, 2008
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ITEM: An Ordinance to authorize the acquisition of approximately 13.1 acres of real
property located at 5720 Normandy Avenue, Virginia Beach, Virginia for $600,000 from
Trustees of the Reformed Baptist Church of Virginia Beach (f/kla Kempsville Chapel)
MEETING DATE: June 10, 2008
. Background: In August 2007, representatives of the Trustees of the Reformed
Baptist Church of Virginia Beach (f/k1a Kempsville Chapel) (the "Reformed Baptist
Church") made a written request offering to sell to the City their approximately 13.1 acre
property (the "Property") located at 5720 Normandy Avenue (GPIN 1456-98-4756) in
the Woods of Avalon/Avalon Terrace neighborhood.
The acquisition request was evaluated by City staff and discussed by the Open Space
Subcommittee during their October and November 2007 meetings. The Open Space
Subcommittee recommended the Property for acquisition, funded through the City's
Open Space Acquisition Program. The desired use of the Property is as a future City
neighborhood park for the Avalon Woods neighborhood.
The Property has road frontage on Normandy Avenue that is bracketed by mature
woodland which then opens up to the north with panoramic views of the Eastern Branch
of the Elizabeth River. Approximately 4.4 acres of the site is upland and approximately
8.8 acres of the site is tidal marsh associated with the Elizabeth River. A 3,800 sq. ft.
residential-style structure, built in 1960, was converted to serve as a church over the
years. If the City acquires the Property, such building would be demolished due to its
relatively poor condition and the fact that the City does not have a viable use or
operating funds for it.
. Considerations: The agreed upon purchase price for the Property is $600,000
(currently assessed at $826,000). The acquisition will be funded by CIP 4.004 Open
Space Program Site Acquisition project. In addition, the Hampton Roads Planning
District Commission is coordinating the review of the Property by a partnership between
the Commonwealth of Virginia and The Conservation Fund to have such partnership
consider partially funding the acquisition as part of the Green Infrastructure Initiative for
Hampton Roads.
. Public Information: The prioritization of this Property for potential open space
acquisition has been discussed during the Open Space Subcommittee's regularly
scheduled monthly public meetings.
. Alternatives: If the City does not acquire the site, it may be developed in
accordance with its R-30 single-family residential zoning.
. Recommendations: Authorize the City Manager to acquire the Property
through the City's Open Space Acquisition Program for the purpose of preservation and
potential future use as a City park.
. Attachments: Summary of Terms, Ordinance, Site Map
Recommended Action: Approval
Submitting DEipartmentlAgency: Q~ and Recreation
City Manager: ~ \f-.~ ~
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1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION
2 OF APPROXIMATELY. 13.1 ACRES OF REAL
3 PROPERTY LOCATED AT 5720 NORMANDY
4 AVENUE, VIRGINIA BEACH, VIRGINIA, FOR $600,000
5 FROM TRUSTEES OF THE REFORMED BAPTIST
6 CHURCH OF VIRGINIA BEACH (F/KlA KEMPSVILLE
7 CHAPEL)
8
9 WHEREAS, Trustees of the Reformed Baptist Church of Virginia Beach (f1k1a
10 Kempsville Chapel) (the "Reformed Baptist Church") own an approximately 13.1 acre
11 parcel of real estate located at 5720 Normandy Avenue, in the City of Virginia Beach,
12 Virginia (the "Property");
13
14 WHEREAS, the Reformed Baptist Church desires to sell the Property to the City of
15 Virginia Beach (the "City");
16
17 WHEREAS, because of its potential use as a future neighborhood park for the
18 Avalon Woods neighborhood in Virginia Beach, the City's Open Space Subcommittee has
19 identified the Property as a parcel to be considered for acquisition as part of the City's
20 open space initiative, and has recommended that the Property be acquired for such
21 purposes;
22
23 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
24 Council") is of the opinion that the acquisition of the Property would further the City's Open
25 Space initiative;
26
27 WHEREAS, funding for this acquisition is available in the Open Space Acquisition
28 CIP account (CIP 4-004).
29
30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
31 VIRGINIA:
32
33 1. That the City Council authorizes the acquisition of the Property by purchase
34 pursuant to 9 15.2-1800 of the Code of Virginia (1950), as amended, which Property is
35 generally identified as GPIN 1456-98-4756 and shown as the "Subject Site" on Exhibit A
36 attached hereto.
37
38 2. That the City Manager or his designee is further authorized to execute all
39 documents that may be necessary or appropriate in connection with the purchase of the
40 Property, so long as such documents are in accordance with the Summary of Terms
41 attached hereto, and such other terms, conditions or modifications as may be acceptable
42 to the City Manager and in a form deemed satisfactory to the City Attorney.
"
43
44
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
CA-10565
v :Iapplicationslcitylawprodlcyc Jm321 Wpdocs\DOO lIPO02100052834.DOC
R-1
May 29, 2008
APPROVED AS TO CONTENT:
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lic Works/Heal Estate
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Atto ey's Office
day of
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SUMMARY OF TERMS
Agreement for the City's acquisition of approximately 13.1 acres of
real property located at 5720 Normandy Avenue, Virginia Beach, Virginia.
OWNER:
Trustees of the Reformed Baptist Church of Virginia Beach
(f1k/a Kempsville Chapel)
BUYER:
City of Virginia Beach
ZONING:
R-30
AICUZ:
N/A
SALES PRICE:
$600,000 at Settlement.
SOURCE OF
FUNDS:
CIP-4-004 - Open Space Program Site Acquisition Project.
SETTLEMENT
DATE:
On or about ninety (90) days after Agreement of Sale is fully
executed, or soon thereafter allowing a reasonable time to correct
any title defects and to prepare and sign all necessary closing
documents.
CONTINGENCIES
TO CLOSING:
. Confirmation that title is marketable
. Appropriation of needed funds
SPECIAL TERMS
AND CONDITIONS:
. Property must be conveyed free and clear of all leases, tenancies and rights of
possession of any and all parties other than the City.
. Seller shall prepare Deed conveying title to the Property to City and pay all
expenses of preparation of the Deed, the grantor's tax and its own attorney's
fees and costs.
. City shall bear all other costs of closing.
V:\applicatlons\cltytawprodlcycom32IWpdocsID001\P002100052835.DOC
Exhibit A - 5720 Normandy Avenue Purchase and Sale Agreement
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July
1, 2008, to View Each Street or Alley Proposed to be Closed
MEETING DATE: June 10, 2008
. Background: Pursuant to authority granted to the City of Virginia Beach by the
General Assembly during its 1997 Session, City Council, by ordinance adopted June
23, 1998, added 9 33-111.2 to the City Code, which provides for the appointment of
three (3) viewers for one-year terms, beginning July 1 of each year, to view each and
every street or alley proposed to be altered or vacated during the term of such viewers.
. Considerations: Because the terms of the current viewers expire on June 30,
2008, it is necessary to appoint viewers for one-year terms beginning July 1, 2008.
. Public Information: This ordinance is to be advertised as a routine agenda
item.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Planning
City Manager~,~~.f(4,~j'Y''- \ '",
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1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
2 ONE-YEAR TERMS BEGINNING JULY 1, 2008, TO VIEW
3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED
4
5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
6 shall be appointed each year to serve terms of one year beginning July 1 to view each
7 and every street or alley proposed to be altered or vacated during the term;" and
8
9 WHEREAS, it is the desire of City Council to appoint the Directors of the
10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers
11 for one-year terms, beginning July 1, 2008 and ending June 30, 2009.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That thEl Director of Planning, Director of Public Works and Director of Parks and
17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve
18 a one-year term beginning July 1, 2008 and ending June 30, 2009, to view each and
19 every application to close a street or alley, and to report in writing their opinion of what
20 inconvenience, if any, would result from discontinuing the street or alley or portion
21 thereof.
Adopteel by the Council of the City of Virginia Beach, Virginia on the
day of , 2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attorney's Office
CA10731
R-1
May 30, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Reimbursement of an Employee for Legal
Fees and Expenses Incurred in the Successful Defense of a Misdemeanor
Charge Arising Out of the Discharge of Official Duties
MEETING DATE: June 10,2008
. Background: A public utilities supervisor was charged with criminal assault in
connection with a dispute that occurred in the workplace. The supervisor
touched the elbow of an employee while attempting to direct him to the area
where the employee had been instructed to work. The touching was not violent
and the employee was not injured.
On May 12, 2008, the criminal charge was tried and the supervisor was found not
guilty. The supervisor was represented at trial by defense counsel Larry Slipow.
Mr. Slipow has rendered an invoice for $2,000 in fees and $147.56 in
reimbursable costs. The invoice is supported by detailed records establishing
the time spent in the successful defense of criminal charge.
. Considerations: Section 15.2-1521 of the Code of Virginia authorizes local
governing bodies to reimburse the legal fees and expenses incurred by any
employee of the locality on any criminal charge arising out of any act committed
in the discharge of the employee's official duties if at trial the employee is found
not guilty,
The City Attorney's Office has reviewed the circumstances of the case and
determined that the supervisor's legal fees and expenses of $2,147.56 are
reasonable.
. Recommendation: Approval of ordinance,
. Attachments: Ordinance
Recommended Action: Approval
/1"/-", '
Submitting Department/Agency: City AttornE7YX<l-1.X~:.,~:
City Manage~." }I\" y '~)J;'1 . ..~
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1 AN ORDINANCE AUTHORIZING THE
2 REIMBURSEMENT OF AN EMPLOYEE'S
3 LEGAL FEES AND EXPENSES INCURRED IN
4 THE SUCCESSFUL DEFENSE OF A
5 MISDEMEANOR CHARGE ARISING FROM
6 THE DISCHARGE OF OFFICIAL DUTIES
7
8 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for
9 actions arising out of the performance of his official duties;
10
11 WHEREAS, at a trial held in the Virginia Beach General District Court on May 12,
12 2008, he was found not guilty of the charge;
13
14 WHEREAS, in the defense of said charge, the employee incurred legal fees and
15 expenses in the amount of $2,147.56 and has requested the City to reimburse him for such
16 fees and expenses;
17
18 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that U(i)f any officer
19 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on
20 any criminal charge arising out of any act committed in the discharge of his official duties,
21 and no charges are brought, the charge is subsequently dismissed, or upon trial he is
22 found not guilty, the governing body of the locality may reimburse the officer or employee
23 for reasonable legal fees and expenses incurred by him in defense of such investigation or
24 charge, the reimbursement to be paid from the treasury of the locality"; and
25
26 WHEREAS, the Department Director and the City Attorney's Office have reviewed
27 the circumstances of this case, assessed the itemized bill submitted by the employee's
28 legal counsel, and determined that the legal fees and expenses are reasonable.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 That the Director of Public Utilities is hereby authorized to expend funds in the
34 amount of $2,147.56 from the FY 2007-08 Operating Budget of the Department of Public
35 Utilities for the purpose of reimbursing the employee for legal fees and expenses incurred
36 by him in defel1se of a misdemeanor charge brought against him arising out of the
37 performance of his official duties.
38
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the
40 day of , 2008.
j)::7V\C~NT: jE
Public Utilities ~
APPROVED AS TO LEGAL SUFFICIENCY:
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CA10716 R-2 May 29,2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Revise Categorical Appropriations for the School Operating
Fund and Amend the City's FY 2008-09 Operating Budget and FY 2008-09
Capital Improvement Budget as Requested by the School Board
MEETING DATE:
June 10, 2008
. Background: The FY 2008-09 Operating Budget adopted by City Council on May 13,
2008 approves the School Board budget and Capital Improvement Plan. On May 20, 2008, the
School Board adopted a Budget Resolution that revised the categorical expenditure
appropriations, updated several special revenue funds, and changed funding for two capital
projects.
. Considerations: This year the General Assembly created a new expenditure category,
Technology, for the Schools Operating Budget. As a result, the changes are shown below:
In addition, the General Assembly's adoption of the State budget reduced State revenue to the
Schools Operating Fund by $2,865,738. Part of this reduction was offset by the City's debt
refinancing which lowered the Schools debt service requirement by $256,830. As a result, the
Schools Operating Fund decreased by $2,608,908.
Appropriation School Operating School Operating Difference - Adopted
Category Fund Adopted May Fund Recommended May 13, 2008 vs.
13,2008 by City May 20, 2008 by Recommended May
Council School Board 20,2008
Appropriations
Instruction $565,720,682 $550,719,456 $-15,001,226
Administration, $24,213,109 $23,235,324 $-977,785
Attendance and
Health
Pupil Transportation $31,820,893 $30,954,363 $-866,530
Operations and $102,170,406 $92,403,639 $-9,766,767
Maintenance
Technology $0 $24,003,400 $24,003,400
Total School $723,925,090 $721,316,182 $-2,608,908
Operating Fund
The School Board also requests that appropriations in the following School Special Revenue
Funds be increclsed. These increases in revenue are due to the use of fund balance in the
respective special revenue funds.
School Instructional Technology Fund
School Equipment Replacement Fund
increase $900,000
increase $525,000
Also, though it is not addressed in the attached ordinance, the School Board requested a
change in the Capital Improvement Plan from the adopted budget in the sixth year of their CIP.
Staff will make the following change in the City's adopted CIP but no Council action is
necessary to reflect the School Board's change:
-Increase $1,000,000 in Capital Project 1-233, Old Donation Center Modernization in FY
2013-14
- Decrease $1,000,000 in Capital Project 1-043 Thoroughgood Elementary School
Modernization in FY 2013-14
. Public Information: Public information will be handled through the normal Council
agenda process.
. Recommendations: It is recommended that the City Council amend the Fiscal Year
2008-09 Operating Budget to reflect the requested modifications to the School Board's Fiscal
Year 2008-09 Operating and Capital Budgets.
. Attachmtmts: School Board Budget Resolution dated May 20,2008
School Board CIP Resolution dated May 20,2008
Ordinance
Recommended Action: Approve
Submitting DepartmentlAg~ncy: School Board
City Manager:e::::~ lL, ~ ~
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1 AN ORDINANCE TO REVISE CATEGORICAL
2 APPROPRIATIONS FOR THE SCHOOL OPERATING FUND
3 AND AMEND THE CITY'S FY 2008-09 OPERATING BUDGET
4 AS REQUESTED BY THE SCHOOL BOARD
5
6
7 WHEREAS, the City's FY 2008-09 Operating Budget was approved by City Council
8 on May 13, 2008; and,
9
10 WHEREAS, the School Board desires to amend the category appropriations to
11 reflect a new category called Technology; and,
12
13 WHEREAS, estimated local funds available to the Virginia Beach City Public
14 Schools for School Special Revenue Funds has increased by $1,425,000; and,
15
16 WHEREAS, the debt service payments for Schools has decreased by $256,830 in
17 FY 2008-09; and,
18
19 WHEREAS, a resolution to revise the categorical appropriations in the School
20 Operating Fund, and to increase the funds available to the Schools other special revenue
21 funds was approved by the School Board on May 20,2008; and,
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 1. That funding adjustments are hereby allocated to the following categories in the
27 FY 2008-09 School Operating Budget with appropriate adjustments in FY 2009-10:
28
29 (a) Appropriations to the Instruction category are decreased by $15,001,226,
30 resulting in a total appropriation of $550,719,456.
31 (b) Appropriations to the Administration, Attendance and Health category are
32 decreased by $977,785 resulting in a total appropriation of $23,235,324.
33 (c) Appropriations to the Pupil Transportation category are decreased by
34 $866,530 resulting in a total appropriation of $30,954,363.
35 (d) Appropriations to the Operations and Maintenance category are decreased by
36 $9,766,767 resulting in a total appropriation of $92,403,639.
37 (e) Appropriations to the new School Technology Category are increased by
38 $24,003,400, resulting in a total appropriation of $24,003,400. This funding will be
39 considered as part of the School Operating Budget even though held in a separate
40 special revenue fund for accounting purposes; and will be included in reversion and
41 City and School revenue formula calculations.
42 (f) That State revenue is hereby decreased in the Schools FY 2008-09 Operating
43 Budget by $2,865,738.
44
45 2. That $1,425,000 in appropriations to certain School Special Revenue Funds is
46 hereby increased in the FY 2008-09 Schools budget as follows:
47
48
49
50
51
52
53
(a) Appropriations from fund balance of the School Instructional Technology Fund
are increased by $900,000, resulting in a total appropriation of $3,815,945.
(b) Appropriations from fund balance of the School Equipment Replacement Fund
are increased by $525,000, resulting in a total appropriation of$1,837,129.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an afJirmative vote by a majority of all the members of City Council.
Approved As to Content:
Approved As To Legal
Sufficiency:
B~a-
Management Services
w.~7if/-
Ci Y ~ttorney . ffice ~
CA 10723
R-1
May 28, 2008
SCHOOL BOARD
Dlnle' D. Edwllfdl
Chairmen
Oisbictl . Cenlerville
1513 Beaclwiew Drive
VA Beach. VA 23464
495.3551 (h). 717.0259 (c)
RIta Sweet BeIHtto
Vice Chairman
At-large
P.O. Box 6448
VA Beach. VA 23456
418-0960 (e)
Todd C. Davldton
AI-l.atga
2424 Savoonah Trail
VA Beach. VA 23456
421-3330 (w) . 285-9409 (c)
EtMII L. "Em" Davil
District 5. lynnhavan
1125 Michaelwood Drive
VA Bea:h. VA 23452
340,8911 (h)
Pllrlcla G. Edmonlon
Disllict6 . Bea:h
401-205 Harbour Poinl
VA Baa:h, VA 23451
675'()137 (h)
Edward F, Allinger, Sr.
ARll/gG
412 Becton Place
VA Baa:h. VA 23452
4864567 (h)
Dan R. lowe
Districl4 . Bayside
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
Temporarily Vacant
Dislnct 7 - Princess Anna
Sandra Smlth.JonH
Disllict 2 - Kempsv"1e
705 Rock Creek Coot1
VA Bea:h, VA 23462
490,8167 (h)
Michael W. Stewllri
Dlstt1ct 3. Rose Hal
105 Brentwood Court
VA Bea:h, VA 23452
498-4303 (h) . 44fH637 (w)
Carolyn 0, Weems
A~Large
1420 Claudia Orlve
VA Beach. VA 23455
464-6674 (hI
SUPERINTENDENT
James G. MlfT1n, Ed.D.
2512 George Mason Drive
VA Bea:h. VA 23456
26~IOO7
~.GlNIA BIAGI QTY P~.LIC 50,90...
4"'AO Of THI CU.VI
BUDGET RESOLUTION
FY 2008/09
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
community, is to ensure that each student Is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan
and school improvement priorities to guide budgetary decisions; and
WHEREAS, the School Board has studied the recommended School Operating Budget FY 2008/09 in
view of state and federal requirements, additional demands for space and operations, the strategic plan,
priorities, expectations, competitive compensation for employees and the best educational interests of
its students; and
WHEREAS, the total funds available for FY 2008/09 from the City of Virginia Beach to Virginia Beach
City Public Schools under the Revenue Sharing Policy is $394,330,115; and
WHEREAS, the debt service payment Is estimated to be $41,154,429 leaving a balance of
$353,175.686 to allocate between the Operating Budget and the Capital Improvement Program; and
WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding
provided by the City Council on May 14, 2008.
Now, therefore. be it
RESOLVED: That the $353,175,686 be allocated as follows: $339,239,378 to the Operating Budget,
and $13,936,308 to the Capital Improvement Program (CIP); and be It
FURTHER RESOLVED: That City of Virginia Beach has also transferred $4,617,000 from the
Sandbridge TIF to the Schools PAYGO; and be it
FURTHER RESOLVED: That the Virginia Beach City School Board requests a lump sum appropriation
of $721.316,182 for FY 2008/09 from the City Council of Virginia Beach for the School Board Proposed
Operating Budget FY 2008/09. For information, this includes the following categories:
Instruction $550,719,456
Administration, Attendance and Health 23,235,324
Pupil Transportation 30,954,363
Operations and Maintenance 92,403.639
Technology 24,003,400
and be it
FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an appropriation
of $125,116,593 for special grants, and other special revenue funds, for the 2008/09 fiscal year; and be
it
FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board this 20lh day of May, 2008
SEAL
~~~}c:
OIel D. Edwards, Chairman
Attest:
~ ~O.h.v~
Dianne P. Alexander, Clerk of the Board
School Administration Building . 2512 George Mason Drive' P.O. Box 6038 . Virginia Beach, VA 23456-0038
:1/. '.'I '/bS'~~'llols CO' i I
SCHOOL BOARD
OInlet D. Edward,
Ch.lnn,"
District 1 - Cenlerville
1513 Bea:twiew Dnve
VA Beach. VA 23464
495,3551 (h). 717,0259 Ie)
Rita Sweet Bellltto
Vie, Chllrl1lln
Aluge
P.O. Box 6448
VA Beach, VA 23456
418-0960 (c)
Todd C. Dlvldlon
Aluge
2424 Savannah T rat
VA Beach. VA 23456
427-3330 (wI. 285,9409 (e)
Emma L "Em" Davll
District 5 . Lynnhaven
1125 Mchaelwood Drive
VA Beach. VA 23452
340.8911 (hI
PIlrIcla G. Edmonlon
DisVicl6 - Beach
401-205 Harbour Point
VA Beach. VA 23451
675-0137 (h)
Edward F. Fillinger, Sr.
At.Large
412 Becton Place
VA Beach. VA 23452
486-4567 (h)
DlIlI R. Lowe
Dislric14 ' Bayslde
4617 Red Coal Road
VA Beach, VA 23455
490-3681 (h)
Temporarfty V.eMl
Dishiet 7 - Pmcess Anne
Sandra Smith-Jon..
Disbicl2 - KempsVIlle
705 Rock Creek Court
VA Beach. VA 23462
49O-ll167 (h)
lIleh.., W. Slew.rt
DIstricl3 . Rose Hall
105 Btentwood Court
VA Beach, VA 23452
498-4303 (h) . 445-4637 (w)
Carolyn D. Wetlflll
At-Large
'420 Claudia Drive
V A Beach. VA 23455
464-6674 (h)
SUPERINTENDENT
Jallllll G. Menill, Ed.D.
2512 George Mason Drive
VA Beach. VA 23456
263-1007
.....MIA IIAOt CITY PUIUC sOtOOU
....e..t) 0' THe CURve
FY 200S-091FY 2013-14 CAPITAL IMPROVEMENT PROGRAM
WttEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
community, is to ensure that each student is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WtlEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan
and school improvement priorities to guide budgetary decisions; and
WtIEREAS, the primary funding sources for the School CIP are state lottery proceeds, state
construction grants, school reversions, Pay as You Go funds, and the issuance of debt by the City; and
WHEREAS, the City Council Revenue Sharing Formula provides 51.3% of certain general fund
revenues to meet obligations of the Virginia Beach Public Schools; and
Wt-IEREAS, the Revenue Sharing Formula allocates funds first to Debt Service, then to Pay As You Go
CIF' funding and the balance is used for the Operating Budget; and
W~IEREAS, the School Board has allocated $13,936,308 in FY 2008/09 to Pay as You Go CIP funding;
ancl
W,.,IEREAS, the same commitment of Pay as You Go funding is planned for six year period of this
pro:>osed 2008/09 CIP; and
WH EREAS, the School Board has comprehensively reviewed all sources of funding, projected various
scenarios and prioritized the needs of the Operating and Capital Improvement Budgets; and
WHEREAS, the School Board proposed CIP has been reconciled to meet the funding provided by the
City Council on May 13, 2008.
Now, therefore, be It
RE:mLVED: That the Virginia Beach School Board adopts a CIP program of $635,153,851 (as shown
on the attached funding summary dated May 20, 2008); and be it further
RE:~OLVED: That a copy of this resolution be spread across the official minutes of this Board, and the
Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City
COLncil, the City Manager, and the City Clerk.
SEAL
Adopted by the School Board this 20th day of May, 2008
~~1-
Attest:
J..t.~ f. ~~
Dianne P. Alexander, Clerk of the Board
School AdmlnislraOOn Bulding . 2512 Geo'1I8 Mason Drive. PO. Box 6038 . Virginia Beach, VA 23456'()()38
W\VW ',bschoc's com
r~?~iABE~~'\
t~~:~l':' '~:'7~
"I.~ .~ ~.:~
~({~~~~.~~~~~:~.~~~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $300,000 from the Reimbursement of Jail Expenses from
the Commonwealth of Virginia to the FY 2007-08 Sheriff Special Revenue Fund
MEETING DATE: June 10, 2008
. Background: The Sheriff's budget is treated as a special revenue fund and receives
funding from a number of sources and is subject to fluctuations due to inmate population and
unforeseen events within the population group.
. Considerations: Revenues earned through the reimbursement of jail expenses from
the State have exceeded projected revenues by $300,000 and conversely, projected expenses
due to a significant rise in inmate population have increased by a like amount.
. Public Information: Public Information will be handled through the normal Council
Agenda notification process.
. Recommendations: In FY 2007-08, the Department of Sheriff and Corrections has
seen a significant increase in inmate population. As a result, the Reimbursement of Jail
Expenses revenue from the State has exceeded projections over expenditures for the
Department of Sheriff and Corrections Special Revenue Fund.
This request is for an increase in total appropriations of $300,000 in the following manner:
1. Appropriate $200,000 to the Sheriff Special Revenue Fund FY 2007-08 Operating
Budget to cover unanticipated inmate expenses and related housing costs.
2. Appropriate $100,000 to the Sheriff Special Revenue Fund Court Security Part-Time
funding. Part-time staff is being utilized to supplant vacant deputy positions to meet the
increased court activity, This temporary increase in part-time funding results in 3.98
FTEs for FY 2007-08 only.
These appropriations will not be funded through additional City funds, but only through revenues
derived from services provided by the Sheriff Special Revenue Fund.
. Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Department of Sheriff and Corrections
City Manager: \?J...! <i:. tlL~ f....
1
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7
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AN ORDINANCE TO APPROPRIATE $300,000 FROM
THE REIMBURSEMENT OF JAIL EXPENSES FROM
THE COMMONWEALTH OF VIRGINIA TO THE FY
2007-08 SHI;RIFF SPECIAL REVENUE FUND
WHEREAS, revenues earned through the Reimbursement of Jail Expenses from
the Commonwt~alth of Virginia exceed the budgeted appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
EstimatE~d revenues from the Commonwealth of Virginia for Reimbursement of
Jail expenses clre hereby increased by $300,000;
Appropriations to the Sheriff's Special Revenue Fund for inmate expenses are
increased by $~WO,OOO;
Appropriations to the Sheriff's Special Revenue Fund to increase part-time
funding for COUlt security are hereby increased by $100,000;
Part-time FTEs (full-time equivalents) are hereby increased by 3.98 positions for
FY 2007-08 only.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
_,2008.
day
of
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
M~9~'~~ ~
Ci(?lo~AJ2~
CA 10722
R-1
May 28, 2008
,
~~::.~~h
~~~.. "{~ll
ilt1>,.),,\
(C' i'!"""'! ;..
<.~-' ~Ij.
"'." ;,,t'
l~:,:,~...-::~J'
...::.::.;.::::::..,y
~
\....
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Appropriate $17,637 in Ordinance-Violations Revenue to the FY
2007 -08 Operating Budget of the Department of Agriculture for Wetlands and
Coastal Dunes Restoration and Enhancements Projects
MEETING DATE: June 10, 2008
. Background:' The City's Chesapeake Bay Preservation Board and Wetlands
Board both collect civil charges for violations of the City's Chesapeake Bay Preservation
Ordinance and Wetlands and Coastal Primary Sand Dune Ordinance. Historically, these
funds have been appropriated for various environmental restoration and habitat
enhancement projects in the City. These projects are coordinated and implemented by
the Habitat Enhancement Committee that was officially established by City Council in
August 1994.
. Considerations: Between July 1, 2007 and May 31, 2008, the Chesapeake Bay
Preservation Board and Wetlands Board collected civil charges in the amount of
$17,637 from various individuals for violating the provisions of the Chesapeake Bay
Preservation Area Ordinance and the Wetlands and Coastal Primary Sand Dune
Ordinance. The Department of Agriculture requests that City Council appropriate this
amount to the Operating Budget of the Department of Agriculture to be used by the
Habitat Enhancement Committee for various projects. These funds will be used to
enhance the City's natural environment through coastal sand dune stabilization and tidal
wetlands restoration. Some recent projects include: the Lynnhaven Boat Ramp and
Great Neck Park wetlands plantings; Little Island Park dune stabilization; the purchase
of storm drain markers; and the riparian buffer demonstration project at the Hampton
Roads Agricultural Research and Extension Center.
. Public Information: Public information will be provided through the normal City
Council agenda process.
. Recommendations: Approval of attached ordinance.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Agriculture
City Manage~ It.. .~~
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3
4
5
6
7
8
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10
11
12
13
14
15
16
17
18
19
20
AN ORDINANCE TO APPROPRIATE $17,637 IN
ORDINANCE VIOLATIONS REVENUE TO THE FY 2007-08
OPERATING BUDGET OF THE DEPARTMENT OF
AGRICULTURE FOR WETLANDS AND COASTAL SAND
DUNE RESTORATION AND ENHANCEMENT PROJECTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That estimated revenue in the FY 2007-08 Operating Budget is hereby
increased by $17,637 from Chesapeake Bay Preservation Ordinance violation
charges.
2. That $17,637 from Chesapeake Bay Preservation Ordi~ance violation
charges are hereby appropriated to the FY 2007-08 Operating Budget of the
Department of Agriculture for wetlands and coastal restoration and enhancement
projects.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
QL0~ CL
Management SI3rvices
cny~~~
CA10721
R-1
May 28, 2008
- 34-
Item V-L3.
ORDINANCES
ITEM 57692
Upon motion by Councilman Wood. seconded by Councilman Dyer. City Council DEFERRED until the
City Council SessJon of June 10, 2008:
Ordinance to AUTHORIZE the transfer of $292,790 from
Operating to Capital Outlay accounts within the FY2007-08
Operating Budget of Parks and Recreation re purchase capital
equipment for each recreation center
Voting:
9~O (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer.
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan.
John E. Uhrin. Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Obemdorf and Rosemary Wilson
June 3, 2008
I I
,
~~~~~~
\X-~ .}j/
l..':, ;y
~~
CITY OF VIRGINIA BEACH
AGENDA ITEM
"'"
\..
~
ITEM: An Ordinance to Transfer $292,790 from Operating Accounts to Capital Outlay
Accounts within the FY 2007-08 Operating Budget of the Parks and Recreation
Department to Purchase Capital Equipment for Each Recreation Center
MEETING DATE: June 10, 2008
. Background: Over the past few years, Parks and Recreation has worked with
Management Services to allocate any additional revenue from the dedicated
referendum funding to provide new and replacement equipment for the recreation
centers. This initiative helps ensure that the center meets the demand of customers for
the different types of uses at all the centers. While preparing the FY 2007-08 Operating
Budget, Management Services equally divided the additional funding among the six
recreation centers to purchase equipment; however, specific items were not identified at
the time the budget was being finalized. The Department has identified specific needs
through surveying and their strategic planning process.
This item was deferred on June 3, 2008 for one week.
. Considerations: Over the past few months, the Programming and Operations
Division has been meeting to strategically decide how these funds could best be used
based on the needs and priorities of the community.
The recreation centers have experienced a trend of declining participation for several
years in the non-directed activity areas. During the last three years, this decline has
been primarily in aquatics, by 23,184 participants and youth areas, by 76,069
participants. During that same period, the overall number of adult memberships
decreased by 4,826, and the youth memberships decreased by 2,474.
The Department's research has shown that the youth game rooms and pools lack the
modem amenities and activities that the community desires. However, due to previous
budgetary restrictions, new equipment and program enhancements in these two areas
have not been undertaken. Since the identified equipment exceeds $5,000 for each
item, it is required to be purchased in a capital outlay account.
The Parks and Recreation Department is requesting that $292,790 be transferred to
accounts within their budget to purchase equipment, such as highly interactive sport
walls, dance sy:stems and play structures that will substantially enhance our youth game
rooms and aqucltic areas in all six recreation centers.
. Public Information: Information will be disseminated through the regular
Council agenda notification process.
. Alternatiives: The alternative would be to let these funds remain unspent and
lapse to fund b~llance of the Parks and Recreation Fund.
. Recommendations: Approve the transfer of $292,790 to capital accounts within
the Department of Parks and Recreation's FY 2007-08 Operating Budget.
. Attachments: Ordinance
Recommended l"ction: Approval ~. q. ll~+
Submitting Department/Agency: Department of Parks and Recreation
City Manager: "'\2...<;" 4 u"-,,Lxt---
I I
Budget Unit Account From Account To Amount Purchase
11070 605899 607301 $ 11,895.00 Sport Wall
$ 20,608.00 XerDance System
$ 20,000.00 Aquatics Climbing Wall
Total 11070 $ 52,503.00
11071 605899 607301 $ 11,602.00 Sport Wall
$ 7,500.00 Aquatics Open Flume Slide
$ 5,500.00 Aquatics TR Lift
Total 11071 $ 24,602.00
11072 605899 607301 $ 11,602.00 Sport Wall
$ 20,608.00 XerDance System
$ 11,000.00 Inflatable Movie Screen w/Projector
Total 11072 $ 43,210.00
11073 605899 607301 $ 16.571.00 Sport Wall
$ 40,000.00 Play Structure
Total 11073 $ 56,571.00
11074 605899 607301 $ 11,602.00 Sport Wall
$ 7,700.00 Aquatics Youth Dragon Float
$ 45,000.00 Play Structure
Total 11074 $ 64,302.00
11075 605899 607301 $ 11,602.00 Sport Wall
$ 10,000,00 Aquatics Youth Croc Float
$ 30,000.00 Play Structure
Total 11075 $ 51,602.00
Grand Total $ 292,790.00
1 AN ORDINANCE TO TRANSFER $292,790 FROM
2 OPERATING ACCOUNTS TO CAPITAL OUTLAY
3 ACCOUNTS WITHIN THE FY 2007 -08 OPERATING BUDGET
4 OF THE PARKS AND RECREATION DEPARTMENT TO
5 PURCHASE CAPITAL EQUIPMENT FOR EACH
6 RI:=CREA TION CENTER
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That $292,790 is hereby transferred within the Parks and Recreation Department's
10 FY 2007-08 Operating Budget to fund capital equipment purchases for the recreation
11 centers.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
2008.
day
Approved as to Content:
Approved as to Legal Sufficiency:
~~Q ,f~
Management Services
c~~~~
CA10713
R-1
May 21,2008
K. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
L. UNFINISHED BUSINESS
!
I
I
I
1
;1
\
I I
M. NEW BUSINESS
N. ADJOURNMENT
ALL PLANNING ITEMS FOR JUNE WILL BE
HEARD AT THE FORMAL SESSION ON
TUESDAY, JUNE 24, 2008
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
I
I
,
, I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCU ACnONS
V
0 I
DATE: June 3, 2008 M B L
D C E L
E D H C R A W
PAGE: I S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
I I. BRIEFINGS
A. GASB 45 TRUST FUND Patricia Phillips,
Director - Finance
B. STUMPY LAKE CONSERVATION Clay Bernick,
I EASEMENT Coordinator,
I Environmental
Management
II Center - Planning
'I C. ENERGY PERFORMANCE David L. Hansen,
I
CONTRACT Chief - Finance
and Technology
11/ CERTIFICA nON OF CLOSED
III/IV N NI SESSION CERTIFIED 8-0 Y Y A Y Y Y A Y Y A Y
E B
S
T
A
I
N
E
D
F MINUTES May 27, 2008 APPROVED 9-0 Y Y Y Y Y Y A Y Y A Y
i
G/lI/l Ordinance to AMEND Sect 23-2, I of the ADOPTED BY 9-0 Y Y Y Y Y Y A Y Y A Y
i! City Code re curfews after declarations of CONSENT
emergency
2 Ordinance to AUTHORIZE acquisition of ADOPTED BY 9-0 Y Y Y Y Y Y A Y y A Y
property for $13,000 at Lakeside, Locust CONSENT
Crescent, from Francis E. Haley, Jr.,
I Inc.;/AUTHORIZE all documents
(DISTRICT 4 - BA YSIDE)
i 3 Ordinance to AUTHORIZE transfer of DEFERRED TO 9-0 Y Y y Y Y Y A Y Y A Y
$292,790 within FY2007-08 Operating 06/10/2008 BY
Budget of Parks/Rec CONSENT
ADD ON Resolution to SUPPORT proposal by Bon ADDED & 9-0 Y Y Y Y Y Y A Y Y A Y
Secours Hampton Roads Health System ADOPTED BY
to construct an Acute Care Hospital in CONSENT
Virginia Beach as part of the Princess Anne
Corridor plans (DISTRICT 7 - PRINCESS
ANNE)
Reconsideration of Application of ADDED & 7-2 Y Y Y N Y N A Y Y A Y
NIMMO CHILDCARE & RESOURCE APPROVED TO
LEARNING CENTER, INC, for the BE
Modification of Conditions for a request SCHEDULED
approved by City Council on November 23,
1993
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: June 3. 2008 M B L
D C E L
E D H C R A W
PAGE: 2 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
J APPOINTMENTS
RESCHEDULED B Y C 0 N S E N S U S
BEACHES AND WATER WAYS
COMMISSION
BIKEWAYS and TRAU_S ADVISORY
COMMmEE
HISTORIC PRESERVP.TION
COMMISSION
OPEN SPACE ADVISORY COMMmEE
HEALTH SERVICES ADVISORY Appointed Jay 9-0 Y Y Y Y Y Y A Y Y A Y
BOARD Vegara unexpired
thru 3/31/1 I
K/L/M ADJOURNMENT 6:16PM
PUBLIC COMMENTS 2 Speakers
6: 18 - 6:30 PM
F'LANNING ITEMS FOR JUNE 10,2008
WILL BE HEARD JUNE 24, 2008
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER