JUNE 3, 2008 MINUTES
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WiLLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne ~ District 7
Ill'BA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JA.MES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
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
('fTY ('LARK - RUTH HODGES FRASER, MMC
03 JUNE 2008
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
2:30 PM
A. GASB 45 TRUST FUND
Patricia Phillips, Director - Finance
B. STUMPY LAKE CONSERVATION EASEMENT
Clay Bernick, Coordinator, Environmental Management Center - Planning
C. ENERGY PERFORMANCE CONTRACT
David L. Hansen, Chief - Finance and Technology
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
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V.
INFORMAL SESSION
- Conference Room -
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
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
May 27,2008
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCES
1. Ordinance to AMEND Section 23-2.1 of the City Code re curfews after
declarations of emergency to correct a typographical error
2. Ordinance to AUTHORIZE the acquisition of property for $13,000 at Lakeside,
Locust Crescent, from Francis E. Haley, Jr., Inc.; and, AUTHORIZE the City
Manager to execute all documents (DISTRICT 4 - BA YSIDE)
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3.
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
J. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HEAL TH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
PLANNING ITEMS FOR JUNE 10,2008
WILL BE HEARD JUNE 24, 2008
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CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
I 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
***********
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Agenda 06/03/2008 afb i
~\lww.vbgov.col11
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 3, 2008
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re GASB 45 TRUST
FUND in the City Council Conference Room, City Hall, on Tuesday, June 3,2008, at 2:30 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Ron A. Villanueva and James L. Wood
Council Members Absent:
Robert M Dyer
[Taking Mother to Doctor, Arrived.'
6:00 P.M Formal Session)
John E. Uhrin
[Entered: 2:45 P.M)
Rosemary Wilson
[Family Vacation out of the Country)
June 3, 2008
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CITY MANA GER 'S BRIEFING
GASB 45 TRUST FUND
2:30 P.M.
ITEM # 57670
Patricia L. Phillips, Director of Finance, introduced the representative of the Virginia Pooled GASB
Trust, Bob Lauderberg - Managing Director - VMLlVACo Finance Program. The purpose of the
Briefing is to provide a recommendation re the funding of the GASB 45 Trust.
. The Governmental Accounting Standards Board's statement requires financial disclosure of
retirement health benefits (and other) liabilities similar to current pension reporting
. Local governments must recognize both the current cost and unfunded accrued actuarial liability
for benefits earned to date
. Full funding of liability is not required, but funding levels will be considered by bond rating
agencies
Trust Fund to Fund
GASB 45 Liability
. GASB rules do not require funding, but assets set aside in a dedicated Trust can offset the
liabilities
- If contributions are irrevocable, dedicated to providing benefits and legally
protected from creditors of employer and Plan Administrator
GASB allows retiree medical liability to be determined using more favorable
actuarial assumptions, such as a higher discount rate, if employer funds promised
benefits
. Pre-funding better matches the expense of the plan with the cash outlay
. Pre-funding secures the benefit and reduces the build up of an unfunded liability on the
balance sheet
Summary ofGASB 45 Liability
City Schools Total City Schools Total
Actuarial Accrued Liability $119.9 $100.1 $220.1 $84.7 $72.3 $157.0
Annual Required 12.3 10.9 23.2 10.3 9.2 19.5
Contribution
Expected 2008 Costs 5.3 5.3 10.6 5.3 5.3 10.6
Cash Flow Increase 0.0 0.0 0.0 5.0 3.9 8.9
Trust
· Trust enables City to use higher discount rate
City may not divert assets of an OPEB Trustfor any purpose other than exclusive benefit of
active or former employees, dependents or beneficiaries entitled to OPEB
· Trust will state that:
(i) all benefits subject to change
(ti) benefits are determined as part of the annual budget process
(iii) benefits are subject to annual appropriation
(iv) employees do not have vested benefits until retirement
June 3, 2008
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CITY MANA GER 'S BRIEFING
GASB45 TRUST FUND
ITEM # 57670 (Continued)
Mrs. Phillips stated the options: Separate Trust, Pooled Trust and Virginia Retirement System
Bob Lauderberg - Managing Director - VMLlVACo Finance Program, appreciated the opportunity to
work with Virginia Beach on this important issue. Virginia Municipal League and Virginia Association
of Counties have been allies in terms of legislation to allow the Virginia Retirement System to offer a
pooled Trust Fundfor OPED. For two (2) years, the Virginia Municipal League (VML) and VACo have
lobbied in favor. When it appeared, the General Assembly was not going to approve this concept, the two
associations wished to offer an option meeting a locality's needs to members.
Virginia Pooled OPEB Trust
· Only pooled OPEB Trust in Virginia:
- Shared costs
- More investment options
· Cost Structure
- Lifetime membership fee of $5,000 will cover the participant's initial legal costs and help
defray program start-up expenses
Participant custodial fee - $500 per year for Comerica Bank
VMLlVACo Finance Program will defer its program administration costs for thejirst
year in order to assist in the successful start-up of the program
Fee projected to be under 0.5% after critical mass reached
An Initiative of VA Co and Virginia Municipal League
The Pooled OPEB Trust Fund is ajoint effort of the Virginia Association of Counties and Virginia
Municipal League:
. VACo-VML OPEB survey of local governments (June 2007)
· Exploratory meeting with local officials (May 2007)
· VACo-VML Pooled OPEB Trust Fund Task Force (Summer-Fall 2007)
. Staffing by VMLlVACo Finance, with Kaufman & Canoles serving as Counsel
Governance
Board of Trustees for Virginia Pooled Trust
· Five to nine members: Founding members serve minimum of six years; other
members elected in weighted vote of all participants
Local Finance Boards
.
Required by Code; provide direction to Trust Fund on behalf of locality
~ Director of Finance - City
~ Treasurer - City
~ Citizen with expertise
Schools may join City's Local Finance Board
.
June 3, 2008
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CITY MANA GER 'S BRIEFING
GASB45 TRUST FUND
ITEM # 57670 (Continued)
Roles
Board of Trustees - Pooled Trust
· Investment policy and guidelines
· Asset allocation and risk
. Investment Advisor/Consultant - Evaluation Associates - Milliman
· Custodian bank selection - Comerica
· Performance evaluation, quarterly
· Next meeting June 6
Local Finance Board
· Monitor investment results
· Represent beneficial interest of City
· Investment elections from alternatives
· Select actuarial service providers
Investment Portfolio
. Actively manage portfolio with index funds for certain asset classes - results in higher
rates of return and lower costs
. Documents allow Trustees to provide up to two additional portfolios with different
risk/return profiles
Small Cap Manager being selected
International Fund Manager being planned
Others
Investment Consultant
Evaluation Associates, LLC
Norwalk, Connecticut
Full service investment consulting firm
$250-BILLION in client assets, 140 institutional clients
66 employees, including
23 consultants
11 dedicated research analysts
Linda Schlissel- Principal, Senior Consultant
28 years experience with Evaluation Associates since 1979
Clients range in size from S100m to SJOB
Pooled Trust Exp.:
· NY State Deferred Compensation (300 employers)
· Major League Baseball
GASB 45 Client: DC Health & Life Ins. Trust
Advantages of V ACo/VML
1. A more diversified portfolio
2. Access to leading investment consultants and managers with exceptional expertise
and research capabilities
3. The lowest cost option; cost sharing and economies of scale
4. Locally directed and controlled
5. Can transfer funds out at afuture date if other options become attractive
June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
GASB45 TRUST FUND
ITEM # 57670 (Continued)
Mrs. Phillips advised the process and schedulingfor the City Council Session of June 10, 2008. There is
also the possibility the Virginia Beach City Public Schools will request to be a part of the local finance
Board.
Process
June 10, 2008, City Council Agenda will include actions for consideration to:
Create City Local Finance Board (LFB)
- Direct Local Finance Board to execute Trust Joinder Agreement
- Establish the Trust, approve the form of the Trust and Trust Joinder Agreement
- Approve deposit of Annual Required Contribution (ARC) by June 30, 2008
Local Finance Board will:
- Meet regularly
Evaluate if Trust should be moved in the future (requires notice)
Represent the beneficial interest of the City in the Pooled Trust Fund
- Monitor investment results
Make investment elections as appropriate
June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
STUMPY LAKE CONSERVATION EASEMENT
3:08 P.M.
ITEM # 57671
Clay Bernick, Coordinator - Environmental Management Center - Planning, provided an update
concerning the Stumpy Lake Conservation Easement.
. July 3,2001, City Council Briefing on North American Wetlands Conservation Act Grant
Proposal
Virginia Department of Game and Inland Fisheries Proposalfor $l-MILLION to
acquire Beasley Tract on Back Bay
Request for City to partner with in-kind grant match of conservation easement over
Stumpy Lake property
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C IT Y MANA G E R 'S B R IE FIN G
STUMPY LAKE CONSERVATION EASEMENT
ITEM # 57671 (Continued)
July 3, 2001 City Council Decision
. Staff recommendation to be partner in grant proposal
. City Council endorsement
. Letter sent by City Manager confirming grant support as partner for easement over Stumpy
Lake property
Actions for 2001 to present
. Virginia Department of Game and Inland Fisheries obtained Grant
. Beasley Tract acquired on Back Bay (254 acres, Y2 mile shoreline on western shore of Bay)
. Managed as part of Princess Anne Waterfowl Management Area by the Commonwealth
Remaining Actions Required
. Place conservation easement over Stumpy Lake property that is:
Outside of golf course tract
Located on west side of lake and
Does not include lake or road causeway
Mr. Bernick displayed the Site Context: Master Land Use and Management Planfor Stumpy Lake
Natural Area.
Specifics of Easement
. Will not restrict other planned or potential City projects (dam and spillway renovations,
causeway road renovations, golf course lease or operations, Indian River Road improvements,
Rosemont Forest drainage improvements, Brigadoon and Charlestown Lakes drainage
maintenance)
. Will work in harmony with Stumpy Lake Master Land Use and Management Plan for passive
recreational use of the Stumpy Lake property (trails, education, etc.) and Southeastern
Parkway and Greenbelt plans
. Easement will be placed on property in perpetuity to ensure area encumbered by easement
remains in conservation status and maintains natural conditions
Actions Required
. Ordinance to Authorize City Manager to Place Easement as Described scheduled for June 24,
2008, Council meeting
Mr. Bernick advised the City's holdings in Chesapeake would be encumbered with the Conservation
Easement (in Virginia Beach). Chesapeake is in agreement.
June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
3:15 P.M.
ITEM # 57672
The City Manager advised that faced with uncharted energy cost increases Staff has prepared a Policy
Report focused on energy performance contracting. City Council approval is requested:
Establish a debt policy for Energy Performance Contracting
Authorize $10-MILLION in debt (split evenly between Schools and City) for funding
energy performance projects
Require City and Schools to pay their respective debt service from operational energy
costs saved
Ensure energy performance contracts contain clauses which require performance
bonding and annual audit of energy savings
Partner with the Virginia Resources Authority to fund low cost financing loans
Specify the duration of payback period, not to exceed seven years
David L. Hansen, Chief - Finance and Technology, advised, as the City and Schools face significant
increases in energy costs (electric, gas, fuel oil, and gasoline) Staff believes there are opportunities to
initiate energy performance contracts which will reduce energy costs and apply those savings to funding
energy project improvements. Several public entities have undertaken such energy performance contracts
and are briefly referenced in the Policy Report. Currently, the Virginia Beach City Public School System
(VBCPS) has conducted an energy audit and is prepared to move forward with projects that include
lighting retrofits, HVAC replacement and measures for water consumption reduction. The City would like
to move forward with conducting a reduced scope energy audit and follow through on multiple projects
mirroring the same type of improvements proposed by the Schools. Since forming the Joint Energy
Committee between City and Schools in March of this year, Staff has actively been focused on how to
improve the efficient use of resources committed to energy. One of the first efforts was to generate a
report on the Debt Policy for Energy Performance Contracting.
The staff is attempting to determine the best strategy for "Going Green" (Environmental and
Energy).
Energy costs for Virginia Beach will exceed the FY 2008 budgeted amount of $43.7-MILLION
Electricity = $29M
Natural Gas = $3AM
Fuel = $l1.3M
The City predicts energy costs for Virginia Beach (in FY 2009) will exceed $59-MILLION. This is a
staggering 35% increase.
June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
ITEM # 57672
Electricity
FY 2008-09
Additional
FY 2004-05 FY 200~ FY 2006-07 FY 2007-08 Funding
Actual Actual Actual Adj Budget Budget Projected Needed
Streetlights, Signals, Etc. $ 4,685,233 $ 4,516,146 $ 5,381,790 $ 5,100,000 $ 5,488,458 $ 6,421,496 $ 933,038
VB Comention Center 750,137 604,846 666,734 1,000,000 1,170,000 170,000
Lake Gaston Facilities 308,923 602,753 449,814 688,500 1,200,000 1,404,000 204,000
Sewer Pump Stations 663,559 667,762 668,320 690,387 688,369 805,392 117,023
City Buildings (General Fund) 3,139,061 3,521,546 3,691,186 3,169,653 3,671,548 4,295,711 624,163
All Others 3,408,549 2,547,709 3,180,894 1,815,088 1,635,041 1,912,998 277,957
City Total 12,205,325 12,606,053 13,976,850 12,130,342 13,683,416 16,009,597 2,326,181
Schools Total 12,297,869 13,510,537 12,638,527 16,849,507 NA NA NA
Virginia Beach Total $24,503,194 $26,116,590 $26,615,377 $28,979,849 NA NA NA
. 17% increase, based on data pro~ded by Dominion Virginia Power.
Natural Gas
FY 2008-09
Additional
FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 Funding
Actual Actual Actual Adj Budget Budget Projected Needed
VB Con..ention Center $ 406,975 $ 359,379 $ 266,693 $ 310,000 $331,700 $ 21,700
All Others 15,734 23,816 11,934 21,525 24,281 25,981 1,700
City Total 15,734 430,791 371,313 288,218 334,281 357,681 . 23,400
Schools Total 1,391,680 1,904,266 1,556,311 3,050,888 NA NA NA
Virginia Beach Total 1,407,414 2,335,057 1,927,624 3,339,106 NA NA NA
* 7% increase, based on data awilable through the United States Department of Energy.
June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
ITEM # 57672 (Continued)
Fuel
FY 2008-09
Additional
FY 2lJ04.{)5 FY2oo5-06 FY 2006-07 FY 2007-08 Funding
Actual Actual Actual Adj Budget Budget Projected Needed
Police Uniform Patrol $ 803,132 $1,043,288 $ 987,239 $ 1,149,297 $ 1,149,297 $ 1,597,523 $ 448,226
Bureau of Waste Collection 582,714 773,053 791,915 606,452 646,452 898,568 252,116
SWU - Operations & Maint 159,656 191,827 183,096 252,414 252,414 350,855 98,441
Fire Operations 193,745 256,526 287,063 374,661 374,661 520,779 146,118
EMS Operations 192,166 251,785 236,148 329,073 329,073 457,411 128,336
All Others 1,912,596 2,472,666 2,564,249 2,919,954 2,913,963 $ 4,050,409 1,136,446
City Total 3,644,029 4,989,165 5,069,710 5,631,851 5,665,660 7,875,545 2,209,665
Schools Total 2,348,028 3,171,083 3,219,531 5,673,575 5,992,725 NA NA
Virginia Beach Total $6,192,057 $ 8,160,248 $8,289,241 $11,305,426 $11,656,565 NA NA
. 39% increase, based on data pro'.1ded by the City's Automoti\e Sei\1ces Di'.1sion,
City's "Top Ten" List
$1,400,000.00
$1,200,000.00
(/) $1,000,000.00
I-
~ $800,000.00
~ $600,000.00
c( $400,000.00
$200,000.00
$0.00
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June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
ITEM # 57672 (Continued)
City's "Top Ten" - Cost/SF
$3.00
$2.50
~ $2.00
z
:::> $1.50
o
:i $1.00
$0.50
$0.00
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Energy Savings Measures - City
~ Energy-efficient lighting
.:. Many buildings, including aquarium, Judicial Center, Operations Building,
Recreation Centers
~ Variable speed drives and pumps
.:. Multiple facilities, including Rec Centers, heat plant
~ Direct Digital Temperature Controls with night set back
~ Installation of OFF-peak ice storage technology at the Central Plant for ON-peak
cooling demands in Municipal Center
~ Gas/electric switching technology at heat plant
~ Peak Demand Monitoring and load shedding at the Central Plant
~ Mandatory adjustment of thermostat settings throughout City facilities
~ Reduction in number of pool pumps operating at Recreation Centers
~ Window improvements (insulation AND sun screens)
~ LED traffic signal lights
~ Inventory of Street Lighting and monitoring, reporting of outages
~ Scheduled additional variable speed drives and pumps at Central Plant
~ Scheduled additional lighting efficiencies at:
~ Correction Center, Aquarium, Judicial Center, Operations, P A and GN Rec
Center, Human Services
~ Scheduled additional HV AC Improvements: variable speed drives
June 3, 2008
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CITY MANA GER 'S BRIEFING
ENERGY PERFORMANCE CONTRACT
ITEM # 57672 (Continued)
veeps' "Top Ten" List
$700,000.00
$600,00000
$500,000.00
~ $400,000.00
~ $300,000.00
00( $200,000.00
$100,000,00
$0.00
OlHS GRHS SHS lHS larkMS TallHS Cox HS ClMS PAHS KemHS
vecps' uTop Ten" - Cost/SF
$2.50
$2.00
~ $1.50
$1.00
$0.50
$0.00 of /' ~ ./' / ~~-I' if/' cI' /' /'
Energy Savings Measures - VBCPS
>- Regular Updates to Principals regarding utilities cost and never use consumption
>- Tips sent to facility managers to encourage staff to reduce consumption
>- Extending HV AC setback for break periods when students are out, but non-
instructional staff are working
>- Implementation of HV AC temp range in facilities
>- Summer schedule - 4-day work week
>- 5% reduction in electricity use last fiscal year, despite increased square footage
Mr. Hanson cited the Virginia Beach City Public Schools Energy Initiatives:
>- Audits
.:. Ameresco
../ VBCPS: complete
../ City: in progress
.:. Noresco: 90% complete, waiting on VBCPS input
);> Financing
.:. Partnering with City to request CIP funding:
../ Pilot process for 2 year Contracts
../ Legal review
June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
ITEM # 57672 (Continued)
VBCPS Project 1 - Ameresco
~ Indian Lakes ES, Plaza MS, Red Mill ES
~ S700K
~ Scope:
.:. Lighting sensor improvements and controls
.:. Vending machine controls
.:. Solar array (Plaza MS)
.:. Cooling tower sewer abatement (Red Mill ES)
.:. Demand control ventilation (Red Mill ES)
.:. Water conservation
VPCPS Project 2 - Noresco
~ Providence ES, Brandon MS, Bayside HS, Rosemont ES, and Kingston ES
~ $3.8M
~ General Scope:
.:. Lighting and lighting controls
.:. Energy savings through behavior change
.:. Energy management systems (Brandon & Providence)
.:. Heat pump controls for portables
~ Scope (specialized):
.:. Providence ES:
~ Geothermal (30% savings vs. carbon fuels)
.:. Brandon MS
~ Rooftop unit replacement (library)
~ Asbestos abatement
Energy Performance Contracts
~ Energy performance contracts are provided by an Energy Service Company (ESCo) or
equipment manufacturer with a performance bond that. . .
~ Provides a guarantee on energy savings from the installed retrofit measures, and they offer a
range of associated design, installation, maintenance and financing services.
~ The contract period can range from 5 to 10 years, and the customer is required to have a
certain minimum level of capital investment
Energy Performance Contracts in Virginia Beach - Policy Report
~ Energy cost saving projects are available for investment
~ VBCPS has conducted audit and is prepared to proceed
~ The City implements energy efficiencies thru routine MRR and is just beginning their energy
audit for a trial project
~ Request to authorize Sl-MILLION in debt shared evenly
~ The City and the Schools each responsible for respective debt service
~ Repayment periods not to exceed ten years
~ Performance contract to contain requirement to conduct an annual audit of energy savings
and have performance bonds
~ Evaluate the program as part of the Biennial budget process
~ Pursue low cost financing with Virginia Resources Authority
June 3, 2008
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C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
ITEM # 57672 (Continued)
~ City obtains lower cost lease-purchase financing (AAA advantage) instead of having to rely on
contractor financing
~ Avoid paying contractor's cost of capital
~ Anticipating an increase to debt per capita of additional $20
~ Treat peiformance contracting debt separate from Council Debt Policy of $2400 per capita
since it has a guaranteed savings (similar to ARP with its own source of repayment)
~ Rating agencies will count this as a component of overall tax supported debt
~ Structure contracts to require audits and peiformance bonds
City Focus for Performance Contracting
1. Central Heat Plant: B-Loop add variable speed drives, Ice Storage-Variable speed pump,
Improvements to minimize natural gas utilization during Summer months
2. Correction Center: Electronic ballast and T-8 bulbs at Correction Center II
3. Virginia Aquarium: Changing incandescent lights to more energy efficient types,
Lighting Control System
4. Judicial Center: Energy efficient lighting and lighting controls, Elevator motor - more
energy efficient motors for traction elevators
5. Bayside Recreation Center: Variable speed drives on pumps, fans and the cooling tower
6. Central Library: Sun screening mesh on window on the south wall
7. Operations Building: Variable speed drives on circulation pumps (hot and chilled water)
Double glazed insulated windows,finish conversion of T-12 to T-8 bulbs and electronic
ballasts, Lighting controls
8. Princess Anne Recreation Center: Variable speed drives on pumps and AHU fans
Replace the pool lighting with metal halide Complete conversion to T-8 lamps and
electronic ballasts
9. Great Neck Recreation Center, DDC controls, variable speed drives on pumps and air
handling units
10. Human Services Building: Lighting control system
11. Kempsville Recreation Center: Install ducted returns, variable speed drives on pumps,
replace the electronic boiler with natural gas
12. Virginia Beach Convention Center: Lighting replacements, Energy Management
Upgrade and Lighting upgrades for the Parking Garages
June 3, 2008
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- 15 -
C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
ITEM # 57672 (Continued)
Recommendations
~ That the City Council establishes a total of $1 O-MILLION dollars to be spent on energy
performance contracts over the FY 2008-09 and FY 2009-10 Biennial budget, split evenly
between the City and Schools
~ That CIP Project 3-119 Energy Performance Contracts (City) and CIP Project 1-109 Energy
Performance Contracts (Schools) are hereby created to track and maintain these agreements
~ That each project will be financed with lease-purchase financing or other forms of
appropriation - backed financing that provides the lowest cost available. The savings in energy
costs will be the source of repayment for this financing
~ That this ordinance is contingent upon the City Council's adoption of a resolution to address
energy performance contracts in its debt management policies and guidelines
~ That the City will review these contracts at the end of the two year trial period to examine both
their effectiveness and the impact it has with the financial rating agencies on the City's debt
policies
Councilman Villanueva referenced the news article in USA today discussing a four (4)-day work week.
Several localities throughout the United States are utilizing this concept. Could this concept be modeled in
Virginia Beach? Councilman Villanueva requested a determination be made of non-essential departments
which could utilize the 4-day work week. The Federal Government has been utilizing this concept for a
while.
Mr. Hansen advised one of the concepts is optimizingjully energized space. Jfyou energize the buildings of
a City, you want to maximize its use. The Joint Energy Committee will question whether THE City can
effectively go to a four-day work week (10-hour days) and still maintain public services.
Mayor Oberndorf advised Birmingham, Alabama, has established a 4-day work week. Their impetus is to
save their employees funds by not having to drive 5-days a week with the escalating cost of gasoline.
Councilman Wood IS concerned whether a 4-day work week would be acceptable to citizens who need to
visit the offices of City Hall. Councilman Wood expressed concern re the geo-thermal concept. This is an
extremely expensive and complimented process. Councilman Wood wished to be advised of the quantifiable
savings. The data relative the quantifiable savings will be provided.
Tony Arnold, Director of Facilities, Planning and Construction - Virginia Beach City Public Schools,
advised the Renaissance Academy has a geo-thermal system and the maintenance department is extremely
justified. This investment pays for itself. The contractors are required to provide a bond. The contractors
guarantee within the contract that certain savings will be achieved. Jf the savings are not achieved, the
contractor will provide the difference in cost.
Mayor Oberndorf advised Iceland uses geo-thermal very economically.
Mr. Hansen advised being Director of Public Works at Fort Eustis, he completed installing two (2) geo-
thermal fields in 2000 and has not gone back to review these, but will contact them and determine their
efficiency.
Councilman DeSteph inquired re the investment of $lO-MILLION, what is the expected return on
investment?
June 3, 2008
Policy Report
May 15, 2008
DEBT POLICY FOR ENERGY
PERFORMANCE CONTRACTING
I. BACKGROUND
As a measure to reduce energy costs as well as protect the environment, the City and School
system have been exploring energy performance contracts. Energy performance contracting
involves a vendor (contractor) conducting a detailed energy audit and then making
improvements to a building that reduces energy costs. The savings are such that the cost of
the improvements is recaptured within a reasonable period. The savings are guaranteed by the
contractor who is required to take out a performance bond, whereby the shortfall is paid to the
City if the savings do not materialize.
The City and Schools would like to finance their debt over a number of years the cost of these
energy improvements. This policy report examines the effect these energy performance
contracts have on the City's debt policies and practices, and recommends a policy change to
accommodate this type of contracting.
Several public bodies in Virginia have already entered into energy performance contracts:
Fairfax County Public Schools ($22.5 million over 6 phases), Chesterfield County Schools and
County ($3.1 million between both agencies), Old Dominion University ($2.7 million),
Portsmouth Public Schools ($8.4 million), and Newport News Public Schools ($27.4 million
over two phases).
Unfortunately, most of these localities are too early in the process to report official
savings. However we did receive some information from Fairfax County.
I I
Energy Performance contracts have been in place in the Fairfax Facilities Management
Department (FMD) for over five years resulting in combined annual energy savings over
$1,000,000. These savings are realized each and every year once an energy project is
completed. They have completed energy projects for lighting, HV AC and computer controls
in over 130 buildings since program inception.
Examples of recent Fairfax facilities projects:
· Completed Energy Performance Contract valued at $2,132,000 to upgrade lighting
and HV AC systems at the three building jail complex. Annual energy savings
$184,000/yr. This project combined capital renewal requirements with energy
saving strategies.
· Completed Energy Performance Contract valued at $1,418,000 to upgrade lighting
and HV AC systems at the Juvenile Detention Center and Springfield Warehouse.
Annual energy savings $87,000/yr. This project combined capital renewal
requirements with energy saving strategies.
· Completed construction on an Energy Performance Contract valued at $915,000
to upgrade lighting and HV AC systems at the three building Government Center
complex. Annual energy savings $111 ,500/yr.
II. CONSIDERATIONS
A. Legal
Virginia State Code Section 11-34.1 establishes that "It is the policy of the
Commonwealth to encourage public bodies to invest in energy conservation measures
and facility technology upgrades that reduce energy consumption, produce a cost
savings, and improve the quality of indoor air in facilities..." Sections 11-34.2 & ] ]_
34.3 of the State Code give localities the authority to enter into energy performance-
based contracts.
Although the State Code provides that energy performance contracts would not be
considered debt, the rating agencies indicate that these contracts are a form of debt for
purposes of evaluating the financial condition of a governmental unit.
City Council must approve all debt and has an array of policies both legal and
administrative to guide the City's debt program. From a legal standpoint, the energy
performance contracts are contractual obligations and therefore, do not affect the
City's Charter Debt nor do they require voter approval. These contracts are likewise
2
I I
not Constitutional Debt and therefore do not affect the authorized debt limit imposed
by the State Constitution. However, without further discussion with the rating
agencies, the contractual obligations would be initially included in the City's overall
net debt as calculated by the agencies.
B. Financial/Debt Policies
City Council has adopted guidelines for the management of general obligation debt
which the rating agencies have described as excellent management tools. These policy
limits and where the City currently stands (based on the City's most recent Official
Statement) are:
1) The total annual budgeted debt service for general government-supported debt
will not exceed 10% of general government budgeted expenditures.
2005 2006 2007 March 1,2008
Ratio of Annual Debt Service to
General Government 8.0% 8.0% 7.5% 7.4%
Expenditures
2) The general obligation net debt will not exceed 3.5% of assessed value.
2005 2006 2007 March 1.2008
Ratio of Debt to Assessed Value 2.6% 2.2% 2.0% 1.8%
3) The general obligation net debt per capita will not exceed $2,400 per capita.
2005 2006 2007 March 1,2008
Net Debt per Capita $1,894 $1,944 $2,200 $2,292
4) Total general obligation net debt per capita shall not exceed 6.5% of per capita
personal income.
2005 2006 2007 March 1, 2008
Ratio of Per Capita Debt to Per
Capita Income 4.9% 4.8% N/A N/A
As previously stated these energy performance contracts would be initially included in
the above ratios, by the rating agencies. It is uncertain whether the agencies would
change their positions at some future time as energy performance contracting becomes
more widely used. This will likely be determined through proven results.
3
I; I I I
From the City's perspective it should be noted that there is a precedent for debt with a
specified funding source to be treated separately. In 1995, City Council passed an
ordinance to create the Agricultural Reserve Program (ARP) whereby treasury strips
are purchased to serve as the source of repayment for the financing instrument known
as installment purchase agreement. The treasury strips are the guaranteed funding
source for the future repayment of the installment purchase agreement for development
rights. The rating agencies agreed this debt is not included in the City's debt
calculations since the debt has a funding source (treasury strips).
Energy performance contracts also have a guaranteed funding source in energy
savings, secured by a performance bond that is paid for by the contractor. This bond
can be called upon by the City if the agreed savings do not materialize.
C. Proposed Projects
If Council establishes a separate debt policy for energy performance contracts, two
capital projects would be established, one for the City and one for Schools, each for
$5 million. Virginia Beach Public Schools' energy audit has resulted in projects that
will involve lighting retrofits and occupancy sensors to provide the bulk of the energy
savings. HV AC replacements will also be included in some of the schools. There
are also some measures for water consumption reduction as a part of the overall
savings in the effort. In addition, some of the improvements are intended to serve as
teaching units for students.
The City's approach will be based on the results of a limited energy audit, and will
focus on many of the same type of improvements identified by the Schools. The
emphasis will be to invest in quick return, easily measurable energy performance
improving projects.
III. AL TERNA TIVES
1) Create a separate debt policy for energy performance contracting
Applying current standards, any financing arrangement used to pay for energy improvements
will be considered debt by the agencies. The creation of a separate debt policy for energy
improvement debt would demonstrate to the agencies our concern and awareness of this
unique financing, as follows. It would be staff intention that debt incurred specifically for
energy performance contracts not be included in the City's debt calculation. .
In this manner, the City would be recognizing the energy performance contracting program
as a unique undertaking that provides the City the opportunity to reap long term energy
savings by replacing older infrastructure, improving maintenance, and taking advantage of
new technology. The program utilizes a type of debt which is backed by the on-going savings
in energy costs and guaranteed by a required performance bond from the contractor.
4
I i
The City Council currently has no intention to employ performance contracting agreements
for any purpose in addition to the energy savings program.
To accomplish this, the City and Schools would use energy performance contracts in a
cautious approach, i.e., no more than $10 million over the next 2 years, shared equally
between City and Schools. By limiting the debt to $10 million, the City's debt per capita
ratio would only increase approximately $20 per capita. This would be in addition to the
existing policy for all other debt of $2400 per capita, and similar to the separate policy for
ARP. In addition, the hope is that as these contracts become more prevalent, and the results
more definitive, the rating agencies may exclude them from debt calculations given their
funding source.
2) Do not create a policy for energy performance contracting
Energy projects would have to compete with all other capital projects in the CIP for funding.
Given the Capital Improvement Plan for FY 2008-09, this would require reducing other
projects in the CIP or proposing very limited projects for energy performance savings.
Energy projects would also compete for maintenance and repair operational dollars and as is
the current procedure, only occurs as part of our routine replacement process.
IV. STAFF RECOMMENDATION
Alternative I: Council establish by ordinance two capital projects, one for the City and one
for the Schools for energy saving improvements that would be fmanced through
lease-purchase financing.
In addition, Council establish by ordinance a separate, limited debt policy for energy
performance contracting of up to $5 million each for City and Schools for a total not to exceed
$10 million. This authorization would be for capital projects involving energy improvements
that are secured by performance bonds. The ordinance should include authorization for the
City Manager to negotiate energy performance contracts, with savings secured by a
performance bond, in a form satisfactory to the City Attorney
Staff also recommends that this initiative be reevaluated during the budget process every two
years to examine the results. At that point the City may wish to increase or decrease the limit
for energy performance contracts used in both City and School projects. In addition, the rating
agencies may be more comfortable with these agreements and how they view this type of
contract.
The Director of Finance would investigate the opportunity to use low interest financing
provided by the Virginia Resources Authority.
5
, il
~tftu~ J. ~/ .~ / 2 S / DS
Prepared by: Matthew J. Bosse Date
Management and Budget Analyst
~&r- 5h?/b~
, .
Date
Debt & Financial Services Administrator
Reviewed by: ~ \l-"LJ~~OJ>b 5/;))(63
.tyrCatheryn R Whitesell Date
Director of Managem
5.. ci3-0g
Patricia A. Phillips Date
Director of Finance
~!,~~ 5./:< f/() ~
Farrell E. Hanzaker I Oate
hief Financial Ofti er, Schools 0/ :JJ/or
I Dale
D . Hansen ~'b ~~D"h
Date '
Chief of Finance & Technology
~~~ 5/z~/()i
frr
Leslie L. Lilley , Date
City Attorney
Approved by: ~ <)/'liJ/E18
Date
6
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- 16 -
C IT Y MANA G E R 'S B R IE FIN G
ENERGY PERFORMANCE CONTRACT
ITEM # 57672 (Continued)
The City Manager advised the Dominion Virginia Power Rate Increase notice was received the day after
the Operating Budget was sent to be printed. This rate increase equates to approximately a $2.5-
BILLION, hit commencing July First.
Council Lady Henley referenced mass transit. There is a mass transit already existing within the City
totally free to the users.' the school bus system. Have the schools given any thought to developing an
encouragement program for the high school students to understand the benefit gained if they rode the buses
instead of driving their individual cars? An environmental benefit would be realized.
John S. Kalocay, Assistant Superintendent - Virginia Beach City Schools, believes because of the cost of
fuel, the parents will also encourage the students to ride the buses. This concept will be reviewed.
Councilman Diezel inquired re data concerning the wind powered turbine, the cost associated and the
return generated.
June 3, 2008
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CITY COUNCIL LIAISONREPORTS
4:00 P.M.
ITEM # 57673
Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the
record. Three (3) Projects were highlighted:
InSITE - Human Resources Payroll System - CIP 3-280
MDT (Mobile Data Terminal) Replacement - CIP 3-281
Enterprise Interactive Voice Recognition (IVR) System
The InSITE - Human Resources Payroll System - CIP 3-280 ($10,223,061) is projected to be on-line
January 1, 2009.
The first "Proof of Concept" sessions were held the week of May 19, 2008. The objective of the sessions
was to demonstrate End-to-End Business processes to the primary department process owners and attain
final confirmation and acceptance of the process flow and content. The hiring, benefit enrollment, time
entry, and payroll processes were reviewed using a representative sample of the different types of
members that workfor the City.
Future Related Activities
Phase 1
July: Testing of individual components of the new system will be done in July and all
business requirements will be frozen at that time
August - September: System integration and payroll testing (testing how the system
interacts with other systems that receive data from the new system and payroll
processing)
October - November: Training
January 1, 2009: New system launch
Phase 2
January 2009 - July 2009.' Employee training/learning management online candidate
recruitment and member self service modules implemented.
June 3, 2008
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CITY COUNCIL LIAISONREPOR TS
ITEM # 57673 (Continued)
The MDT (Mobile Data Terminal) Replacement CIP 3-281 ($5,000,000)
are located in all Public Safety vehicles.
Four hundred and twenty-one (421) MDT's deployed, with five MDT deployments remaining awaiting
delivery of replacement vehicles (3 Fire Department, 2 Police Department). The Project is complete.
Future Related Activities
Deployment of Automatic Vehicle Location (A VL) Application in the 9-1-1 Center
Phase 1 Line of Site Routing in development
Projected Launch Date - January 2009
Deployment of the Quick Voice Application of Police MDTs
Project in chartering phase
Deployment of In-Vehicle Mapping in all Public Safety Vehicles
Project approved in FY 09-FY 14 CIP
Project will follow completion of A VL project
Deployment of Microsoft Desktop Suite on Police MDTS
Project approved in FY 09-FY 14 CIP
Enterprise Interactive Voce Recognition (IVR) System
($121,000 Public Utilities, $236,000 Enterprise)
Implement new Interactive Voice Response System (IVR). IVR is a phone technology that allows a
compute to detect voice and touch tones form a phone call. The IVR system responds with prerecorded or
dynamically generated audio to further direct callers on how to proceed.
Present Status
The IVR production environment was established in late March and the applications supporting Public
Utilities were moved into production on March 31, 2008.
Since the Public Utilities system launched on March 31:
average wait time has dropped 56% (to 1.5 minutes)
abandoned calls havefallen by nearly 60% (to 8.8%)
Future Related Activities
Public Utilities/Public Works Business Call Recording
Public Utilities Virtual Hold
June 3, 2008
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CITY COUNCIL LIAISON REPORTS
ITEM # 57673 (Continued)
Council Members DeSteph and Wood, Liaisons to the Virginia Aquarium and Marine Science Center,
distributed the latest status report, which is herby made a part of the record.
Project Budget:
Two contracts with the W.M Jordan Company; City contract of$12.6-MILLION for
general construction; Aquarium Foundation contract of $6.1-MILLION for the exhibits
and habitats.
Contractor payments to-date: $9.5-MILLION for City Contract (75% complete)
$1,795,000 for Foundation Contract (29% complete)
City Contingency fund expenditure to date:
Remaining contingency fund:
$368,312
$947,876
Schedule
City contract issued April 25, 2007, for 16-month construction period to August 17, 2008; most
recent schedule from contractor shows work completed by mid-October 2008
Foundation Contract issued June 13, 2007, with contract completion December 15, 2008; most
recent schedule from contractor shows work completed by December 15, 2008
June 3, 2008
I I I
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CITY COUNCIL COMMENTS
4:10 P.M.
ITEM # 57674
Mayor Oberndorf advised Governor Tim Kaine has scheduled a Transportation Town Hall Meeting for
tonight, Tuesday, June 3, 2008, 6:30 P.M, to convene at the Virginia Beach Convention Center.
Mayor Oberndorf has been invited to introduce Governor Kaine and has requested Vice Mayor Jones to
conduct the Formal Session.
ITEM # 57675
Mayor Oberndorf referenced a proposed Resolution to be ADDED to the Agenda:
Resolution in support of the proposal by BON SECOURS HAMPTON ROADS
HEALTH SYSTEM to construct an Acute Care Hospital in Virginia Beach as part of the
Princess Anne Corridor Plans (DISTRICT 7 - PRINCESS ANNE)
Council Lady Henley expressed concern as she was under the impression the City Council did not want to
favor individual hospitals. Council Lady Henley referenced requests received from Children's Hospital
of the Kings Daughters (CHKD) refundingfrom the City,
ITEM # 57676
Councilman Wood distributed newspaper articles entitled:
"Guiding the way when seconds count - Navigation and vehicle locator systems offer
valuable tools to first responders" May 20, 2008, USA TODA Y
*Virginia Looks to Other States' Inmates Plan is to Rent Space, Despite Crowded
Jails" June 1,2008, THE WASHINGTON POST.
* This article states that at least one Sheriff (Virginia Beach) has threatened to sue the State if Governor
Timothy M Kaine does not take action this week.
Said articles are hereby made a part of the record.
ITEM # 57677
Mayor Oberndorf and Jim Ricketts, Director of Convention and Visitors Bureau, were invited to
participate in the Redskins Program Radio Station. It was interesting listening to the questions from fans
re their Summer travel plans. Many of the young men who called in are under the impression that the City
is taking down the basketball courts and nets. Mayor Oberndorf informed them she was not aware of this.
Cindy Curtis, Director of Parks and Recreation, advised some of the neighborhoods have requested the
basketball goals be removed, because of activities which caused them concern. Also. there have been
neighborhoods which requested basketball courts andfacilities be installed.
June 3, 2008
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- 21 -
AGE N DA REV IE W S E S S ION
4:13 P.M.
ITEM # 57678
1.3. Ordinance to AUTHORIZE the transfer of$292, 790 from
Operating to Capital Outlay accounts within the FY 2007-08
Operating Budget of Parks and Recreation re purchase
equipment for each recreation center.
Council Lady Henley expressed concern and requested the source of the funding be explained. Council
Lady Henley was astounded re the declining memberships and use of the Recreation Center. Perhaps this
might be the source offundingfor the new Bayside Recreation Center.
Cindy Curtis, Director of Parks and Recreation, advised the Referendum Funding is dedicated to paying
off debt service, providing for operations, maintenance and capital equipment of the Recreation facilities.
This funding is completely designated towards replacing capital equipment that encourages individuals to
utilize the facilities. Based on the survey and discussion re the Strategic Planning Process, the citizens
have informed the City the pools have become boring as they are not family-oriented. Examples of
improvements were stipulated. At the Bow Creek Recreation Center, there will be the addition of an
inflatable waterslide, an aquatics chair lift for handicapped individuals to access the pool and a climbing
wall in the children's area to fight obesity Maintenance of the Recreation Centers was included in the
Referendum re recreation centers.
Information shall be provided re the annual operating costs of each Recreation Center. Council Lady
Henley wishes to review the funding mechanism in the Referendum
Council Lady McClanan expressed concerns when the Bonds are paid off on these Recreation Centers,
the decisions on the expenditures of funds should be the City Councils. This item should be discussed
thoroughly.
The City Manager shall provide data relative the Recreation Center Referenda.
ITEM # 57679
Councilman Villanueva requested Reconsideration be SCHEDULED and ADDED to the Agenda.'
Reconsideration of Application of NIMMO CIHLDCARE and RESOURCE
LEARNING CENTER, INC. for Modification of Conditions approved by City
Council on November 23, 1993 and denied May 6, 2008 (DISTRICT 7 -
PRINCESS ANNE)
ITEM # 57680
Councilman DeSteph distributed;
Resolution AUTHORIZING changes to the Health Care Coverage available to active
and retired employees
A Briefing shall be provided to City Council on June 10, 2008, with the Resolution scheduled for June
24, 2008.
Ordinance to ADD City Code Section 21-322.1 pertaining to Veterans Parking Exemption.
This Ordinance shall be schedule for the City Council Session of June 10, 2008.
June 3,2008
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AGE N DA REV IE W S E S S ION
ITEM # 57681
BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
1. ORDINANCES
1. Ordinance to AMEND Section 23-2.1 of the City Code re
curfews after declarations of emergency to correct a
typographical error.
2. Ordinance to A UTHORIZE the acquisition of property for
$13,000 at Lakeside, Locust Crescent, from Francis E. Haley.
Jr., Inc.; and, AUTHORIZE the City Manger to execute all
documents (DISTRICT 4- BA YSIDE)
3. Ordinance to A UTHORIZE the transfer of $292,790 from
Operating to Capital Outlay accounts within the FY 2007-08
Operating Budget of Parks and Recreation re purchase
equipment for each recreation center.
Item 1.3 shall be DEFERRED, BY CONSENT, until the City Council Session of June 10,2008.
June 3, 2008
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- 23 -
ITEM # 57682
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A}(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2,2-3711 (A}(3).
Rudee Loop
Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed
into CLOSED SESSION at 4:50 P.M.
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A.
Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer, John E. Uhrin and Rosemary Wilson
(Closed Session: 4:50 P.M. - 5:30 P.M.)
(Break: 4:51 P.M. - 4:58 P.M.
(Dinner: 5:30 P.M. - 5:55 P.M.)
June 3,2008
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FORMALSESSION
VIRGINIA BEACH CITY COUNCIL
June 3, 2008
Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 3, 2008, at 6:00 P.M
Council Members Present:
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 Absent:
Mayor Meyera E. Oberndorf [Introducing Governor Kaine at the
Transportation Town Meeting]
Rosemary Wilson
[Family Vacation out of Co un tryJ
INVOCA TION: Reverend E. Ray Cox, Sr.
New Hope Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On
March 3], 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifYing any matters in which he might have an actual or potential
conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April] 0, 2007, is hereby made a part of the
record.
June 3, 2008
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Item V-Eo
CERTIFICATION OF CLOSED SESSION
ITEM # 57683
Upon motion by Councilman Wood, seconded by Councilman DeSteph, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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 Abstaining:
Robert M Dyer
Council Members Absent:
Mayor Meyera E. Oberndorf and Rosemary Wilson
Councilman Dyer ABSTAINED, as he did not attend the Closed Session. He was taking his mother to the
physician.
June 3, 2008
I I
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 57682, Page 23, and in accordance with the provisions of The
Virginia Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW; THEREFORE, BE IT RESOL VED: 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.
~
City Clerk
June 3, 2008
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- 26-
Item V-F.]
ITEM # 57684
Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of May 27,2008.
Voting: 9-0
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. Oberndorf and Rosemary Wilson
June 3, 2008
I I I
- 27 -
Item V-G.
PRESENTATION
ITEM 57685
Vice Mayor Jones RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for
Citizenship in the Community:
Boy Scout Troop 378
Virginia Beach United Methodist Church
Christopher Hanley
Boy Scout Troop 79
Fort Story
Nigal Shank
Reid Bixler
Vice Mayor Jones presented each Scout with a City Seal pin.
Vice Mayor Jones also recognized students from the Princess Anne High School Government Class
who were in attendance.
June 3, 2008
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Item V-G.]
ADOPTAGENDA
FOR FORMAL SESSION
ITEM # 57686
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Resolution in support of the proposal by BON SECOURS HAMPTON ROADS
HEALTH SYSTEM to construct an Acute Care Hospital in Virginia Beach as part of the
Princess Anne Corridor Plans (DISTRICT 7 - PRINCESS ANNE)
Reconsideration of Application of NIMMO CIHLDCARE and RESOURCE
LEARNING CENTER, INC. for Modification of Conditions approve,d by City
Council on November 23, 1993 and denied May 6, 2008 (DISTRICT 7 -
PRINCESS ANNE)
June 3, 2008
,I i
- 29-
Item V-G.2
ADD-ON
ITEM # 57687
Upon motion by Councilman Villanueva, seconded by Councilman DeSteph, City Council ADDED and
SCHEDULED for the City Council Session of July 8, 2008:
Reconsideration of Application of NIMMO CIHLDCARE and
RESOURCE LEARNING CENTER, INC. for Modification of
Conditions approved by City Council on November 23, 1993 and denied
May 6, 2008 (DISTRICT 7 - PRINCESS ANNE
Voting: 7-2
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva and
James L. Wood
Council Members Voting Nay:
Barbara M Henley and Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf and Rosemary Wilson
June 3, 2008
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- 30 -
Item V-G.3.
ADD-ON
ITEM # 57688
Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council ADDED to the
Agenda which shall be Item 4. of the Consent Agenda:
Resolution in support of the proposal by BON SECOURS HAMPTON
ROADS HEALTH SYSTEM to construct an Acute Care Hospital in
Virginia Beach as part of the Princess Anne Corridor Plans (DISTRICT
7 - PRINCESS ANNE)
Voting: 9-0
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. Oberndorf and Rosemary Wilson
June 3, 2008
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Item V-I.
ORDINANCES
ITEM 57689
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1, 2, 3 (DEFERRED), and 4 (ADD-ON) of the CONSENT AGENDA.
Item 3 (Capital Equipment / Recreation Center) shall be DEFERRED until the City Council Session of
June 10, 2008)
Voting:
9-0 (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. Oberndorf and Rosemary Wilson
June 3, 2008
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Item V-I.I.
ORDINANCES
ITEM 57690
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AMEND Section 23-2.1 of the City Code re curfews
after declarations of emergency to correct a typographical error
Voting:
9-0 (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. Oberndorf and Rosemary Wilson
June 3, 2008
,I I
1 AN ORDINANCE TO AMEND SECTION 23-
2 2.1 OF THE CITY CODE PERTAINING TO
3 CURFEWS AFTER DECLARATIONS OF
4 EMERGENCY
5
6 SECTION AMENDED: ~ 23-2.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 23-2.1 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 23-2.1. Curfews after declarations of emergency.
15
16 (a) Pursuant to the police powers granted to the city by Virginia Code section
17 15.2-11 05~, and in the interest of promoting public safety, the city manager or his
18 designee is hereby authorized to impose a curfew after the declaration of an
19 emergency, in accordance with the provisions of this section.
20
21
22
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd day
of June, 2008.
i I I
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Item V-I.2.
ORDINANCES
ITEM 57691
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the acquisition of property for $13,000 at
Lakeside, Locust Crescent, from Francis E. Haley, Jr., Inc.; and,
AUTHORIZE the City Manager to execute all documents (DISTRICT 4
- BA YSIDE)
Voting:
9-0 (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. Oberndorf and Rosemary Wilson
June 3, 2008
1
2
3
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7
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9
10
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23
24
25
26
27
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31
32
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35
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37
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39
40
AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF APPROXIMATELY .057
ACRES /2,482 SQ. FT. OF REAL PROPERTY
KNOWN AS LOT 32, BLOCK 2, LAKESIDE,
LOCUST CRESCENT, FOR $13,000 FROM
FRANCIS E. HALEY, JR., INC.
WHEREAS, Francis E. Haley, Jr,. Inc., a Virginia corporation ("Haley") owns Lot 32,
Block 2, Lakeside, Bayside District, GPIN 1469-52-7336 (the "Property");
WHEREAS, Haley desires to sell the Property to the City of Virginia Beach (the
"City");
WHEREAS, the City's Open Space Subcommittee has identified the Property as a
parcel to be considered for acquisition as part of the City's Open Space initiative and has
recommended that the Property be acquired for such purposes;
WHEREAS, the City Council of the City of Virginia Beach, Virginia is of the opinion
that the acquisition of the Property would further the City's Open Space initiative;
WHEREAS, funding for this acquisition is available in the Open Space Acquisition
CIP account (CIP 4-004).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1 . That the City Council authorizes the acquisition of the Property by purchase
pursuant to 9 15.2-1800 of the Code of Virginia (1950), as amended, which Property is
generally identified as GPIN 1469-52-7336 and shown as Lot 32, Block 2, Map of Lakeside
(MB3, PG171), as shown on Exhibit A attached hereto.
2. That the City Manager or his designee is further authorized to execute all
documents that may be necessary or appropriate in connection with the purchase of the
Property, so long as such documents are 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.
J1lne
Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd
,2008.
day of
CA-10568
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SUMMARY OF TERMS
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
APPROXIMATELY .057 ACRES / 2,482 SQ. FT. OF REAL PROPERTY
KNOWN AS LOT 32, BLOCK 2, LAKESIDE, LOCUST CRESCENT,
FOR $13,000 FROM FRANCIS E. HALEY, JR, INC.
PROPERTY
SIZE AND
LOCATION:
.057 acres/2,482 sq. ft. of real property known as Lot 23, Block 2, Lakeside,
Locust Crescent, GPIN: 1469-52-7336, located in the Bayside District
SELLER:
Francis E. Haley, Jr., Inc., a Virginia corporation
BUYER:
City of Virginia Beach
ZONING:
R-20
AICUZ:
<65
SALE PRICE:
$13,000 at Settlement by check.
SOURCE OF
FUNDS:
CIP4-004 - Open Space Program Site Acquisition Project
SETTLEMENT
DATE:
On or before thirty (30) days after acquisition is authorized by City Council.
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 pay the grantor's tax and its own attorney's fees and costs.
. City shall bear all other costs of closing.
V:I.pplic.tionslcitylawprodlcycom321 Wpdocs\D021 IP00310005 760 I.DOC
II i
- 34 -
Item V-L3.
ORDINANCES
ITEM 57692
Upon motion by Councilman Wood, seconded by Councilman Dyer. City Council DEFERRED until the
City Council Session 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
equipmentfor each recreation center
Voting:
9-0 (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. Oberndorf and Rosemary Wilson
June 3, 2008
II I
- 35 -
Item V-I.4.
ORDINANCES
ITEM 57693
ADDED
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED:
Resolution in support of the proposal by BON SECOURS HAMPTON
ROADS HEALTH SYSTEM to construct an Acute Care Hospital in
Virginia Beach as part of the Princess Anne Corridor Plans (DISTRICT
7 - PRINCESS ANNE)
Voting:
9-0 (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. Oberndorf and Rosemary Wilson
June 3, 2008
i I I
1 A RESOLUTION IN SUPPORT OF THE PROPOSAL BY
2 BON SECOURS HAMPTON ROADS HEALTH SYSTEM TO
3 CONSTRUCT AN ACUTE CARE HOSPITAL IN THE CITY
4 OF VIRGINIA BEACH AS PART OF THE PRINCESS ANNE
5 CORRIDOR PLANS
6
7 WHEREAS, the Bon Secours Hampton Roads Health System has made a strong
8 commitment to provide health care services to the citizens of Virginia Beach through
9 construction of the Bon Secours Hospital & Health Center at Virginia Beach; and
10
11 WHEREAS, the Bon Secours Hampton Roads Health System employs hundreds
12 of Virginia Beach residents, and cares for thousands of patients from Virginia Beach
13 every year; and
14
15 WHEREAS, the Bon Secours Hampton Roads Health System has proposed an
16 acute care hospital to be developed adjacent to its current outpatient campus in South-
17 Central Virginia Beach; and
18
19 WHEREAS, the City of Virginia Beach is the largest city in the Commonwealth of
20 Virginia with regard to population, with a projected population of 464,252 by 2011; and
21
22 WHEREAS, much of that growth is now and will be concentrated in southern
23 Virginia Beach, and will include the Town Center of Virginia Beach, a major
24 development, spanning 17 city blocks and accommodating 4.3 million square feet of
25 mixed-use space, which, at full capacity, is designed to have a living and working
26 population of over 24,000; and
27
28 WHEREAS, adequate and accessible medical care is critical to the well-being of
29 current and future Virginia Beach residents; and
30
31 WHEREAS, the Bon Secours proposal will ensure that Virginia Beach residents
32 now and in the future will have access to quality inpatient and outpatient care in the
33 south-central part of the City; and
34
35 WHEREAS, the Bon Secours acute care hospital proposal enVISions an
36 ownership structure which will mean significant new tax revenue and additional jobs for
37 the City; and
38
39 WHEREAS, the Bon Secours acute care hospital will provide a choice of
40 inpatient health care providers in Virginia Beach; and
41
42 WHEREAS, this project will be of great benefit to our community.
43
44 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
45 VIRGINIA BEACH, VIRGINIA:
46
47 That the City Council, on behalf of the residents of Virginia Beach, lends is full
48 support to the acute care hospital project proposed by Bon Secours for Princess Anne
49 and the surrounding communities of southern Virginia Beach, and strongly urges the
50 State Health Commissioner's office to grant the Certificates of Public Need requested
51 by Bon Secours.
52
53 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
54 BEACH, VIRGINIA:
55
56 That the City Clerk is hereby directed to transmit a copy of this resolution to the
57 Virginia Health Commissioner, the Governor, and each member of the City's local
58 Delegation to the General Assembly.
59
60 Adopted by the City Council of the City of Virginia Beach, Virginia, this 3rd
61 day of J1lr:le ' 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
w~
City Attorney's Office
CA10724
R-4
June 3, 2008
'I I
- 36 -
Item J.1.
APPOINTMENTS
ITEM #57694
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BEACHES AND WATERWAYS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
HISTORIC PRESERVATION COMMISSION
OPEN SPACE ADVISORY COMMITTEE
i I I
June 3, 2008
- 37 -
Item J.2.
APPOINTMENTS
ITEM #57695
Upon NOMINATION by Council Lady McClanan, City Council APPOINTED:
Jay Vegara
Unexpired term to 3/31/2011
ARTS and HUMANITIES COMMISSION
Voting: 9-0
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,
Mayor Meyera E. Oberndorf John E. Uhrin and Ron A. Villanueva
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson and James L. Wood
,I i
June 3, 2008
- 38 -
Item V-M
ADJOURNMENT
ITEM # 57696
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:16 P.M.
~___~.o-L~_~
-;~:~;?! Hooks, CMC
Chief Deputy City Clerk
(?=-:4~
~ges Fraser, MMC
City Clerk
t&~;I{t4.L~_
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 6:30 P.M.
June 3, 2008
'II
- 39 -
PUBLIC COMMENT
Carolyn Akers, 4132 Country Club Circle, Phone.' 464-4477, spoke re recycling of batteries and
distributed information re Household Hazardous Waste Disposal, which will be made a part of the
record. The City Council DEFERRED consideration of depositories for used and expired batteries to
the City Manager for recommendation.
Richard L. Yount, 3407 Norfeld Circle, Phone; 368-0505, President - Atlantic Coast Cab Company, Inc.
Mr. Yount requested a rate increase due to the risingfuel prices. Mr. Yount distributed information re
the cost of fuel, which is hereby made a part of the record. City Council did not believe an increase in
the rates should be considered at this time; however, City Council referred Mr Yount's concern to the
City Manager for recommendation. Perhaps, a surcharge could be established to cover the increased
cost of fuel.
June 3, 2008