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MAY 22, 2012 MINUTES
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLLIMD. SESSOMS, JR., At -Loge VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Lenge HARRY E. DIEZEL, Kentpsville -District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN D. MOSS, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, L nnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER —JAMES K. SPORE CITYATTORNF.Y— MARK D. STILES CITYASSESSOR — JERALD D. BANAGAN CITYAUDITOR—LYNDONS. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 22 MAY 2012 CITY HALL BUILD/ 2401 COURTHOUSE DR, VIRGINIA BEACH, VIRGINIA 23456-8 PHONE: (757) 385-4. FAX (75 7) 385-5 E-MAIL: Ctvcnclna,vbQov.c I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:00 PM A. HILLTOP SGA MASTER PLAN Paul Ostergaard, Senior Vice President — Urban Design Associates B. VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION Mac Rawls - Chairman C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kevin Milcarek Pastor Back Bay Christian Assembly of God C. PLEDGE OF ALLEGIANCE D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. MAYOR'S PRESENTATIONS 1. PETITION TO INCREASE DUI ENFORCEMENT and AWARENESS Melissa Gatchalian, Senior Class President — Salem High School 2. "TOGETHER WE CAN FOUNDATION: MAKE A DIFFERENCE DAY" Virginia "Ginny" Diezel Dr. Terry Jenkins H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY — Farmers Market a. Uncle Chuck's Seafood b. Poppin' Kettle Corn C. The Garden Box 2. JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT - Allocation 6:00 PM May 8, 2012 11 ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 5-401 re fees for impoundment of animals b. Section 6-5 re animals on the beach and adjacent areas C. Section 27-5.1 re burglar alarm permits d. Sections 34-3, 34-5, 34-7, 34-11, 34-28, 34-33, 34-36, 34-41 and 34-45 and ADD Sections 34-12 and 34-28.1 re swimming pools at condominiums e. Section 211(b)(2) of the City Zoning Ordinance re temporary commercial signs 2. Ordinances to ACCEPT, APROPRIATE and TRANSFER: a. $4,293,826 from the Federal Emergency Management Agency (FEMA) and $1,030,516 from the Virginia Department of Emergency Management as reimbursement of costs resulting from Hurricane Irene b. Forgive the remaining $39,000 balance of an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. C. $150,000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of an ambulance d. $150,000 from the Fund Balance of the Sheriff's Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Sheriff e. $33,680 from the Oyster Heritage Trust Fund to the FY 2011-12 Operating Budget to Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continue the Oyster Shell Recycling Program f. $5,000 from the Tree Restoration — Shore Drive Area Trust Fund to the FY 2011- 12 Operating Budget of Planning and Community Development re increasing maritime forest habitat and to continue and expand the pilot live oak program 3. Ordinances/Resolution to AUTHORIZE the City Manager to EXECUTE: a. Three-year Leases of City -Owned property at the Virginia Beach Farmers Market: 1) Charles Macin d/b/a Uncle Chuck's Seafood 2) Chuck Beeson d/b/a/ Keep It Poppin' Kettle Corn 3) FLS Corporation d/b/a/ The Garden Box b. Acquisition of the 30 -foot wide strip of land adjacent to the former Norfolk Southern right-of-way between Independence Boulevard and Thalia Creek C. Participation in a STUDY of Regionalization of Sanitary Sewer Service and Assets 4. Ordinance to TRANSFER funds between major classifications within the FY 2011-12 School Operating Budget: a. $872,008 from Instruction to Technology b. $ 60,000 from Operations and Maintenance to Technology C. $258,000 from Instruction Classification to Pupil Transportation 5. Resolution to formally RE -ADOPT the revised Virginia Beach Emergency Operations Plan 6. Resolution for a Plan of Financing and Bond Refunding with the Development Authority re various public facilities and AUTHORIZE the execution and delivery of same K. PLANNING 1. Application of CHESTER DAVIS and CHRISTINE W. RUDOLF for the closure of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 13, 805 Vanderbilt Avenue, Croatan Beach DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of SCOTT OVERTON for a Conditional Use Permit re a home occupation (firearm sales) at 2325 Litchfield Way DISTRICT 7 - PRINCESS ANNE STAFF'S RECOMMENDATION APPROVAL PLANNING COMMISSION RECOMMENDATION DENIAL 3. Application of NCC DEVELOPMENT, LLC/FULTON BANK for a Conditional Use Permit re a car wash/auto repair at 1525 General Booth DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 4. Application of BURNETTE DEVELOPMENT, LLC/ABCS INVESTMENT GROUP, LLC for a Conditional Use Permit re a mini-warehouse/self storage at 965 South Oriole Drive DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 5. Application of POINT TO POINT/DIAMOND SPRINGS SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re truck rentals at 1270 Diamond Springs Road DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of CHRISTY DEVORE-HOLLAND for a Modification of Conditions attached to a Conditional Use Permit (approved by City Council on October 17, 1969) re a mobile home park at 1217 Hawk Avenue DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 7. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Modification of a Conditional Change of Zoning [Proffer No. 3] (approved by City Council on June 13, 2006) at Princess Anne Road and 2117 Locksley Arch DISTRICT 7 — PRINCESS ANNE RECOMMENDATION L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ":• CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Agenda 05/22/2012gw Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 22, 2012 Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFINGS re HILLTOP SGA MASTER PLAN, in the City Council Conference Room, Tuesday, May 22, 2012, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph„ Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: Harry E. Diezel and John D. Moss May 22, 2012 -z - CITY MANAGER'S BRIEFING HILLTOP SGA MASTER PLAN 3:00 P.M. ITEM #61878 Mayor Sessoms introduced Jack Whitney, Director, Planning. Mr. Whitney is very pleased with the development of this Strategic Growth Area (SGA). Mr. Whitney introduced Paul Ostergaard, Executive Vice -President, Urban Design Associates. Mr. Ostergaard presented a summary of the work that has been done with the Hilltop SGA which is the last of the SGA studies. Most of the recommendations address the commercially zoned properties. The citizens and Staff that participated in the process were asked three questions: 1. What are the strengths? 2. What are the weaknesses? 3. What are the opportunities? Hilltop is in great location with important institutions in Hilltop. The quality of retail shopping in considered to be the best in the Tidewater Region. The land use is appreciated but there are challenges with the roads and congestion. Properties are underutilized. The Design Principles identified in the Analysis phase of the Public Planning Process: • Build a network of streets to improve traffic flow • Provide trails and sidewalks for pedestrians and cyclists • Provide a mix of retail, restaurants, and office uses • Build an existing health care, food, and adjacent recreational assets • Match quality of local businesses with equally memorable built setting • Improve multi -modal connections from the adjacent neighborhoods • Provide additional transit connections to Hilltop • Comply with AICUZ land use zoning requirements • Reduce land areas devoted to parking and replace with more productive uses • Revisit and update old plans for roads and infrastructure improvements There is tremendous congestion in Hilltop. VDOT plans to turn Laskin Road into an eight (8) lane road. This SGA recommends six (6) lanes on Laskin Road. There is a need for transit in this SGA. Put transit into the heart of Hilltop and every retailer is accessible within a five minute walk. This would result in higher ridership with Resort guests to get on LightRail to get to Hilltop and the Team feels this would benefit in a big way. The Plan includes an expansion of open space through an interconnected system of parks and trails. Almost 213 of the land in Hilltop is streets and parking lots. The Plan includes the reduction of pavement and increased green zones. Hilltop will be more urban and pedestrian friendly. The key is to protect viability of this area so market appeal increases. There is a public meeting tonight at Linkhorn Elementary School. The Mayor thanked Mr. Ostergaard and the entire Team for all of their hard work. 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ITEM #61879 Mayor Sessoms introduced Mac Rawls, Chairman of the Virginia Beach Historic Preservation Commission. Mr. Rawls thanked City Council for their support. He will be providing an overview of the Commission's work. Historic Preservation Progress Report to City Council May 22, 2012 Virginia Beach Historic Preservation Commission Chair: Mac Rawls Vice Chair: Bernice Pope, Secretary: Gerald Cox, Treasurer: Bill Gambrell Members: Dr. Glenn Carwell, Gary Fentress, Harriet Frenzel, Edna Hendrix, Diane Horsley, Marianne Littel Lee Lockamy, Patrick McAtamney, Henry Pearson, Anne Ferrell Tata During this past year, the Commission had an offer to lease the Buffington House. The Christmas Tour was a great success again this year with over 400 tickets sold. In November 2011, the Commission held the third annual Public Input meeting which was attended by approximately 100 citizens. The Commission ranked its priorities. And lastly, state legislation was passed that allows for owners of properties listed in the State's Historical Register to receive tax abatement. What Has Been Concluded: • Buffington House • Christmas Tour • Public Meeting • Historical Structure Property Tax Abatements May 22, 2012 -4 - CITY MANAGER'S BRIEFING VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION ITEM #61879(Continued) The Commission is currently working on the Historic Kempsville Development Plan, the Restoration of Virginia Beach Historical Register and the Historic Homes Inventory. What is in Process • Historic Kempsville Development Plan • Restoration of VB Historical Register • Historic House Inventory The Commission recommends, for this next year, development of Historic Overlay Districts, hosting the 2012 Christmas Tour, developing Historic Easements and forming a committee to study the needs and explore a more historical use of the Princess Anne County Courthouse. What is Proposed • Historic Overlay Districts • 2012 Christmas Tour • Historic Easements • Princess Anne Courthouse May 22, 2012 -5 - CITY MANAGER'S BRIEFING VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION ITEM #61879(Continued) What We Need from City Council • Code Amendment • Staff Support The Commission requests a Code Amendment and additional staff support. What We Need from City Council Code Amendment • As the Commission continues to find its way as to how it can best serve historic preservation in the city, it becomes clear that this could benefit from more definition, as suggested below: Staff Su 000 rt • Due to budget cuts, the Commission has been faced with possible curtailment of certain basic staffservices it needs to operate. The Commission requests Council to provide additional funding if possible to assure for: — recording of meeting minutes and proceedings — initial listing and continued updating of a VB Historic Preservation website — occasional technical support in terms of related zoning and code provisions Respectfully Submitted: Mac Rawls, Chair Virginia Beach Historic Preservation Commission The Mayor thanked Mr. Rawls and the entire Commission for their hard work. May 22, 2012 i. CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 4:00 P.M. ITEM #61880 Mayor Sessoms, called to order the CITYMANAGER'S BRIEFING, re the INTERIM FINANCIAL STATEMENT. City Manager James Spore introduced Patricia Phillips, Director of Finance. Ms. Phillips recognized her Staff. Overview 10 Months FY12 General Fund Revenues FY12 General Fund Expenditures Next Steps May 22, 2012 -7 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) The General Fund has budgeted Revenue for the Fiscal Year 2012 of $951.9 -Million and Expenditures of $1,005.4 -Billion. Collected to date, the Revenues are $570.4 -Million and Expenditures are $832.6 - Million. FY 2012 General Fund Revenues and Expenditures Compared to Budget Thru April 30, 2012 (in millions) Annual YTD Budtte Actual Variance Revenues Localofbudget) $ 767"7 $ 462.8 $ (304.9) State (17. 1 % of budget) 162.4 90.5 (71.9) Fed a -rad ( 2.3% ofbudget) 21.8 17.1 (4.7) Total Revenues $ 951.9 S 570.4 $ (381.5) Expenditures/Encumbrances City Operatlons $ 600.4 $ 495.2 $ 105.2 City Capital Prgjects 35.3 29.3 6.0 School OP -11-'s365.6 3047 60.9 School' Capital Projects 4.1 3A 0.7 Total Expenditures/Encumbrances $ 1.0115.4 $ 832.6 $ 172.8 Lesm s Amounts Funded front froFund Balance Outstanding Encumbrance at C130111 $ 8.0 Approved Carryover Acquests 1.4 City Capital Projects 26.4 City Operating Budget 6.2 Tratsf,r to School Reserve Fund 11.5 Adjusted Expenditures/Encumbrances $ 951.9 Revenues do not come in equally. Revenues are at 59.9% of the estimated Revenues Budget. FY 2012 Year -To -Gate General Fund Revenues Compared to Historic Trend at April 30, 2012 ao% I YTD ACTUAL = $570AM s F° 74.6 ANNUAL BUDGET= $951.94 u 60% __ .. ._ _._ -. - SG7'r _ - Z 511.2% 58.4% F° 42S% ® 48.8% 40% 44.7% - 41.7 d 261% 26.0% 20% 4.4% 8.3% 13.6% 1.7% 9.1 0% T 3.7% Sul Aug Sep Oet Nov Dec Jan Feb Mar Apr May tun Trtm-7+--fn--Nudgct 4 May 22, 2012 -8 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) One of the most significant Revenues for the City is Real Estate and the City is at 53.35% of collections. May 22, 2012 -9 - CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) The Personal Property Annual Tax is due June S, 2012. Historically, this Revenue has been difficult to predict. The Commissioner of the Revenue's preliminary indications are that the City could be very close to making this budget. General Sales Tax is up by 3.68%from last year at this time. May 22, 2012 -10 - CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) General Sales Taxes % Change from FY11 to FY12 (compares to same month of prior year) 100% ___ 7.4% d3% zor. 7._. .. _. 23% 1 5� 0.8% 1 0% , 5% —. A.0% _.. fi0% e�0^ ��� P°�, .�,,, )°?,,,�P°),,, Pte,,• y�Q,,n �s�, �'�,,, 0�4,,• )P?� ��0, ��, PQp, `may. * Collew- lag sales by 2 months —.thy%Chan9ehom PY May 22, 2012 -11- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) The City continues to do well with this tax which is a good sign that the Resort Area and hotels are doing well overall. May 22, 2012 -12 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) Hotel Roam Taxes 8% Allocation (in millions) Total Hotel Room Tax FY 12 Budget = $25.1 M CBDTIF receives $500 (. —..!,111.1 and'I ®GF 2% ■ CBD TIF ■ TAP 1%1$1 OTIP5% SB $1 Tax = 8% plus $1 room nights ;D has an additional 2 K % tax May 22, 2012 -13 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) The City continues to do well with this tax and fully expects to make budget. May 22, 2012 -14 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) Restaurant Meal Taxes 5 Y% Allocation (in millions) Total Restaurant Meal Tax FY12 Budget = $51.8M Most of the City's General Fund Revenues are right "on track". ®CF 3.5 Y TAP 0.5 ❑TIP 1.06 ■ OS 0.44 - Summary of City's General Fund Revenues April 30# 2012 (in millions) FY 2012" YTD Budget '. $ % Trend * Real Estate Taxes $ 421.8 $ 224.8 53.3 % A Personal Property Taxes 70.3 22.9 32.6 A Pers. Prop. Tax Relief Act 53.4 6.5 12.2 A g General Sales Tax 53.0 40.0 75.5 F Utility Taxes 25.5 19.4 75.9 F Teleconmwnications Taxes 20.2 13.5 67.1 A { Business Licenses 41.3 40.1 97.0 F a * Hotel Taxes 5.5 4.8 86.2 F * Restaurant Taxes 32.9 28.1 85.2 F Charges for Services47.2 31-2 66.2 F Other Local Revenues 50.0 38.0 76.1 F * State Revenues 109.0 84.0 77.1 F * ` Federal Revenues 21.8 17.1 78.7 A r $ 951.9 _L1,70-4 59.9 % F * CF portion only F=Fawrable A=Acceptable U=Unfawrable May 22, 2012 -15 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) General Fund Revenues FY 2012 Year -To -Date General Fund Expenditures Compared to Historic Trend at April 30, 2012 ✓",�" YTD A7'C.%TUALa= 8 %5.3°rt ANNUAL BUDGETS=$_ $312. Iss6 s%.n% 460.M _...-- —`EYye 4I5"-.� 52.3" 43".6 _ 31.2% d � I N.G';H 28.296 20% Sul Aug Sep Oct Nov Det ]an Feb Mar.. -.Apr M.V Jun ^ "ra diw,Trend �%of FYI Lxr Mu l May 22, 2012 -16 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) FY 2012 YTD General Fund Revenues & Expenditures Compared to Historic Trend At April 30, 2012 100% ACTUAL REVENUES = $570AM 8,3s' ACTUAL EXPENDITURES= $832.61;i74.e Ua 74.0% sys^r cow _ _ - - - 54.1, �^"`•- n50 Y 2.3".;� 45.9• e 42 / ax.ti o 37.2% 2x.2 26.7" y °,'0 20% 14.6 4.4 ae^ g5% 1.71 • o% Jul Aug Sep OR Nov Dec ]an Feb Mar Apr May Jun -o-Itv�Tn d -�-%ef FV 1212 }_Hib�.. Falxnd 1 ind � o��CFY121iF Rud�e1� ,� The City has spent 82.8% of appropriations to- date. General Fund FY 2012 Expenditures g Total at April 30, 2012: • $832.6M, or 82.8°/x, of $1,005AM Budget -- Summary of Actual Expenditures Under Budget at June 30: May 22, 2012 (in millions) Total ; % of Total Budget City % Of City Bridget SehOOls 2008 (Actual) $55.5 5.1% $20.2 2.8% 535.3 2009 (Actual) $39.6 3.5°0 $24.7 3.2o,o $14.9 2010 (Actual) $45.3 4.1"-'o $27.6 3.6'' $17.7 2011 (Actual) $32.1 3.1°;0 $22.4 3.2°% $9.7 May 22, 2012 -17 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61880(Continued) General Fund Expenditures Text Steps Continue to monitor revenues in FY12 • Real Estate — June due date Personal Property — June due date May Interim — June 26th Closeout of financial statements FY12 —Aug 15th Unaudited financial statements FY12 — Oct 9th Audited CAFR FY12 —Dec 11ti' The Mayor thanked Ms. Phillips and her entire team for their work. May 22, 2012 -18 - CITY COUNCIL COMMENTS 4:15 P.M. ITEM #61881 Council Lady Henley and Councilman Dyer attended a Reality Check Exercise that was very interesting. Over 300 people from around the region showed a tremendous amount of excitement when looking at Regional Issues. The recommendations were very similar to the 2040 Committee's recommendations with the big issue being transportation. The biggest suggestion was multi -mobile transit. Councilman Dyer stated he agreed with Ms. Henley and it was a great group and was he proud to represent the City. ITEM #61882 Mayor Sessoms stated the Transportation Planning Organization meeting was held at the same time as the Reality Check Exercise. Transportation was a big issue at this meeting as well. The TPO created a citizen group approximately a year ago and they may ask the group to come back together and see if mindset has changed. ITEM #61883 Councilman DeSteph attended the MEDAC meeting. Julie Gifford, Hampton Roads Regional Liaison for the Military, gave a presentation on "assistance of hiring Veterans ". Hopefully, we are able to get her on VBTV. Also, GEICO is expanding and adding an additional 150 jobs. ITEM #61884 Mayor Sessoms presented the award from the Seton House. Seton House has a Kentucky Derby Party every year: "The Mayor's Cup ". May 22, 2012 -19 - AGENDA REVIEW SESSION 4:25 P.M. ITEM #61885 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 5-401 re fees for impoundment of animals b. Section 6-5 re animals on the beach and adjacent areas C. Section 27-5.1 re burglar alarm permits d. Sections 34-3, 34-5, 34-7, 34-11, 34-28, 34-33, 34-36, 34-41 and 34-45 and ADD Sections 34-12 and 34-28.1 re swimming pools at condominiums e. Section 211(b)(2) of the City Zoning Ordinance re temporary commercial signs 2. Ordinances to ACCEPT, APROPRIATE and TRANSFER: a. $4,293,826 from the Federal Emergency Management Agency (FEMA) and $1,030,516 from the Virginia Department of Emergency Management as reimbursement of costs resulting from Hurricane Irene b. Forgive the remaining $39, 000 balance of an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. C. $150, 000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of an ambulance d. $150,000 from the Fund Balance of the Sheriff's Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Sheriff e. $33,680 from the Oyster Heritage Trust Fund to the FY 2011-12 Operating budget of Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continue the Oyster Shell Recycling Program f. $5, 000 from the Tree Restoration — Shore Drive Area Trust Fund to the FY 2011-12 Operating Budget of Planning and Community Development re increasing maritime forest habitat and to continue and expand the pilot live oak program May 22, 2012 -z0 - AGENDA REVIEW SESSION ITEM #61885(Continued) 3. Ordinances/Resolution to AUTHORIZE the City Manager to EXECUTE: a. Three-year Leases of City -Owned property at the Virginia Beach Farmers Market: 1) Charles Macin d/b/a Uncle Chuck's Seafood 2) Chuck Beeson d/b/a/Keep It Poppin' Kettle Corn 3) FLS Corporation d/b/a/ The Garden Box b. Acquisition of the 30 foot wide strip of land adjacent to the former Norfolk Southern right-of-way between Independence Boulevard and Thalia Creek C. Participation in a STUDY of Regionalization of Sanitary Sewer Service and Assets 4. Ordinance to TRANSFER funds between major classifications within the FY 2011-12 School Operating Budget: a. $872, 008 from Instruction to Technology b. $ 60, 000 from Operations and Maintenance to Technology C. $258, 000 from Instruction Classification to Pupil Transportation 5. Resolution to formally RE ADOPT the revised Virginia Beach Emergency Operations Plan 6. Resolution for a Plan of Financing and Bond Refunding with the Development Authority re various public facilities and AUTHORIZE the execution and delivery of same Item #I (e) will be considered separately Item #3(b) will be considered separately as there are speakers registered Item #6 will be considered separately as there are speakers registered May 22, 2012 -21- A GENDA i1- AGENDA REVIEW SESSION ITEM #61886 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING Application of CHESTER DAVIS and CHRISTINE W. RUDOLF for the closure of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 13, 805 Vanderbilt Avenue, Croatan Beach (DISTRICT 6 —BEACH) 2. Application of SCOTT OVERTON for a Conditional Use Permit re a home occupation firearm sales) at 2325 Litchfield Way (DISTRICT 7 - PRINCESS ANNE) 3. Application of NCC DEVELOPMENT, LLCIFULTON BANK for a Conditional Use Permit re a car wash/auto repair at 1525 General Booth (DISTRICT 6 — BEACH) 4. Application of BURNETTE DEVELOPMENT, LLC/ABCS INVESTMENT GROUP, LLC for a Conditional Use Permit re a mini-warehouse/self storage at 965 South Oriole Drive (DISTRICT 6 —BEACH) 5. Application of POINT TO POINTIDIAMOND SPRINGS SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re truck rentals at 1270 Diamond Springs Road (DISTRICT 2 — KEMPSVILLE) 6. Application of CHRISTY DEVORE-HOLLAND for a Modification of Conditions attached to a Conditional Use Permit (approved by City Council on October 17, 1969) re a mobile home park at 1217 Hawk Avenue (DISTRICT 3 — ROSE HALL) 7. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Modi acation oa Conditional Chan ego Zoning [Proffer No. 31 (approved by City Council on June 13, 2006) at Princess Anne Road and 2117 Locksley Arch (DISTRICT 7 — PRINCESS ANNE) Item #2 will be considered separately as there are speakers registered Item #3 will be deferred indefinitely May 22, 2012 -22- ITEM#61887 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: 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) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Bayside District Lynnhaven District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Conditional use permit applications relating to the sale offirearms. May 22, 2012 -23 - ITEM# 61887 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:33 P.M. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeStep , Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: rifflowl Council Members Absent: Harry E. Diezel John D. Moss (Closed Session: 4:38 P.M. - 5:35 P.M.) Councilman Diezel in at 4:40 P.M. Councilman Moss in at 5:30 P.M. May 22, 2012 -24 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May22, 2012 6:00 P.M. Vice Mayor Louis R. Jones, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 22, 2012, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: Mayor William D. Sessoms, Jr. (attending School Board to present award to Superintendant) INVOCATION: Reverend Kevin Milcarek, Pastor Back Bay Christian Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made apart of the record. May 22, 2012 -25 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 10, 2012, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofdanuary 27, 2004, is hereby made apart of the record. May 22, 2012 Item -V-E CERTIFICATION -26 - ITEM #61888 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. Council Members Abstaining: John D. Moss May 22, 2012 Item -V-F.1 MINUTES -z7 - ITEM #61889 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 8 2012. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. May 22, 2012 Item -V-G.1 MAYOR'S PRESENTATION -28 - ITEM #61890 PETITION TO INCREASE DUI ENFORCEMENT and AWARENESS Melissa Gatchalian, Senior Class President — Salem High School Elizabeth Hyman - Salem High School Manon-Nicole Cook - Landstown High School Chief Cevera stated the Police Department has a program: "Every 15 Minutes". Every 15 minutes across the United States, someone is killed in a DUI accident. This program is hard hitting and very emotional. During this program, a fatal motor vehicle crash is simulated. At the end of this program, the Chief challenged Salem High School to Petition the Chief of Police to have the Police Department increase and enhance DUI enforcement. Ms. Gatchalian, Senior Class President — Salem High School, stated the program touched all of the students. Within two weeks over 1,000 signatures were collected. This program shed a light within Salem High School and they are proud to be a part of the solution. Landstown High School heard that Salem High School started the Petition and they wanted to join in and have collected over 500 signatures to add to Salem High School's Petition to show support. Mayor Sessoms thanked the students: and, on behalf of the entire City Council, encouraged each of them to be active in their communities working and raising their families in this fine City. May 22, 2012 Item -V-G.2 MAYOR'S PRESENTATION -29 - ITEM #61891 Mayor Sessoms introduced Ginny Diezel and Dr. Terry Jenkins. Mayor Sessoms presented them with a Proclamation declaring May 24, 2012, "Together WE Can Foundation": Make a Difference Day" recognizing the important contributions that the "Together We Can Foundation" makes in the lives of some of Virginia Beach's most vulnerable youth. Dr. Jenkins recognized the members of the group in attendance and thanked City Council for their continued support. Foster Care Children need attention and support. They are the group's passion. May 22, 2012 Proclamation 'Whereas: In the fourth year of operation in Virginia Beach, the "Together We Can Foundation" continues to improve the lives of youth, aging out of foster care, with focused program promoting education, employability skills and financial stability; and Whereas. Additionally, the "Together We Can Foundation" works with the Virginia Beach (Department of .Yuman Services to support foster youth with education and housing grants, group mentoring programs, advocacy for the needs of foster youth, and by recognizing the outstanding contributions of citizens, organizations, and businesses making a difference in the lives of foster youth; and Wiienas: Wiese efforts have been effective in improving the high school graduation for foster youth over the national averages 6y 22%, improving the rate of foster youth seeking post -secondary education or vocational training by 52%, and improving the rate of unemployment offosteryouth 6y 43%; and Whereas: The "Together We Can Foundation" looks forward to continuing its work in Virginia Beach and spreading the model of partnership between a non-profit service agency and a municipalgovernment that has been so effective in 'Virginia Beach. Now, Wierefore, I, WilCiam (D. Sessoms, gr., Mayor of the City of Virginia Beach, Virginia, do hereby Proclaim: May 24, 2012 "Together We Can Foundation Make a Difference Day" In Virginia Beach, and I encourage all citizens recognize the important contributions that the "Together We Can 'Foundation " makes in the lives of some of Virginia Beach's most vulnera6le youth. In `Witness `Whereof, I have hereunto set my hand and caused the OfficialSeal of the City of Virginia Beach, Virginia, to be affixed this Twenty-fourth day of May, Two Thousand Twelve. AU,Qutm �D. Sessoms, fir. Mayor Item-V-I.la/b/c PUBLIC HEARING -30- ITEM #61892 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASES OF CITY OWNED PROPERTY — FARMERS MARKET a. Uncle Chuck's Seafood b. Poppin' Kettle Corn c. The Garden Box There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 22, 2012 Item —V -L2 PUBLIC HEARING -31 - ITEM #61893 Mayor Sessoms DECLARED A PUBLIC HEARING: JUSTINCE BYRNE MEMORIAL ASSISTANCE GRANT ALLOCATION There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 22, 2012 -32- ADOPTAGENDA FOR FORMAL SESSION ITEM #61894 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 22, 2012 -33 - Item -V-J ORDINANCES/RESOLUTIONS ITEM #61895 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items la/b/c/d, 2a/b/c/d/e/f, 3a(1)(2)(3), c, 4alb/c, and 5 of the CONSENT AGENDA. Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, A Dyer, Barbara M. Mayor William D. James L. Wood Council Members Voting Nay: None Council Members Absent: None illiam R. "Bill " DeSteph, Harry E. Diezel, Robert M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Sessoms, Jr., John E. Uhrin, Rosemary Wilson and May 22, 2012 -34- Item-V-Lla/b/c/d ORDINANCES/RESOLUTIONS ITEM #61896 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the City Code: a. Section 5-401 re fees for impoundment of animals b. Section 6-5 re animals on the beach and adjacent areas C. Section 27-5.1 re burglar alarm permits d. Sections 34-3, 34-5, 34-7, 34-11, 34-28, 34-33, 34-36, 34-41 and 34-45 and ADD Sections 34-12 and 34-28.1 re swimming pools at condominiums Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 1 AN ORDINANCE TO AMEND SECTION 5-401 2 OF THE CITY CODE PERTAINING TO FEES 3 FOR THE IMPOUNDMENT OF ANIMALS 4 5 SECTION AMENDED: § 5-401 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 5-401 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 5-401. - Fees for the impoundment and adoption of animals, generally. 13 (a) The bureau of animal control is hereby authorized to charge a fee of fifty 14 dollars ($50.00) for the first day an animal is impounded and two dollars ($2.00) per day 15 for each additional day or part thereof for the care of any animal impounded for any 16 reason. 17 (b) If a dog or cat impounded under this article is not claimed by its owner or 18 caretaker within five (5) days or within ten (10) days if the dog or cat has a collar, tag, 19 license tattoo, or other form of identification, it shall be disposed of in accordance with 20 the provisions of Code of Virginia § 3.1-796.96. 21 (c) In the event any person proposes to adopt such dog or cat, pursuant to such 22 section, he shall pay a fee of twenty-five dollars ($25.00) for dogs; twenty dollars 23 ($20.00) for cats; and fifteen dollars ($15.00) for all other animals to cover the cost of 24 transfer, seizure and veterinary care for the animal. 25 (d) Any person adopting an animal spayed or neutered at the expenses of the city 26 shall also incur an additional cost of one hundred dollars ($100.00) for dogs, and forty 27 dollars ($40.00) for cats. In the event sterilization services are not available from the 28 city, any person adopting an unaltered animal will be required to deposit an additional 29 one hundred dollars ($100.00) for dogs, and forty dollars ($40.00) for cats which shall 30 be reimbursed if proof of sterilization is presented to the bureau of animal control within 31 thirty (30) days of the adoption. 32 (e) Notwithstanding the provisions of subsections (c) and (d) above, the chief of 33 police is authorized to lower the adoption fees for (1) special adoption events and (2) in 34 the event of excessive shelter over -population. 35 (f) The person desiring to adopt the animal shall sign an adoption contract 36 agreeing to abide by the rules and regulations of the bureau of aRimal GOR Animal 37 Care and Adoption Center. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of May , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,A �1 4_(;ity Police Department mey'sffi CA12266 R-1 May 2, 2012 1 AN ORDINANCE TO AMEND SECTION 6-5 2 OF THE CITY CODE PERTAINING TO 3 ANIMALS ON THE BEACH AND ADJACENT 4 AREAS 5 6 SECTION AMENDED: § 6-5 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 6-5 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 6-5. - Animals on beach and adjacent areas. 15 (a) It shall be unlawful for any person who owns or has control of any animal to 16 permit such animal to be on the sand beaches, the boardwalk or the grassy area west 17 of the boardwalk to the property lines from Rudee Inlet on the south to 42nd Street on 18 the north during the period from 6:00 p.m. on the Friday before Memorial Day through 19 6:00 p.m. Labor Day of each year, such period hereinafter referred to as the "season." 20 (b) It shall be unlawful for any person who owns or has control of any animal to 21 permit such animal to be on any other sand beaches within the city during the season; 22 provided, however, that a dog or cat may be permitted on said beaches in the custody 23 of or under the control of a responsible person during the season between the hours of 24 6:00 p.m. and 10:00 a.m. the following day. 25 (c) It shall be unlawful during the season for any person to have in his possession 26 or under his control any animal, other than a dog or cat, on Atlantic Avenue or in the 27 parks and connector streets between Atlantic Avenue and the boardwalk, from Rudee 28 Inlet to 42nd Street, unless such animal is in an escape -proof container. 29 (d) Any person who owns or has control of any animal shall not knowingly or 30 willfully permit such animal to litter any sand beaches within the city or to litter the 31 boardwalk or the grassy area west of the boardwalk to the property lines from Rudee 32 Inlet on the south to 42nd Street on the north, at any time. In the event such animal 33 shall defecate on the sand beaches within the city, or on the boardwalk or the grassy 34 area west of the boardwalk to the property lines from Rudee Inlet on the south to 42nd 35 Street on the north at any time, the person who owns or has control of such animal shall 36 immediately remove all feces deposited thereon by such animal and dispose of same in 37 a sanitary manner approved by the department of public health, such as by encasing 38 same in an airtight wrapper or container and placing same in a garbage receptacle. 39 Failure to so remove said feces in accordance with the provisions of this subsection 40 shall constitute a Class 1 misdemeanor. 41 (e) Notwithstanding the above, it shall be unlawful for any person who owns or 42 has control of any animal to permit such animal to be on any sand beaches within the 43 city, at any time, unless such person shall have in his possession a container of 44 sufficient size and adequate design,to remove and dispose of all feces deposited 45 thereon by such animal, in accordance with the provisions of subsection (d). 46 (f) With the exception of subsections (d) and (e), the provisions of this section 47 shall not be applicable to a guide dog, hearing dog or service dog trained to accompany 48 a person with a disability while being accompanied by such person, or to any dog or 49 horse in the custody or control of a law enforcement officer while such officer is in the 50 performance of his duties. 51 52 (g) For purposes of this section, the term "animal' shall be deemed to include, but 53 not be limited to, any mammal, bird, or reptile. 54 55 (h) The provisions of this section may also be enforced by city animal control 56 officers. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of May , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ;oLlice Department City Att y s O ice CA12227 R-1 March 16, 2012 1 AN ORDINANCE TO AMEND SECTION 27- 2 5.1 OF THE CITY CODE PERTAINING TO 3 PERMITS REQUIRED FOR ALARM 4 SYSTEMS USING THIRD -PARTY ALARM 5 COMPANIES TO NOTIFY POLICE 6 7 SECTION AMENDED: § 27-5.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 27-5.1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 27-5.1. - Permits required for alarm systems using third -party alarm 15 companies to notify police. 16 (a) Permit required: No person shall use an alarm system that relies on a third - 17 party alarm company to notify the police department in the event the alarm is activated 18 without first obtaining a permit to operate such a system from the police department. A 19 ten -dollar ($10.00) fee shall be charged for such a permit. 20 (b) Application: The permit application shall be submitted by the alarm user on a 21 form obtained from the police department. For the purpose of this section, the alarm 22 user" is any person who is in physical possession of any premises where an installed 23 alarm system is monitored by a third -party alarm company. 24 (c) Transfer of premises possession: Alarm permits are not transferable. Alarm 25 permits issued by the police department shall expire when the alarm user, as identified 26 on the alarm permit application, vacates possession of said premises. Any person in 27 possession of said premises after the expiration of the alarm permit shall be required to 28 obtain a new alarm permit. 29 (d) Reporting updated information: Whenever any information provided to the 30 police department on the alarm permit application changes, the alarm user shall provide 31 the updated information to the police department within thirty (30 days.1 32 (e) Multiple alarm systems or users: In the event an alarm user has one or more 33 alarm systems protecting two or more separate structures that have either different 34 addresses or tenants, a separate permit shall be required for each structure and/or 35 tenant. 36 (f) Notice: 37 (1) All third -party alarm companies that notify the police department in the event 38 of an alarm activation on behalf of clients/subscribers located in the city, shall 39 provide notice of the requirements of this section to all such clients/subscribers 40 located in the city. 41 (2) After police provide a response to a third -party alarm company's call for 42 service to a location where a person or persons in possession of such property has 43 not obtained the required alarm permit, the police department WW may provide no 44 further responses requested by a third -party alarm company's call for service until 45 the required permit is obtained. 46 ���i��■ . z�riTS TV a► Tii��f�l�uv.. �•�.. �.-.� �� ����iiiz i� u�� n�.���� 48 , Adopted by the City Council of the City of Virginia Beach, Virginia, on this22nd day of May , 2012. APPROVED AS TO CONTENT: Police Department CA12220 R-1 May 1, 2012 APPROVED AS TO LEGAL SUFFICIENCY: 2 - _�— . - - 1 AN ORDINANCE TO AMEND SECTIONS 34-3, 34-5, 34-7, 2 34-11, 34-28, 34-33, 34-34, 34-36, 34-41 AND 34-45 AND 3 ADD SECTIONS 34-12 AND 34-28.1 PERTAINING TO 4 SWIMMING POOLS 5 6 Sections Amended: City Code Sections 34-3, 34-5, 34-7, 7 34-11, 34-28, 34-33, 34-34, 34-36, 34-41 And 34-45 8 9 Sections Added: City Code Sections 34-12 and 34-28.1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 34-3, 34-5, 34-7, 34-11, 34-12, 34-28, 34-28.1, 34-33, 34-34, 34- 15 36, 34-41 and 34-45 of the Code of the City of Virginia Beach, Virginia, are hereby 16 amended and reordained and Sections 34-12 and 34-28.1 are added to read as follows: 17 ARTICLE I. - IN GENERAL 18 Sec. 34-1. - Title. 19 This chapter shall be known and cited as the "Virginia Beach Swimming Pool 20 Ordinance." 21 .... 22 Sec. 34-3. - Definitions. 23 The following definitions shall apply in the interpretation and the enforcement of this 24 chapter. The word "shall' as used herein, indicates a mandatory requirement. 25 .... 26 Turnover rate The time it takes (in a 24-hour period) to circulate an amount of 27 water equivalent to the volume of a swimming pool wading pool or spa. A swimming 28 pool requires six (6) hours a wading pool requires two (2) hours and a spa requires 29 thirty (30) minutes. 30 .... 31 COMMENT 32 The definition of Turnover Rate has been added to allow the addition of a variance procedure 1 33 for the requirement that the water in swimming pools be constantly recirculated. 34 .... 35 Sec. 34-5. - License required; fee. 36 (a) No person shall operate a type 2 swimming pool unless an annual permit has 37 been secured from the administrative authority of the health department. This permit 38 shall be issued only after approval by the administrative authority, submittal of an 39 inspection report by a state registered electrician, certified by the department of 40 professional and occupational regulations, on forms approved by the administrative 41 authority, application and payment to the health department of a fee of one hundred 42 dollars ($100.00). fifty dellarr, ($50.00) for seasonal apeFatieR (faw (4) MenthS OF less) 43. The inspection report shall 44 certify to the health department and the City of Virginia Beach that the type 2 swimming 45 pool has been inspected by a registered electrician and there are no electrical defects 46 that could affect the type 2 swimming pool's safe operation. The inspection report shall 47 further certify that the type 2 swimming pool is in compliance with all applicable 48 electrical codes. The operation and maintenance of any type 2 swimming pool in a 49 manner not in accordance with the provisions of this chapter will be justification for 50 cancellation of this permit. 51 (b) A type 2 swimming pool permit shall be posted in view of the public at the 52 swimming pool involved. 53 (c) No type 2 swimming pool permit shall be transferable and any person holding 54 such a permit shall give notice in writing, to the administrative authority within twenty - 55 four (24) hours after having sold, transferred, given away or otherwise disposed of his 56 interest in or control of the pool involved. Such notice shall include the name and 57 address of the person succeeding to the ownership or control of such pool. W COMMENT 59 Yearly and seasonal operation permits have been merged into one permit with a fee in the 60 amount of $100.00. 61 .... 62 Sec. 34-7. - Owner's certificate. 63 (a) To secure a pool permit, each type 2 pool shall have a person employed who 64 holds a valid operator's certificate issued by a source approved by the administrative 65 authority. This person is the certified pool operator for this facility. Operator's certificate 66 shall be issued only to an individual over the age of sixteen. An applicant for an 67 operator's certificate shall demonstrate basic knowledge of the water treatment process 68 in type 2 swimming pools. Presentation of a certificate from a swimming pool operator's 69 training course acceptable to the administrative authority shall constitute demonstration 70 of such knowledge. No certified pool operator shall oversee more than one (1) 71 swimming pool facility per certificate. All individuals holding an operator's certificate 72 shall be recertified every five (5) years. 73 (b) Every type 2 pool shall have a per -sen certified operator on premises at all 74 times during periods of operation, who is fully capable of and shall assume 75 responsibility for compliance with all requirements relating to pool operation, 76 maintenance and safety of bathers. 77 (c) Routine (e.g., daily and weekly) operating procedures shall be permanently 78 posted in a location accessible to and frequented by the operator. 79 (d) Manufacturer's instructions for operation and maintenance of mechanical and 80 electrical equipment shall be kept available for the operator. 81 (e) No type 2 pools shall be used or available for use until all requirements of 82 sections 34-5 and 34-7 are complied with. 83 COMMENT 85 This amendment requires the recertification of pool operators every five years. It also 86 clarifies that a certified pool operator must be on premises during the hours of pool operation. 87 .... 88 Sec. 34-11. - Applicability of chapter to existing pools. 89 The structural and equipment provisions and requirements of this chapter shall not 90 apply to any type 2 pool constructed prior to the effective date of Ordinance No. 391 91 from which this chapter was originally derived, except as follows: 92 (1) Any alteration, placement or replacement of any equipment shall comply with 93 such requirements. 94 (2) The provisions and requirements of this chapter with respect to operational 95 procedures and standards, chemical feeding equipment, flow meters, pressure 96 gauges and lifeguards shall be complied with by all type 2 swimming pools, 97 regardless of date of construction. 98 (3) The administrative autherity may gFaF;t medifiGations to any of the pFevismens ef tj 100 101 COMMENT 102 This deletion is further clarified in the addition of Section 34-12 below. 103 104 Sec. 34-12. - ReseFved. Modifications. 105 The administrative authority may grant modifications, upon conditions and 106 requirements established by the administrative authority, to any of the provisions of this 107 chapter which are not under the jurisdiction of the Virginia Uniform Statewide Building 108 Code The administrative authority has the authority to revoke any modifications granted 109 upon good cause which includes but is not limited to other violations, violations of 110 conditions of the modification, and any health or safety concerns. 111 COMMENT 112 This addition makes it clear that the Health Department may grant variances to any condition 113 that is not governed by the USBC. 114 .... 115 116 ARTICLE II. - DESIGN AND CONSTRUCTION 117 .... 118 Sec. 34-28. - Recirculation systems. 119 (a) Filter room. Type 2 pools shall be provided with a structure or room to contain 120 the filtration equipment, pumps and other recirculation system appurtenances, and 121 disinfection equipment. The room shall be finished in a light color and be constructed of 122 materials which are impervious to water and chemicals necessary for the operation of 123 the pool. Adequate illumination of twenty (20) footcandles measured twenty-four (24) 124 inches (61 centimeters) above floor level, shall be provided. The floor of the filter room 125 shall be designed to provide for an adequate drainage with a minimum floor slope of 126 1:50 and a maximum of 1:24 to the drain and shall be kept dry, particularly in the vicinity 127 of electrical panels. The filter room shall be adequately cross -ventilated, which may, 128 upon the decision of the administrative authority, require mechanical ventilation and all 129 equipment shall be installed so that it is convenient to operate and repair. Adequate 130 headroom shall be provided above all filters. The provision of any facility for discharging 131 filter backwashing water into the filter room floor is prohibited. The room shall be 132 provided with a door(s) of sufficient width to permit the removal of equipment, and shall 4 133 be capable of being secured against entry by unauthorized persons. The entrance to 134 the filter room shall be adjacent to the pool area or so located that the operator can 135 enter the room without having to exit the enclosed pool area. 136 COMMENT 137 This amendment clarifies that the required cross ventilation of filter rooms may require that a 138 mechanical system be installed. 139 140 (b) Filters. The recirculation system shall be equipped with a filtration system that 141 will filter the entire contents of the pool at the required rate. Filtration equipment shall be 142 operated continuously twenty-four (24) hours per day unless a variance has been 143 granted by the administrative authority to allow the filtration equipment to operate less 144 frequently, as provided in Section 34-28.1. Design criteria for the indicated type of filters 145 shall be as follows: 146 COMMENT 147 This amendment clarifies that a variance to the continuous operation of the filtration system 148 may be granted by the Health Department. 149 .... 150 Sec. 34-28.1. - Variance procedure for recirculation systems. 151 Variance procedure for type 2 condominium pools: Owners of type 2 condominium 152 pools may apply for a variance to the recirculation system requirement for continual 153 operation of the filtration system. 154 (1) Variances to the requirements of this section may be granted by 155 the administrative authority where: 156 157 a The pumps filters disinfectant and chemical feeders, flow 158 indicators -gauqes and all related parts of the swimming pool 159 purification systems shall be kept in operation whenever the 160 pool is available for use; 161 162 b The pumps filters disinfectant and chemical feeders, flow 163 indicators gauges and all related parts of the swimming pool 164 purification systems shall be kept in operation at all 165 additional times and periods as may be necessary to E 166 maintain the water in the swimming pool in a clear and 167 disinfected condition; and 168 169 c The variation in flow during the filtration cycle shall not 170 reduce the flow below 65 percent of the required turnover 171 rate: and 172 173 d There is no degradation of public health or safety. 174 175 (2) The application for a variance to the administrative authority shall 176 be on forms provided by the administrative authority and must 177 include: 178 179 a A statement indicating that the pool operator understands 180 and agrees to comply with all of the requirements above; 181 and 183 b The reasons why the public health and safety will not be 184 jeopardized if the variance is granted. 185 186 (3) Within a reasonable time not to exceed sixty (60) days from the 187 receipt of a complete written application the administrative authority 188 shall grant deny or grant with conditions such variance. The 189 administrative authority shall consider, in addition to the 190 requirements of subdivision (1), the following factors: 191 192 a Any circumstances unique to the applicant's facility; 193 194 b. The effects that the variance would have on the health and 195 safety of the public; and 196 197 c Any other health and safety factors as determined by the 198 administrative authority. 199 200 (4) The administrative authority shall notify the applicant in writing of 201 the approval of the variance the effective date of the variance and 202 the conditions attached to the approval of the variance. Failure to 203 comply with the conditions or the degradation of disinfection or 204 clarity shall result in the immediate revocation of the variance. A 205 denial of the variance shall also be in writing giving the reasons 206 for the denial. 207 208 (5) Each variance approved shall be conspicuously posted in public 209 view in the pool area. 210 211 (6) Variances expire on October 1 and must be applied for on a yearly 212 basis. 213 COMMENT 214 This variance procedure allows condominium swimming pool operators to turn off the 215 filtration system when the pool is not in operation, as long as it does not affect the health or safety 216 requirements of this chapter. Such variance may be granted by the Health Department to allow for 217 more economical and efficient operation of such swimming pools. 218 Sec. 34-33. - Pool lighting. 219 (a) Where type 2 swimming pools are to be used after dark, the swimming pool 220 area shall be equipped with lighting fixtures of such number and design as to light all 221 parts of the pool, the water therein, and the entire area. Fixtures should be installed in 222 such a manner as to create no hazard to the bathers. The design and installation of the 223 fixtures should be such that lifeguards can clearly see every part of the swimming pool, 224 including decks, spring board and other appurtenances without being blinded by glare. 225 (b) Underwater lighting for such pools shall provide nine (9) watts per square yard 226 (8.2 watts per square meter) of water surfaces and shall require ground fault circuit 227 interrupters (GFCI), such that all areas of the pool surface are clearly visible. (See 228 Virginia Uniform Statewide Building Code.) 229 COMMENT 230 This clarification adds the requirement that all areas of the pool surface be clearly visible. 231 Sec. 34-34. - Decks. 232 All fill under decks shall be properly tamped and proper supports shall be provided 233 to prevent decks from settling. Roof runoff or other drainage shall not be wasted allowed 234 to drain onto the deck. All areas surrounding the deck shall have surface drainage 235 directed away from the deck area. Decks shall be free of cracks, pooling or standing 236 water and made of non-skid materials. Pool decks shall not create a nuisance or health 237 hazard. 238 7 239 COMMENT 240 This is a clarification that no drainage or runoff shall drain onto the swimming pool deck. 241 .... 242 Sec. 34-36. - Swimming pool fences. 243 (a) It shall be unlawful for any person to own or control any outdoor swimming 244 pool without having a fence surrounding such swimming pool, irrespective of the date 245 on which such swimming pool was constructed. Such fence shall be in compliance with 246 SeGtoon AG105 of the 2003 the International Residential Code or any successor 247 provision. 248 (b) Violations of this section shall be punishable by a fine of not more than three 249 hundred dollars ($300.00). Each day's violation shall be deemed a separate offense. In 250 addition to such penalty, and not in lieu thereof, the city may seek to enjoin a continuing 251 violation of this section by civil action filed in the circuit court. 252 (c) The provisions of this section shall not apply to any swimming pool operated 253 by or in conjunction with any hotel located on a governmental reservation. 254 COMMENT 255 This amendment deletes the reference to any specific International Residential Code. As a 256 result, this section will not have to be amended with every new International Residential Code. 257 .... 258 Sec. 34-41. - Safety and rescue equipment; other safety features. 259 Every type 2 swimming pool shall be equipped with the following aids to safety and 260 rescue which shall be readily accessible at all times: 261 (1) One (1) or more safety tubes recommended by the American Red Cross, 262 YMCA or other accredited agency for lifesaving personnel, to be used by a 263 certified lifesaver. There n4ay shall also be available lightweight but strong 264 poles with blunted ends or shepherd's hooks, not less than twelve (12) feet (4 265 meters) in length. 266 COMMENT 267 This amendment requires that poles with blunt ends or shepherd's hooks be available for 268 safety. 269 .... 8 270 Sec. 34-45. - Showers, water closets, lavatories, etc. 271 (a) Showers, water closets and lavatories shall be provided for each sex, in 272 accordance with the Virginia Uniform Statewide Building Code. The part of the structure 273 containing the showers, water closets, urinals and lavatories shall be designed so that 274 these facilities shall be in the line of travel used by the patrons prior to entering the pool 275 area and shall be provided with an entrance and a separate exit opening directly to the 276 pool deck; however, such exit shall not be near the deep portion of the pool. 277 (b) Floor for all dressing rooms, showers, toilets and lavatories shall be smooth 278 but must have nonslip finish and the room shall be ventilated so that the floors do not 279 remain damp or wet. Walls and floors for all dressing rooms, toilet rooms and lavatories 280 shall be of waterproof, easily cleanable materials. 281 (1) Dressing rooms. Separate dressing rooms may be provided for both sexes. 282 When provided, metal lockers, wire baskets, hooks or other sanitary means of 283 storage of clothing and personal accessories shall be provided. All storage 284 containers for clothing shall be kept clean and sanitary. 285 (2) Showers. Showers shall be provided in the proportion of one (1) for each forty 286 (40) persons at the time of maximum load. Each shower shall supply an 287 adequate quantity of tempered water. Water from each shower shall be 288 provided with suitable facilities for making soap available. 289 (3) Toilets. Toilet facilities shall be provided as set forth in the Virginia Uniform 290 Statewide Building Code. 291 (4) Lavatories. Lavatories shall be provided as set forth in the Virginia Uniform 292 Statewide Building Code. 293 (5) [Application of items (1) through (4) to certain bathers.] Items (1) through (4) 294 shall not apply when bathers have access to these facilities either in living 295 quarters located not more than five hundred (500) feet (152.4 meters) in travel 296 distance from the pool or in an adjacent building such as a recreational facility, 297 clubhouse or cabana. 298 (6) Mirrors. Mirrors, if provided, shall be constructed in accordance with the 299 Virginia Uniform Statewide Building Code. 300 (7) Baby changing tables. A baby changing table shall be located in each lavatory. 301 (8) Stocked. All lavatories shall be stocked at all times with hand soap toilet 302 tissue, and disposable towels or hand dryers. 303 X 304 305 306 307 308 309 310 COMMENT This amendment adds the requirements for baby changing table and stocking of any bathrooms at swimming pools. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of May .2012. APPROVED AS TO CONTENT: Health Dep rtm CA12186 R-2 April 18, 2012 APPROVED AS TO LEGAL SUFFICIENCY: -/I)/ N17.4,d1l. City Attorney's Office 10 -35 - Item -V-J.1 e ORDINANCES/RESOLUTIONS ITEM #61897 Upon motion by Councilman Davis, seconded by Councilman Moss, City Council ADOPTED a Resolution referring to the Planning Commission an amendment to Section 211(b)(2) of the City Zoning Ordinance (CZO) re temporary commercial signs Voting: 6-5 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, John D. Moss and John E. Uhrin, Council Members Voting Nay.- Barbara ay: Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: None May 22, 2012 1 2 3 4 5 6 7 8 9 10 11 12 REQUESTED BY COUNCILMEMBER GLENN R. DAVIS A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 211(b)(2) OF THE CITY ZONING ORDINANCE PERTAINING TO TEMPORARY SIGNS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above -entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this 22nd day of May _'2012. APPROVED AS TO LEGAL SUFFICI NCY: City Attorney's Office CA12262 R-1 May 3, 2012 1 REQUESTED BY COUNCILMEMBER GLENN R. DAVIS 2 3 AN ORDINANCE TO AMEND SECTION 211 4 (b)(2) OF THE CITY ZONING ORDINANCE 5 PERTAINING TO TEMPORARY SIGNS 6 7 Section Amended: § 211(b)(2) 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 211(b)(2) of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 211. — Signs permitted in all districts. 19 20 The following types of signs are exempted from all of the provisions of this 21 ordinance, except for illumination, construction, and safety regulations and the following 22 standards: 23 24 .... 25 26 (b) Temporary signs. 27 28 .... 29 30 (2) Temporary signs of a commercial nature announcing grand 31 openings or other special events or promotions, subject to the 32 limitations as to size, height and location set forth in subdivision (1) 33 hereof. Such signs shall be displayed no more than thre) six 34 (6) times per year by any business or establishment, nor for any 35 period in excess of seven (7) days. 36 37 COMMENT 38 39 This amendment, requested by Councilmember Davis, will allow temporary signs of a 40 commercial nature to be displayed six times a year instead of the current three times. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 43 of 2012. APPROVED AS TO CONTENT Planning Department CA12261 R-1 May 3, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office -36- Item-V-J.2a/bleld/elf ORDINANCES/RESOL UTIONS ITEM #61898 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT, APROPRIATE and TRANSFER: a. $4,293,826 from the Federal Emergency Management Agency (FEMA) and $1,030,516 from the Virginia Department of Emergency Management as reimbursement of costs resulting from Hurricane Irene b. Forgive the remaining $39, 000 balance of an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. C. $150, 000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of an ambulance d. $150, 000 from the Fund Balance of the Sheriff's Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies to the FY2011-12 Operating Budget of the Sheriff e. $33,680 from the Oyster Heritage Trust Fund to the FY 2011-12 Operating budget of Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continue the Oyster Shell Recycling Program f. $5, 000 from the Tree Restoration — Shore Drive Area Trust Fund to the FY 2011-12 Operating Budget of Planning and Community Development re increasing maritime forest habitat and to continue and expand the pilot live oak program Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent: None "Bill " DeSteph, Harry E. Diezel, Robert M. 'ice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and May 22, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL AND STATE FUNDS FOR RESPONSE AND RECOVERY EXPENSES ASSOCIATED WITH HURRICANE IRENE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $4,293,816 in estimated revenue from the Federal Emergency Management Agency and $1,030,516 in estimated revenue from the Virginia Department of Emergency Management are hereby appropriated, with federal and state revenues increased accordingly, to the FY 2011-12 Operating Budget to reimburse the School Board and various City departments for response and recovery costs associated with Hurricane Irene. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of Ma v .2012. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Management Services CA12275 R-1 May 9, 2012 Approved as to Legal Sufficiency: s Office 1 AN ORDINANCE TO FORGIVE THE REMAINING 2 BALANCE OF AN INTEREST-FREE LOAN TO THE 3 CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE 4 DEPARTMENT, INC. 5 6 WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. 7 ("Rescue Squad") entered into a loan agreement ("Loan Agreement") with the City of 8 Virginia Beach and provided a promissory note ("Note") on or about February 22, 2011 9 for the payment of an interest-free loan of $75,000 to purchase a pre -owned 10 replacement ambulance; and 11 12 WHEREAS, the ambulance has been damaged such that it is no longer 13 serviceable; and 14 15 WHEREAS, the Rescue Squad and the City amended the Note in January 2012 16 to extend the payment schedule for six -months to allow the Rescue Squad to make 17 arrangements for salvage and other forms of recovery related to the damage; and 18 19 WHEREAS, the City has received insurance recovery payment of $25,000 for the 20 damaged ambulance leaving a loan balance of $39,000; and 21 22 WHEREAS, the Rescue Squad requests the City to forgive the remaining 23 balance of the loan. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the remaining balance of $39,000 on the interest-free loan provided by 29 the City to the Rescue Squad is forgiven; 30 31 2. That the City Manager or his designee is directed to cancel the Note given to 32 the City by the Rescue Squad and to pursue a mutual termination of the agreement 33 between the City and the Rescue Squad, which provides the terms of payment of the 34 loan. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of May 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services y's Office CA12269 R-1 May 7, 2012 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE CHESAPEAKE BEACH 3 VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC., FOR 4 THE PURCHASE OF AN AMBULANCE 5 6 WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. 7 has requested an interest free loan of $150,000 to purchase a replacement ambulance 8 with estimated cost of $150,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $150,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the Chesapeake Beach Volunteer Fire and 15 Rescue Department, Inc. for the purchase of a replacement ambulance; and 16 17 2. That the loan is to be repaid by Chesapeake Beach Volunteer Fire and 18 Rescue Department, Inc. over seven (7) years, pursuant to the terms of the 19 attached agreement and promissory note. 20 22nd 21 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 22 May , 2012 Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: 1, Management Services CA12268 R-1 May 7, 2012 Approved as to Legal Sufficiency: �l or ey's Office PROMISSORY NOTE $150,000 Virginia Beach, Virginia May 28, 2012 FOR VALUE RECEIVED, Chesapeake Beach Volunteer Fire and Rescue Department, Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before May 28, 2013 - $21,429 On or before May 28, 2014 - $21,429 On or before May 28, 2015 - $21,429 On or before May 28, 2016 - $21,429 On or before May 28, 2017 - $21,429 On or before May 28, 2018 - $21,429 On or before May 28, 2019 - $21,426 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. Title: Title: Date: Date: (SEAL) Agreement between the City of Virginia Beach and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan of $150,000 for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. .0 Title: 3 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CC E gQ� Ap�kr� eEA'G ' April 12, 2012 Dear Chief Edwards: Chesapeake Beach Volunteer Fire and Rescue Department, Inc. Over 60 Years of'Tradition and Service to Our Comaiunit,v P.O. Box 5674 Virginia Bcach, Virginia 23471 • Tel. (757) 460-7509 I am writing to you on behalf of the Chesapeake Beach Volunteer Rescue Squad located at 2444 Pleasure House Rd., Virginia Beach, VA. Over the past few years, we have seen a steady increase in membership as a result of recruitment efforts by our squad members, the EMS Department and the Rescue Squad Foundation. That has resulted in our ambulances staffing more shifts and responding to more calls. In February of 2011, we were fortunate enough to secure a no interest loan from the city to purchase a $75,000 used ambulance. Our ambulance replacement committee worked very hard to find that ambulance which was very sound mechanically and at a price we could afford. Unfortunately, in September the ambulance was involved in a major accident, in which the other driver was found at fault. What made that mishap even worse was that the other driver was underinsured. The ambulance was deemed totally wreck by the adjusters and it has taken a while for the City to deal with the parties involved to collect insurance and salvage money Not having a full resolution until just this past week, our rescue squad did not apply for an RSFA grant for the cycle that closed in March. With all the people working on our behalf to resolve the issues to be best benefit of our rescue squad and the city, and due to not knowing the status of our loan responsibility with the city for the "totaled" ambulance, we feared that we would not have matching fiends for the RSAF Grant in addition to the loan. We now find ourselves in desperate need of an ambulance to replace the one that was "totaled." In addition, we understand the remaining value on the current loan once the insurance and salvage payments have been tallied, is $39,000.00. The members of the Chesapeake Beach Volunteer Rescue Squad respectfully ask that the remaining balance of the current city loan be forgiven and a new no -interest loan in the amount of $150,000.00 be granted for a seven (7) year payback term. Our two existing ambulances are severely aging and have frequent mechanical issues and breakdowns. We have consulted with Mr. Reggie Padgett at the city garage to seek his input into the type of vehicle to consider for a future ambulance. With his suggestions we have determined the best ambulance to purchase that will meet our needs for the community is a Ford F650 Medtec ambulance. Atlantic Emergency Solutions has 2 (two) chassis available at a reduced price. With the limited inventory, we need to act in a timely manner to take advantage of this special pricing. We are fortunate enough to have enthusiastic volunteers at Chesapeake Beach Volunteer Rescue Squad who are ready and willing to serve the community. By providing us with the new loan we can ensure they are properly equipped to do so. We greatly appreciate your consideration in this manner. Sinc ely, ir,rrr��� ,A t Z2 1 AN ORDINANCE TO APPROPRIATE $150,000 FROM THE 2 FUND BALANCE OF THE SHERIFF'S SPECIAL REVENUE 3 FUND AND TO TRANSFER $150,000 FROM THE GENERAL 4 FUND RESERVE FOR CONTINGENCIES TO THE FY 2011- 5 12 OPERATING BUDGET OF THE OFFICE OF THE 6 SHERIFF 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) That $150,000 is hereby transferred from the General Fund Reserve for 11 Contingencies to the FY 2011-12 Operating Budget of the Office of the Sheriff; and 12 13 2) That $150,000 is hereby appropriated from the Fund Balance of the Sheriff's 14 Special Revenue Fund to the FY 2011-12 Operating Budget of the Office of the 15 Sheriff. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of May 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: management Services Ci - s Office CA12277 R-1 May 10, 2012 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE OYSTER HERITAGE TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $33,680 is hereby appropriated from the Oyster Heritage Trust Fund to the FY 2011-12 Operating Budget of the Department of Planning and Community Development for the purpose of increasing oyster habitat in the Lynnhaven River watershed and to continue the Oyster Shell Recycling Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of May , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12271 R-1 May 7, 2012 APPROVED AS TO LEGAL SUFFICIENCY: C' or y,s Office 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE TREE RESTORATION — SHORE DRIVE AREA TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $5,000 is hereby appropriated from the Tree Restoration — Shore Drive Area Trust Fund to the FY 2011-12 Operating Budget of the Department of Planning and Community Development to increase maritime forest habitat in the City and to continue and expand the pilot live oak program. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of May , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12270 R-1 May 7, 2012 APPROVED AS TO LEGAL SUFFICIENCY: 1 tt rrey's Office -37- Item- V -J. 3 a (1) (2) (3) and c ORDINANCES/RESOLUTIONS ITEM #61899 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances/Resolution to AUTHORIZE the City Manager to EXECUTE: a. Three-year Leases of City -Owned property at the Virginia Beach Farmers Market: 1) Charles Macin d1b/a Uncle Chuck's Seafood 2) Chuck Beeson d/b/a/Keep It Poppin' Kettle Corn 3) FLS Corporation d1b/a/ The Garden Box C. Participation in a STUDY of Regionalization of Sanitary Sewer Service and Assets Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry K Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 CHARLES MACIN D/B/A UNCLE CHUCK'S 4 SEAFOOD FOR APPROXIMATELY 720 SQ. FT. OF 5 LAND AT THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Charles Macin d/b/a Uncle Chuck's Seafood ("Uncle Chuck's") 13 would like to enter into a formal lease arrangement with the City for approximately 720 14 sq. ft. of land at the Farmers Market (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of seafood and related 17 items and for no other purpose; and 18 19 WHEREAS, Uncle Chuck's has agreed to pay the City $282.00 per month 20 ($3,384.00 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5%. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Charles Macin d/b/a Uncle Chuck's Seafood and the City for the 28 Premises in accordance with the Summary of Terms attached hereto and made a part 29 hereof, and such other terms, conditions or modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 33 May , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Uk j atL City Attorney Public Wor / Facilities Management CA12149 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P019\00018727.DOC R-1 May 14, 2012 SUMMARY OF TERMS LEASE FOR APPROXIMATELY 720 SQ. FT. OF LAND AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Charles Macin (d/b/a Uncle Chuck's Seafood) PREMISES: 720 sq. ft. of land located in the paved area along the northern property line of the Virginia Beach Farmers Market TERM: 36 months: June 1, 2012 — May 31, 2015 RENT: Year 1: $282.00 per month ($3,384.00 per year) Year 2: $296.10 per month ($3,553.20 per year) Year 3: $310.90 per month ($3,730.80 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of seafood and related items and for no other purpose. • Maintain leased space and any improvements placed or constructed on the Premises by the Lessee. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Premises only. The City is not responsible for any structure or other improvement placed on the Premises by the Lessee. • Provide electrical access to Lessee. TERMINATION: • Either party may terminate for any reason by providing the other party ninety (90) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving forty-eight (48) hours' written notice. \\vbgov.com\DFS 1 \Applications\CityLawProd,.cycom32\ Wpdocs\D009\P014\00018759.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 CHUCK BEESON D/B/A KEEP IT POPPIN' KETTLE 4 CORN FOR APPROXIMATELY 630 SQ. FT. OF 5 LAND AT THE VIRGINIA BEACH FARMERS 6 MARKET II 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Chuck Beeson d/b/a Keep it Poppin' Kettle Corn ("Keep it Poppin"') 13 would like to enter into a formal lease arrangement with the City for approximately 630 14 sq. ft. of land at the Farmers Market (the "Premises"), 15 16 WHEREAS, the Premises will be utilized for the sale of kettle corn and related 17 items, and for no other purpose; and 18 19 WHEREAS, Keep it Poppin' has agreed to pay the City $222.25 per month 20 ($2,667.00 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5%. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Chuck Beeson d/b/a Keep it Poppin' Kettle Corn and the City for the 28 Premises in accordance with the Summary of Terms attached hereto and made a part 29 hereof, and such other terms, conditions or modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 33 May , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA12147 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D008\P019\00018700. DOC R-1 May 14, 2012 APPROVED AS TO CONTENT C Z, �; 11 �161C Public Wo / FacilitiEr4o Management SUMMARY OF TERMS LEASE FOR APPROXIMATELY 630 SQ. FT. OF LAND AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Chuck Beeson (d/b/a Keep it Poppin' Kettle Corn) PREMISES: 630 sq. ft. of land located in the paved area along the northern property line of the Virginia Beach Farmers Market TERM: 36 months: June 1, 2012 — May 31, 2015 RENT: Year 1: $222.25 per month ($2,667.00 per year) Year 2: $233.36 per month ($2,800.32 per year) Year 3: $245.03 per month ($2,940.36 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of kettle corn and related items, and for no other purpose. • Maintain leased space and any improvements placed or constructed on the Premises by the Lessee. • Payment of all assessed fees. • Purchase commercial general liability insurance with policy limits of not less than $500,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Premises only. The City is not responsible for any structure or other improvement placed on the Premises by the Lessee. • Provide electrical access to Lessee. TERMINATION: • Either party may terminate for any reason by providing the other party ninety (90) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving forty-eight (48) hours' written notice. \\vbgov.com\dfs I \applications\citylawprod\cycom32\ W pdocs\D0121 P006\00028342. DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 FLS CORPORATION D/B/A THE GARDEN BOX 4 FOR APPROXIMATELY 4,080 SQ. FT. OF LAND AT 5 THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"), 10 11 WHEREAS, FLS Corporation d/b/a The Garden Box ("The Garden Box") would 12 like to enter into a formal lease arrangement with the City for approximately 4,080 sq. ft. 13 of land at the Farmers Market (the "Premises"), 14 15 WHEREAS, the Premises will be utilized for the sale of plants and garden 16 related items, and for no other purpose; and 17 18 WHEREAS, The Garden Box has agreed to pay the City $1,147.50 per month 19 ($13,770.00 per year) for the use of the Premises for the first year of the term, with 20 annual rent increases equal to 5%. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of three 26 (3) years between FLS Corporation d/b/a The Garden Box and the City for the Premises 27 in accordance with the Summary of Terms attached hereto and made a part hereof, and 28 such other terms, conditions or modifications as may be acceptable to the City Manager 29 and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day day of 32 May , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public Work / Facilitie6 Management CA 12148 \\vbgov.com\DFS t W pplications\CityLawProd\cycom32\W pdocs\D008\P019\00018722.DOC R-1 May 14, 2012 SUMMARY OF TERMS LEASE FOR APPROXIMATELY 4,080 SQ. FT. OF LAND AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: FLS Corporation (d/b/a The Garden Box) PREMISES: 4,080 sq. ft. of land located in the paved area along the northern property line of the Virginia Beach Farmers Market TERM: 36 months: June 1, 2012 — May 31, 2015 RENT: Year 1: $1,147.50 per month ($13,770.00 per year) Year 2: $1,204.88 per month ($14,458.56 per year) Year 3: $1,265.12 per month ($15,181.44 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of plants and garden related items and for no other purpose. • Maintain leased space and any improvements placed or constructed on the Premises by the Lessee. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Premises only. The City is not responsible for any structure or other improvement placed on the Premises by the Lessee. • Provide electrical access to Lessee. TERMINATION: • Either party may terminate for any reason by providing the other party ninety (90) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving forty-eight (48) hours' written notice. \\vbgov.com\DFS 1 ,,Applications\CityLawProd\cycom32\ Wpdocs\D008\P019\00018720.DOC 1 A RESOLUTION AUTHORIZING PARTICIPATION IN A 2 STUDY OF REGIONALIZATION OF SANITARY SEWER 3 SERVICE AND ASSETS 4 5 WHEREAS, the City of Virginia Beach owns and operates a sanitary sewer 6 collection system directly connected to the regional sanitary sewer system owned and 7 operated by the Hampton Roads Sanitation District (HRSD), a political subdivision of 8 the Commonwealth of Virginia; and 9 WHEREAS, HRSD and thirteen of the seventeen localities within Hampton 10 Roads entered a Special Order by Consent with the State Water Control Board on 11 September 26, 2007 (the Order) for the purpose of resolving certain alleged violations of 12 environmental laws and regulations; and 13 WHEREAS, in the course of planning actions to meet the requirements of the 14 Order, the potential to develop a more cost effective set of actions to satisfy the 15 requirements of the Order through consolidation of sanitary sewer assets under a single 16 regional entity has been identified; and 17 WHEREAS, consolidation of all sanitary sewer assets directly connected to 18 HRSD has the potential to reduce total sanitary sewer operation and maintenance costs 19 for the Hampton Roads region in addition to the potential capital cost savings for the 20 Hampton Roads regional ratepayers within the localities under the Order; and 21 WHEREAS, data gathering, analysis and study are required to determine 22 whether the benefits that may be identified within Hampton Roads from further 23 regionalization outweigh the challenges of regional consolidation of sanitary sewer 24 service and assets. 25 NOW, THEREFORE, BE IT RESOLVED that the City of Virginia Beach hereby 26 requests that the Hampton Roads Planning District Commission (HRPDC) conduct a 27 study of further regionalization of sanitary sewer service and assets (the Study). Such 28 study shall be funded by HRSD in an amount agreeable to HRSD and completed by 29 July 1, 2013; and 30 BE IT FURTHER RESOLVED that the City of Virginia Beach will provide access 31 to information, data, assets, staff and otherwise cooperate with the HRPDC and/or the 32 HRPDC's agent in conducting the Study of regional consolidation of sanitary sewer 33 assets, and the City of Virginia Beach will participate in a thorough evaluation of the 34 Study results; and 35 BE IT FURTHER RESOLVED that this request does not bind the City of Virginia 36 Beach to participate financially in the Study or to accept, adopt or comply with any 37 conclusions or recommendations of the Study; and 38 BE IT FURTHER RESOLVED that the Study may impact the localities' and/or 39 HRSD's ability to accomplish all of the work required under the Order and as such, the 40 decision to conduct the Study is contingent on receiving an appropriate stay or deferral 41 of activities required by the Order as necessary to (1) allow existing sewer managers 42 and staff to participate fully in the Study, and (2) to avoid further study, analysis, 43 evaluation or performance of sewer system rehabilitation, upgrades, or replacements 44 that may not be regionally cost effective should further regionalization of sewer service 45 and assets be achieved as a result of the Study. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of May , 2012. APPROVED AS TO CONTENT jl4mapm/Wal4iz' Department of Public Utilities CA12260 R-1 April 27, 2012 APPROVED AS TO LEGAL SUFFICIENCY: J'A . M. City Attorney's Office 2 -38- Item-V-J.3b ORDINANCES/RESOL UTIONS ITEM #61900 The following individuals registered to speak.- Carolyn peak: Carolyn McPherson, 2700 Royster Court, Phone: 377-1850, spoke in SUPPORT. Ms. McPherson stated the land is valuable and important for the City and encouraged the City to go ahead and move forward with the purchase of this property. Bethann Chabolla, 807 Federal Court, Phone: 581-0143, spoke in SUPPORT. Ms. Chabolla lived in California when Light Rail first started. The City and vacation areas will blossom with Light Rail. She encouraged the City to move forward with the purchase of this property. Bill Stephany, 404 Pallets Road, Phone: 721-7698, spoke in OPPOSITION. Mr. Stephany asked why the City was buying land before the Referendum is put to vote by the citizens? Gilbert Garcia, 900 Ringfiled Road, Phone" 404-4343, spoke in OPPOSITION. Mr. Garcia stated it appears the City Council is trying to push Light Rail thru before the Referendum. City Council is supposed to be looking out for the best interest of the taxpayers and it does not appear that is what you are doing. Frank Pa cin, 4008 Runford Lane, Phone: 498-4878, spoke in OPPOSITION. Mr. Papcin stated he understands WHY the City is buying the property and the reasoning behind paying this amount. When Light Rail is built through the City, this property will be worth a lot more money than the City paid for it. Mr. Papcin knows the value of transportation as he has lived all over the United States but he knows what happens when developments and businesses are built. May 22, 2012 -39- Item-V-J.3b ORDINANCES/RESOLUTIONS ITEM #61900(Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinances/Resolution to AUTHORIZE the City Manager to EXECUTE: b. Acquisition of the 30 foot wide strip of land adjacent to the former Norfolk Southern right-of-way between Independence Boulevard and Thalia Creek Voting: 8-3 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Glenn R. Davis, William R. "Bill" DeSteph and John D. Moss Council Members Absent. None May 22, 2012 1 AN ORDINANCE AUTHORIZING THE 2 ACQUISITION OF THE 30 -FOOT WIDE STRIP 3 OF LAND ADJACENT TO THE FORMER 4 NORFOLK SOUTHERN RIGHT-OF-WAY 5 BETWEEN INDEPENDENCE BOULEVARD 6 AND THALIA CREEK 7 8 WHEREAS, on August 10, 2009, City Council approved the purchase by the City of 9 Virginia Beach Development Authority of the former Circuit City property located at 110 S. 10 Independence Boulevard in the City of Virginia Beach (the "Circuit City Property"); 11 12 WHEREAS, the Circuit City Property is separated from the former Norfolk Southern 13 right-of-way ("NS ROW") and Town Center by a 30 -foot wide strip of land (the "30' Strip"); 14 15 WHEREAS, the 30' Strip runs parallel to the NS ROW from Independence 16 Boulevard east to Thalia Creek, and contains a total of approximately 58,025 sq. ft. (1.33 17 acres). A portion of the 30' Strip is designated as GPIN 1477-43-7976, and the remainder 18 has no GPIN assigned; 19 20 WHEREAS, City staff and the owners of the 30' Strip have agreed on a $300,000 21 purchase price for the 30' Strip, subject to City Council's approval; 22 23 WHEREAS, funding for the purchase of the 30' Strip is available from Various Site 24 Acquisitions (CIP-3-368); and 25 26 WHEREAS, City Council is of the opinion that the acquisition of the 30' Strip will 27 promote the economic interests of the City of Virginia Beach. 28 29 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 30 VIRGINIA: 31 32 That the City Manager, or his authorized designee, is hereby authorized to execute 33 any and all documents necessary to facilitate the purchase of the 30' Strip, pursuant to 34 §15.2-1800 of the Code of Virginia (1950), as amended, so long as such documents are in 35 accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part 36 hereof, and such other terms, conditions, or modifications deemed necessary and sufficient 37 by the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 40 of May, 2012. APPROVED AS TO CONTENT: APPROVED A$�'TO LEG SUFFICIENCY: Economic Development City Attorneys Office CA12162 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D011\P013\00019166.DOC R-1 May 11, 2012 EXHIBIT A SUMMARY OF TERMS 30 -FOOT WIDE STRIP OF LAND BETWEEN THE FORMER NORFOLK SOUTHER RIGHT-OF-WAY AND THE FORMER CIRCUIT CITY PROPERTY PROPERTY SIZE AND LOCATION: 30 -foot strip of land containing a total of approximately 58,025 sq. ft. (1.33 acres) directly south of the former Norfolk Southern Right -of - Way, running between Independence Boulevard and Thalia Creek. The 30' strip is in three separate pieces, separated by the City -owned rights of way at Market Street and Constitution Drive. SELLER: Trustees of the R. E. Townsend Land Trust BUYER: City of Virginia Beach ZONING: B-3 AICUZ: N/A SALE PRICE: $300,000 CLOSING: 30 days from full execution of agreement of sale. FUNDING SOURCE: Various Site Acquisitions (CIP 3-368) \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D007\P013\00018401.DOC E tj.VO ZP5 - If% V 13 • Wou Jim E tj.VO ZP5 - If% V • E tj.VO ZP5 - If% V -40- Item-V-J.4alb/c ORDINANCESIRESOL UTIONS ITEM #61901 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER funds between major classifications within the FY 2011-12 School Operating Budget: a. $872, 008 from Instruction to Technology b. $ 60, 000 from Operations and Maintenance to Technology C. $258,000 from Instruction Classification to Pupil Transportation Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDS BETWEEN MAJOR CLASSIFICATIONS WITHIN THE FY 2011-12 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $872,008 from the Instruction Classification of the School Operating Fund is hereby transferred to the Technology Fund within the FY 2011-12 School Operating Budget; 2. $60,000 from the Operations and Maintenance Classification of the School Operating Fund is hereby transferred to the Technology Fund within the FY 2011-12 School Operating Budget; and 3. $285,000 from the Instruction Classification of the School Operating Fund is hereby transferred to the Pupil Transportation of the School Operating Fund of the FY 2011-12 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of May , 2012. APPROVED AS TO CONTENT: AP 2Lzif Management Services it) CA12278 R-1 May 10, 2012 OVED AS TO LEGAL SUFFICIENCY: s Office RGINIA BEACH CITY PUBLIC SCHOOLS A H E A D o r T H E c u R v E Daniel D. Edwards, Chairman School Board of the City of Virginia Beach District 1 —Centerville 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www.vbschools.com/schoolboard James G. Merrill, Ed.D., Superintendent William J. "Bill" Brunke, IV, Vice -Chairman District 7 — Princess Anne Todd C. Davidson, At -Large Emma L. "Em" Davis, District 5 — Lynnhaven Dorothy M. "Dottie" Holtz, At -Large RESOLUTION REGARDING FY 2011.12 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS Brent N. Mckenzie, District 3 — Rose Hall Ashley K. McLeod, At -Large Samuel G. "Sam" Reid, District 6 — Beach Patrick S. Salyer, District 2 — Kempsville D. Scott Seery, At -Large Carolyn D. Weems, District 4 — Bayside WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology -related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments have technology -related and operating -related spending needs that require categorical/fund transfers to enable purchases such as: technological services, license renewals, iPads, kindles, scanners, promethean board, computers, monitors, printers, laptops, computer supplies, Learning Math Subscription, SOL on-line training, and expansion to data storage system; and WHEREAS, the following budget transfers are recommended by the School Administration: • Total of $872,008 from Operating Fund 115 - Instruction to Technology Fund 106; Total of $60,000 from Operating Fund 115 - Operations and Maintenance to Technology Fund 106; • Total of $285,000 from Operating Fund 115 - Instruction to Pupil Transportation; and WHEREAS, these transfers are also necessary to appropriately expense and account for these expenditures; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 8th day of May 2012 S E A L Daniel D, Edwards, School Board Chairman ATTEST: Dianne P. Alexander, Clerk of the School Board -41 - Item -V-J. S ORDINANCES/RESOLUTIONS ITEM #61902 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to formally RE -ADOPT the revised Virginia Beach Emergency Operations Plan Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A RESOLUTION FORMALLY RE -ADOPTING THE VIRGINIA BEACH EMERGENCY OPERATIONS PLAN WHEREAS, the City of Virginia Beach Fire Department, Office of Emergency Services, regularly and routinely publishes and updates an Emergency Operations Plan for the City of Virginia Beach; and WHEREAS, Code of Virginia § 44-146.19.E. requires the City Council to formally review and re -adopt the City of Virginia Beach Emergency Operations Plan every four years; and WHEREAS, that last adoption of the City of the Virginia Beach Emergency Operation Plan occurred in 2008; and WHEREAS, the four-year review and revision of the City of Virginia Beach Emergency Operations Plan is complete. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby formally re -adopts the revised Virginia Beach Emergency Operations Plan. Adopted by the City Council of the City of Virginia Beach, Virginia, this 22nd day of May _'2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 j Aa4lc Fire bellartment CA12216 R-1 May 1, 2012 2012 City of Virginia Beach Emergency Operations Plan Abstract The intent of this abstract is to provide a brief overview of the City's Basic Emergency Operations Plan (EOP) and an outline of the City's response to a major emergency. Disasters are such that a flexible organization is needed to meet the challenge of an emergency. PURPOSE The purpose of the City's Emergency Operations Plan is to meet emergency management legal mandates and provide an organizational framework for a comprehensive and integrated response to natural, technological, war -caused, or human acts of terrorism in situations where specialized response coordination and integration is desirable. SITUATIONS AND ASSUMPTIONS Situations and assumptions that affect the City's emergency planning include the following: Situations The City is vulnerable to various natural, technological, and man-made threats. Hurricanes represent the primary catastrophic emergency facing the City. Other major natural hazards include winter storms and nor'easters. • Virginia Beach is at risk from intentional and non- intentional hazards for which planning is desirable. • Various legal authorities provide for an emergency management organization to respond to and foster the coordination of large-scale emergencies. Assumptions • The City has significant resources and manpower to deal with most emergencies. However, these resources can be quickly overwhelmed and exhausted when faced with a disaster. • The City will strive to plan for an accepted level of risk for those emergencies it might face realizing that total preparedness is not a realistic goal. • The public and businesses should be prepared for emergencies and the consequences associated with being isolated from public services due to emergencies. • The City would depend upon outside resources and assistance during major emergencies. In such instances, outside assistance may take up to 72 hours or longer to arrive and effectively deal with the consequences of an emergency. • Resources and manpower from across the City, region, and state will be solicited to meet the challenge of an emergency. • Large-scale emergencies can best be managed from a centralized location — the Emergency Operations Center (EOC). • Based upon anticipated or actual conditions, a local State of Emergency may be declared. • State and federal assistance can be expected as outlined in the emergency plans. • The City will strive to create an emergency management system compliant with the NIMS standards for response coordination. CONCEPTS OF OPERATIONS The following are central concepts that define the City's emergency management organization. Emergency Management Emergency management, as a concept of operations, refers to the art and science of managing large-scale emergencies. This management is based upon legal authorities and focuses on consolidated, integrated, and centralized strategies utilized in a disaster situation. Comprehensive Emergency Management Program Emergency management involves four phases of activities. Each function and activity of the emergency management organization needs to address each phase to ensure a comprehensive emergency response. A comprehensive approach is critical to ensure all aspects of an emergency are managed. Mitigation — Includes those actions taken to reduce or eliminate long-term risk to people and property from natural disasters and their effects. Increased Readiness — Includes activities that are taken to systematically prepare for a developing situation including: education, training, and exercise. Response — Includes those actions that are taken in anticipation of, or in response to, an actual emergency. Recovery — Includes activities and considerations associated with the post emergency period. National Incident Management System (NIMS) The City has adopted the concept of NIMS as a basis for its emergency management organization. These concepts provide direction for the City in the areas of Incident Command, emergency planning, external affairs, communications, and resources. Emergency Operations Center (EOC) The City will use its EOC to support the virtual or physical location for emergency management integration and coordination of emergency response activities. The facility will serve as the EOC, direction and control center, or serve as a Multi -Agency Coordination Center (MACC) to support the coordination of an incident, particularly an incident where an incident command post has been established. Incident Command System (ICS) The City's emergency services utilize a strict ICS structure and response policy for all incidents. The emergency management organization subscribes to a closely aligned model of ICS compliance. This alignment places particular emphasis on key ICS concepts: Incident Command, Command Staff, Sections, Branches, Operational Periods, Incident Action Plans, and Area Commands to support the efficient management of an incident and assist in the institutionalization of emergency management procedures within the City. ORGANIZATION The emergency management organization is established to provide an organizational framework that can work efficiently during an emergency and respond to the challenge of disasters. This organization is a phantom structure that brings together multiple internal and external agencies to provide a working group that responds to the various dimensions of emergencies. The Virginia Beach Emergency Management Organization is built around the basic incident command system. Key elements of this organization include Incident Command, Command Staff, Planning, Operations, Logistics, and Finance sections. Branch level elements are defined based upon roles and scope of the incident. This structure can expand and contract based upon the time, scope, and complexity of the incident. Incident Command Structure Assignments The City utilizes the ICS organizational structure as the basic structure of the emergency management organization. General assignments for this structure include the following: Incident Commander: City Manager/Fire Command Staff: Public Information: CM/ComIT/ECCS/Fire Liaison: City Attorney Liaison: Schools Liaison: Sheriff Planning Section: Emergency Management: Fire Damage Assessment: Real Estate/Agriculture Operations Section: Fire Police EMS Public Health Human Services Public Works Parks Planning Public Utilities Housing ECCS Logistics Section ComIT Facilities Management Human Services Finance/Purchasing Finance Finance/Risk Management Other Organizational Stakeholders Other agencies interface with the emergency management organization based upon the common goal of disaster response and the relationship of these agencies is based upon the legal structure of the Commonwealth. Some of the agencies that interface with the emergency management organization include: City Council Appointments, Constitutional Officials, Local State Offices, Judicial System, Military Facilities, Volunteer Organizations, Higher Education Institutions, Critical Infrastructure, HRPDC, Virginia Department of Emergency Management, etc. 2012 RESPONSIBILITIES The EOP outlines general and specific areas of responsibilities for agencies, some key responsibilities include the following: Office of Emergency Management The Office of Emergency Management is responsible for providing staff support to the City Manager/Director of Emergency Management and Fire Chief/Coordinator of Emergency Management in instances where the functions and structure of the emergency management organization is utilized to respond to the threat of an actual emergency incident and to support the integration of the emergency management organization into City operations. Common Responsibilities — All City Departments All agencies of the City of Virginia Beach should ensure that they are prepared to support emergency management operations whether they are tasked or not tasked in the plan. • Ensure that critical agency level functions are identified and contingencies in emergency situations are identified. • Prepare the appropriate internal procedures, emergency plans, or Standard Operating Procedures (SOPs) to address emergency situations. • Establish procedures to assess and report emergency conditions, injuries, loss of life, and damage to facilities and equipment. • Communicate emergency responsibilities to employees, ensure their readiness to respond to emergency situations and develop accountability systems. Provide support in non-traditional areas and roles beyond normal job assignments. Emergency Support Function (ESF) Responsibilities A core concept of this plan is the integration of ESFs into this plan. The federal and state ESFs provide a framework for emergency management operations and, in particular, recovery operations: ESF #01 —Transportation Primary Agencies: Public Works/Planning This area deals with the transportation infrastructure, transportation resources, and transportation systems of the community. ESF #02 — Communications Primary Agencies: ComlT/ECCS This area deals with the management of communications as it relates to emergency operations. Its scope includes all forms of data and voice communications. ESF #03 — Public Works/Public Utilities Primary Agencies: Public Works/Public Utilities/Housing/Planning/Parks This area deals with the infrastructure and operations to maintain the infrastructure and provide Public Works services. ESF #04 — Fire Fighting Primary: Fire This area deals with all Fire Department emergency services responses. ESF # 05 — Emergency Management Primary Agencies: Fire -OEM This area deals with the general area of emergency management planning and response. ESF # 06 - Mass Care, Emergency Assistance, and Housing Primary Agencies: Human Services, Housing This area deals with any services which meet individual needs, sheltering, mass care, individual assistance, and housing. ESF # 07 — Logistics and Support Services Primary Agencies: Com/T/Facilities/HR/Finance This area deals with the services, supplies, and equipment coordination needs to support emergency management operations. ESF # 08 — Health and Medical Services Primary Agencies: EMS/Public Health/Fire This area deals with all aspects of community health and emergency medical services needs and activities. ESF # 09 — Search and Rescue Primary Agencies: EMS/Fire/Police This area deals with all aspects of search and rescue operations that are shared by multiple agencies based upon specialty and mission. ESF #10 — Oil and Hazardous Materials Primary: Fire/Planning This area deals with the management and response to all hazardous materials. ESF #11 — Agriculture and Natural Resources Primary Agencies: Agriculture/Planning/Health This area deals with the management and response to incidents that affect the environment. ESF #12 — Energy Primary: Public Works This area deals with energy assurance, reliance, and restoration in the community. ESF #13 — Public Safety and Security Primary: Police/Sheriff This area deals with safety and security activities within the community. ESF #14 — Long -Term Recovery Primary: Economic Development/Human Services/Housing/Executive This area focuses on the coordination of resources to support the recovery of the community beyond the initial and intermediate recovery activities. ESF #15 — External Affairs Primary: Executive/ComIT/ECCS/MCG This area focuses on the dissemination of public information, emergency public information, and warnings. 2012 ESF # 16 — Military Affairs Primary: Executive/Fire This area focuses on the interrelationship with the community's military facilities and agencies in emergency management situations. ESF # 17 - Volunteers and Donations Management Primary: Fire/Volunteer Office/Human Resources This area focuses on the integration of volunteer resources and activities in emergency management situations. Donations management activities are also located under this function. ADMINISTRATION AND LOGISTICS The following are administrative and logistical considerations in the event of an emergency: • Normal practices and procedures will be maintained under emergency conditions to the extent possible. • Various predetermined activities may be required to prepare facilities for the effects of an emergency. These include the acquisition of supplies and materials and the relocation of equipment. • The City will utilize WebEOC as its crisis management system for coordination purposes. • The City will periodically establish goals for its emergency management organization. • The City will ensure that NIMS training standards are obtained by City staff. • The City will develop an exercise plan to ensure both hazard specific and functional response issues are regularly exercised. • The City may employ mutual aid and assistance to meet certain critical needs based upon state rules. PLAN DEVELOPMENT AND MAINTENANCE The Fire Department/Office of Emergency Management maintains the City's Emergency Operations Plan. Departments with responsibilities in functional areas are responsible for assisting and developing plans in their area of operations. Plans should be regularly updated and periodically tested to ensure practicality and utility. The plan is to be exercised annually as part of an exercise or in an actual emergency. AUTHORITIES AND REFERENCES • Code of Virginia • Code of the City of Virginia Beach • City of Virginia Beach Emergency Operations Plan • Commonwealth of Virginia Emergency Operations Plan • National Preparedness Framework • National Incident Management System Legal Authority Section 2-411,412, and 413 of the Code of the City of Virginia Beach and Commonwealth of Virginia Emergency Services and Disaster Laws, Title 44, Chapter 3.2 through 3.4, Code of Virginia, as amended. City of Virginia Beach Emergency Management Organization Deputy Director> Emergency Management Coordinator Public Information: :Incident PIO,'.City PIO, Joint' Information Center, ECCS/311 Intelligence Safety Officer Liaisons: City Attorney, Public Schools,Sheriff, Military, ARC, Judicial 2012 Emergency Management Branch Emergency Planning EOC Operations Damage' Assessment ' Public Safety Branch Fire EMS Police Sheriff Public Health ECCS Public Works Branch ` Public Works Public Utilities Planning - Permitting Housing and Neighborhood Preservation Codes Parks and Recreation - Landscape Technology Branch Public Assistance ComIT Branch Finance Resource Support Branch Public Works - Facilities Human Resources Finance - Purchasing Volunteers The City's emergency management organization is based upon the existing structure of government with the City Manager as Director of Emergency Services. The Emergency Services Coordinator and the Office of Emergency Management provide staff support to this organization. Various departments are organized under an Incident Command System (ICS). When activated, the emergency management organization is prepared to manage large-scale emergencies or threats of emergencies from the Emergency Operations Center (EOC). This organization expands and contracts based upon scope, size, complexity, and nature of the threat. -42 - Item -V-J.6 ORDINANCES/RESOLUTIONS ITEM #61903 The following registered to speak: Bill Stephany. 404 Pallets Road, Phone: 724-7698, spoke in OPPOSITION. Mr. Stephany requested the information indicating what the financing and bond refunding is going -for? Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED: Resolution for a Plan of Financing and Bond Refunding with the Development Authority re various public facilities and AUTHORIZE the execution and delivery of same Voting: 9-2 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. William R. "Bill" DeSteph and John D. Moss Council Members Absent: None May 22, 2012 RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing of various public facilities from time to time, including, the acquisition, replacement and/or upgrades of alarm system monitoring equipment, Bow Creek Recreation Center improvements, Burton Station Road Phase Il improvements, Centerville Turnpike interim improvements, communications infrastructure and equipment, Fire and Rescue Station improvements at Town Center, energy management renovations and replacements, Strategic Growth Area Program improvements, Virginia Aquarium renewals and replacements, and Williams Farm Community Recreation Center development and construction (collectively, the "2012 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing all or portions of certain Public Facility Revenue Bonds, Series 2003A and Lease Revenue Bonds (Social Services Facility), Series 1998 (collectively, the "Prior Bonds") previously issued by the Authority on behalf of the City to finance various public facilities, including the City's Social Services building; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its public facility revenue bonds in the maximum principal amount of $30,000,000 and its public facility refunding revenue bonds in the maximum principal amount of $35,000,000 (collectively, the "Series 2012 Bonds") in financing the 2012 Projects, refinancing all or a portion of the Prior Bonds and paying costs of issuing the Series 2012 Bonds; and WHEREAS, the City desires to complete the financing of the 2012 Projects and refunding of the Prior Bonds within the current fiscal year ending June 30, and in furtherance of such objective, the Authority at its May 15, 2012 meeting, upon presentation of the City's proposed financing plan by representatives of the City, approved the issuance of the Series 2012 Bonds for such purposes, subject to approval of the financing plan by the City Council of the City; and WHEREAS, there have been provided or made available to City Council of the City drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2012 Projects and the issuance and sale of the Series 2012 Bonds, which 4841-7455-3359.2 Documents were provided to the Authority in connection with the Authority's approval: (a) Fifth Supplemental Agreement of Trust draft dated June 1, 2012 (the "Fifth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form of the Series 2012 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2012 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Fourth Supplemental Support Agreement draft dated June 1, 2012, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2012 Bonds; (c) Preliminary Official Statement draft dated May 25 2012, of the Authority relating to the public offering of the Series 2012 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft June 1, 2012, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2012 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The following plan for financing the 2012 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2012 Bonds in a maximum aggregate principal amount not to exceed $65,000,000, of which not more than $30,000,000 will be for the 2012 Projects and not more than $35,000,000 will be for refunding the Prior Bonds. The Authority will use the proceeds of the Series 2012 Bonds to finance the costs of the 2012 Projects, to refund all or a portion of the Prior Bonds within the limitations set forth in paragraph (b) below and to pay the costs of issuing the Series 2012 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2012 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2012 Bonds will be limited to annual payments and additional payments received from the City. The Series 2012 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2012 Bonds. The 2 4841-7455-3359.2 undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for the 2012 Projects and refunding of the Prior Bonds shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Public Resources Advisory Group (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2012 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. (a) In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2012 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; provided the Series 2012 Bonds (i) shall mature not later than December 1, 2032, (ii) have a true or "Canadian" interest cost not exceeding 4.0% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 2022, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date. The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including 3 4841-7455-3359.2 determination of any serial maturities and any term maturities, for the Series 2012 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2012 Bonds in one or more series at the same time or at different times, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (b) The Series 2012 Bonds shall be sold by competitive bid in the principal amount determined by the City Manager, in collaboration with the Financial Advisor, and the City Manager shall receive bids and award the Series 2012 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraph above. Following the sale of the Series 2012 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2012 Bonds. The actions of the City Manager in approving the terms of the Series 2012 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2012 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2012 Bonds, determined as set forth in paragraph 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and distribution thereof to the purchaser or purchasers of the Series 2012 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2012 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2012 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2012 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2012 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post -Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2012 Bonds, including the use of the Gd 4841-7455-3359.2 projects financed or refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2012 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2012 Bonds, the undertaking of the 2012 Projects and the refunding of the Prior Bonds are hereby approved and ratified. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2012 Projects and refunding of the Prior Bonds through the issuance by the Authority of the Series 2012 Bonds. 12. This Resolution shall take effect immediately. E 4841-7455-3359.2 CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON MAY , 2012. Clerk, City Council of the City of Virginia Beach, Virginia Adopted by the City Council of the City of Virginia Beach, Virginia, this 2 2 n d day of May, 2012. APPROVED AS TO CONTENT: Finance Department 3 4841-7455-3359.2 APPROVED AS TO LEGAL SUFFICIENCY: )w" Ci Zy's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on May —, 2012, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Glenn R. Davis Bill R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley John D. Moss John E. Uhrin Rosemary Wilson James L. Wood PRESENT/ABSENT: VOTE: 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on May —, 2012. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of May, 2012. (SEAL) 7 4841-7455-3359.2 Clerk, City Council of the City of Virginia Beach, Virginia Public Facility Revenue Bonds, 2012 New Money, Project List Project Project Name Description Total PFRB FY -12 PFRB Number Planned Financing Financing 3-140 Energy This project accounts for energy performance $5,000,000 $612,682 Performance contract in City facilities and Pendleton. The project Contracts includes upgrades and improvements which provide energy consumption savings. Appropriate debt will be issued with the source of repayment for the energy savings. The contract will be evaluated at the end of 2 years. 3-281 Communication This is an on-going project systematically replacing $6,045,699 $1,045,699 Infrastructure various public safety communication infrastructure components. It concerns all equipment associated with receiving, dispatching, transponding, and answering public safety calls. 2-409 Centerville This project will provide two southbound lanes on $10,869,000 $462,650 Turnpike Centerville Turnpike from Jake Sears Road to Interim Broadwindsor Lane as well as a triple left turn lane Improvement at the intersection of Indian River Road and Centerville Turnpike. This roadway improvement will be part of a future six -lane section of the roadway. 3-021 Fire and Rescue This project will construct a 24,500 square foot (sf) $2,253,065 $300,401 Station - Town fire & rescue station (17,000 sf) including space for Center the Fire Marshal & District Chiefs (7,500 sf), to replace the existing 5,027 sf 4 -bay station built in 1952. The existing station supports 5 fire staff, 2 fire engines (1 is a spare) & 1 battalion vehicle & officer. In addition to this staffing, the replacement station will house 4 firefighters with a new ladder truck, 2 -to -5 EMS personnel, & 1 ambulance. The facility will include 4 apparatus bays, kitchen, bunkrooms, offices, decontamination area, emergency generator, sprinkler/alarm system, & a vehicle exhaust removal system. 3-102 Alarm System This project will replace the existing building alarm $461,584 $461,584 Monitoring monitoring system, "MOSCAD/Intrac", which is used by the City to provide alarm monitoring for 60 City facilities. This system is a legacy system that is at the end of its life, is maintained by the City's Radio Team, and monitored by the City's E-911 Center. 3-146 VA Aquarium This project provides for the replacement of $5,744,961 $94,985 Building building systems at the Virginia Aquarium to ensure Systems & they meet the American Museum Standards. Facility Infra This will involve all building systems, such as: heating, ventilation and air conditioning, electrical, plumbing, roof, carpet/flooring, carpentry, parking lots, and interior and exterior painting. Most of the building system items in this project are on a projected life-cycle (e.g. emergency generators, chillers and air handlers, fire alarm systems, water heaters, roofs, carpets, and parking lot resurfacing); therefore the programmed replacement provides for the replacement of all of the operating systems at the Aquarium based on a recommended schedule. 3-278 VA Aquarium This project is for refurbishment and/or $600,000 $122,408 Renewal & replacement of "behind the glass" Aquarium- Replacement — specific equipment and systems for the operation Phase II of the Virginia Aquarium. Examples of equipment include animal life support pumps, filters, ozone systems, radios, ticketing, point-of-sale system components, exhibit lighting, and computer and electronic items. Some renewals and replacements are needed to maintain compliance with government (e.g. US Department of Agriculture) and accreditation agency (e.g. American Zoo and Aquarium Association) requirements. 4-071 Williams Farm This project will fund the construction of the new $19,486,000 $19,486,000 Community Rec Williams Farm Community Recreation Center Ctr facility in the western Bayside area. The facility will be located in a dynamic location that will complement Diamond Springs Elementary School, Newtown Elementary School, Williams Elementary School, Bayside Middle School and Bayside High School. The entire site has been master planned to provide pedestrian linkages to adjacent neighborhoods as well as coordinated infrastructure improvements such a roadways, landscaping, parking, and storm water management facilities that serve the park, schools, and the new community recreation center. 4-505 Modernization This project will fund the design and construction $24,193,061 $794,206 of Bow Creek costs required to modernize the Bow Creek Community Rec Community Recreation Center and relocate the Ctr golf course pro shop and motorized golf cart storage facilities on the current site. The goal of this initiative is to extend the useful life of the community recreation center building and to maximize the recreational programming and related leisure opportunities that can be provided to the Bow Creek area community. 9-081 Strategic This project will provide planning and design $5,814,244 $1,296,139 Growth Area services, build or replace public infrastructure Program improvements, and acquire property as needed in order to support implementation of the Strategic Growth Area plans. In addition, the project will provide for consulting and SGA related initiatives. Priorities for the SGA implementation plan include Burton Station Village design and construction, Form Based Zoning, Newtown SGA Plan, and Wesleyan Drive Improvements. 9-085 Burton Station This project provides funding for design and $3,250,000 $58,324 Road construction of new streets with utilities and Improvements - drainage within an existing neighborhood where Ph II public sanitary sewer service, public water service and storm drainage are currently not available except in limited areas. The alignment of Burton Station Road will remain as currently exists, while all other roads will be new alignments to provide a residential area of redevelopment, and provide separate commercial development that transitions into the adjacent Northampton Boulevard corridor, Airport Industrial Park, and a golf course office park. The project is divided into several phases. Phase II is approximately 2,350 -feet of residential loop road 'U' shaped from Golf Road, crossing Burton Station Road, and back to Golf Road; and approximately 450 -feet of Golf Road south of Burton Station Road. 1-001 Renovations This project was created to separately identify $1,000,000 $477,463 and maintenance related projects which have the Replacements - potential to produce energy savings. This project Energy Mgmt will include ceiling/lighting improvements and window replacements. TOTAL $84,717,614 $25,212,541 City Council DRAFT FOURTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH, VIRGINIA Dated as of [June] 1, 2012 NOTE: THIS FOURTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS SUPPLEMENTED BY A FIRST SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, A SECOND SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF MAY 1, 2005, A THIRD SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF JUNE 11) 2007, A FOURTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF MAY I, 2010 AND A FIFTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF [JUNE 11, 2012, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND, VIRGINIA. 4817-9428-5839.2 TABLE OF CONTENTS Parties................................................................................................................................................. l Recitals...............................................................................................................................................1 GrantingClauses................................................................................................................................1 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section1.1 Definitions............................................................................................................... 2 Section 1.2 Rules of Construction............................................................................................. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority................................................................................. 4 Section 2.2 Representations by City.......................................................................................... 4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2012 Bonds.................................................................. 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section4.1 Amounts Payable.................................................................................................... 6 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption.................................................................................. 6 I 4817-9428-5839.2 ARTICLE VI SERIES 2012 ARBITRAGE REBATE FUND Section 6.1 Series 2012 Arbitrage Rebate Fund........................................................................ 6 Section 6.2 Rebate Requirements.............................................................................................. 7 Section 6.3 Calculation and Report of Rebate Amount............................................................. 7 Section 6.4 Payment of Rebate Amount.................................................................................... 7 Section 6.5 Reports by Trustee..................................................................................................8 Section 6.6 Disposition of Balance in Series 2012 Arbitrage Rebate Fund .............................. 8 ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants.......................................................................... Section7.2 Severability.................................................................................................. Section7.3 Severability.................................................................................................. Section 7.4 Successors and Assigns................................................................................ Section7.5 Counterparts................................................................................................. Section7.6 Governing Law............................................................................................ Signatures Receipt Exhibit A — Schedule or Payments Exhibit B — Description of Series 2012 Projects ii 4817-9428-5839.2 A-1 B-1 THIS FOURTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of [June] 1, 2012, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorities the Authority to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010 and a Fifth Supplemental Agreement of Trust dated as of [June 11, 2012, all between the Authority and the Trustee (collectively, the "Agreement of Trust"), its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds; and WHEREAS, in furtherance of the purposes of the Act, the Authority and the City have entered into a support agreement dated as of September 1, 2003 (the "Master Support Agreement"), as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007 and a Third Supplemental Support Agreement dated as of May 1, 2010 pursuant to which the Authority has agreed to loan from time to time such proceeds to the City, and the City has agreed to repay such loans, subject to appropriation by the City council from time to time of sufficient moneys for such purpose; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue two series of Bonds in the aggregate principal amount of S (the "Series 2012 Bonds") and to loan such proceeds to the City to finance the cost of the Series 2012 Projects and refund the Prior Bonds (as such terms are hereinafter defined) pursuant to the terms of this Fourth Supplemental Support Agreement; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Fourth Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Fourth Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Fourth Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Fourth Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented by the Fifth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Fifth Supplemental Agreement of Trust" shall mean the Fifth Supplemental Agreement of Trust dated as of [June] 1, 2012, between the Authority and the Trustee, which supplements the Agreement of Trust. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003, between the Authority and the City. "Prior Bonds" shall mean the maturities of the Authority's Public Facility Revenue Bonds, Series 2003A and its Lease Revenue Bonds (Social Services Facility), Series 1998, described in the Fifth Supplemental Agreement of Trust. "Series 2012 Bonds" shall mean the Series 2012A Bonds and the Series 2012B Bonds. 2 4817-9428-5839.2 "Series 2012 Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects as set forth on Exhibit B. "Series 2012 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Series 2012A Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2012A, authorized to be issued pursuant to the Fifth Supplemental Agreement of Trust. "Series 2012B Bonds" shall mean the Authority's $ Public Facility Refunding Revenue Bonds, Series 2012B, authorized to be issued pursuant to the Fifth Supplemental Agreement of Trust. "Support Agreement" shall mean the Master Support Agreement as previously supplemented and amended and as supplemented and amended by this Fourth Supplemental Support Agreement. "Fourth Supplemental Support Agreement" shall mean this Fourth Supplemental Support Agreement dated as of [June] 1, 2012, between the Authority and the City, which supplements the Master Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply o the construction of this Fourth Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Fourth Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Fourth Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Fourth Supplemental Support Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 3 4817-9428-5839.2 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; M 4817-9428-5839.2 (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or (3) the ability of the City to undertake the Series 2012 Projects or refunding of the Prior Bonds. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2012 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2012 bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. 61 4817-9428-5839.2 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto on or before the due dates set forth in such exhibit. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause the Series 2012 Bonds to be redeemed as set forth in such Series 2012 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of the Series 2012 Bonds as set forth in the Series 2012 Bonds. The Series 2012 Bonds shall be prepaid or redeemed in the manner and at the times set forth in the Series 2012 Bonds. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2012 Bonds on the date or dates of their redemption. The City shall give the Trustee notice of any redemption of such Series 2012 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2012 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. ARTICLE VI SERIES 2012 ARBITRAGE REBATE FUND Section 6.1 Series 2012 Arbitrage Rebate Fund. 0 4817-9428-5839.2 There is hereby established the City of Virginia Beach, Virginia, Series 2012 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2012 Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2012 Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2012 Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying the exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2012 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the code, as provided in this Article, and shall retain records of all such determinations until six years after payment of the Series 2012 Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects [December 11 as the end of the bond year with respect to the Series 2012 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2012 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2012 Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date or on or before 60 days after every fifth anniversary date thereafter until final payment of the Series 2012 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2012 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final 7 4817-9428-5839.2 payment of the Series 2012 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2012 Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2012 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each July 1 and within 10 days after the final payment of the Series 2012 Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2012 Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2012 Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2012 Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the faculties financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion 4817-9428-5839.2 of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2012 Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. Section 7.2 Post -Issuance Compliance. After the Series 2012 Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed or refinanced with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post -Issuance Compliance Policy and Procedures (the "Policy") for general obligation bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy. Section 7.3 Severability. If any provision of this Fourth Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.4 Successors and Assigns. This Fourth Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.5 Counterparts. This Fourth Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Fourth Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. E 4817-9428-5839.2 IN WITNESS WHEREOF, the parties have caused this Fourth Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 0 Chairman CITY OF VIRGINIA BEACH, VIRGINIA ME Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee 0 Title: 10 4817-9428-5839.2 City Manager RECEIPT Receipt of the foregoing original counterpart of the Fourth Supplemental Support Agreement dated as of [June] 1, 2012, between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK, NATIONAL ASSOCIATION, as Trustee Title: 11 4817-9428-5839.2 SCHEDULE OF PAYMENTS FEW 4817-9428-5839.2 EXHIBIT A EXHIBIT B DESCRIPTION OF SERIES 2012 PROJECTS The following sets forth brief descriptions of the Series 2012 Projects to be financed in whole or in part with the proceeds of the Series 2012A Bonds: FY -12 Public Facility Revenue Bond Financing Project List Project Project Name Description Programmed PFRB Number Cost Financing 3-140 Energy This project accounts for energy performance $5,000,000 $5,000,000 Performance contract in City facilities and Pendleton. The project Contracts includes upgrades and improvements which provide energy consumption savings. Appropriate debt will be issued with the source of repayment for the energy savings. The contract will be evaluated at the end of 2 years. 3-281 Communication This is an on-going project systematically replacing $24,125,000 $6,045,699 Infrastructure various public safety communication infrastructure components. It concerns all equipment associated with receiving, dispatching, transponding, and answering public safety calls. 2-409 Centerville This project will provide two southbound lanes on $11,369,000 $10,869,000 Turnpike Centerville Turnpike from Jake Sears Road to Interim Broadwindsor Lane as well as a triple left turn lane Improvement at the intersection of Indian River Road and Centerville Turnpike. This roadway improvement will be part of a future six -lane section of the roadway. 3-021 Fire and Rescue This project will construct a 24,500 square foot (sf) $9,435,000 $2,253,065 Station - Town fire & rescue station (17,000 sf) including space for Center the Fire Marshal & District Chiefs (7,500 sf), to replace the existing 5,027 sf 4 -bay station built in 1952. The existing station supports 5 fire staff, 2 fire engines (1 is a spare) & 1 battalion vehicle & officer. In addition to this staffing, the replacement station will house 4 firefighters with a new ladder truck, 2 -to -5 EMS personnel, & 1 ambulance. The facility will include 4 apparatus bays, kitchen, bunkrooms, offices, decontamination area, emergency generator, sprinkler/alarm system, & a vehicle exhaust removal system. 4817-9428-5839.2 3-102 Alarm System This project will replace the existing building alarm $1,723,000 $461,584 Monitoring monitoring system, "MOSCAD/Intrac", which is used by the City to provide alarm monitoring for 60 City facilities. This system is a legacy system that is at the end of its life, is maintained by the City's Radio Team, and monitored by the City's E-911 Center. 3-146 VA Aquarium This project provides for the replacement of building $9,273,016 $5,744,961 Building systems at the Virginia Aquarium to ensure they Systems & meet the American Museum Standards. This will Facility Infra involve all building systems, such as: heating, ventilation and air conditioning, electrical, plumbing, roof, carpet/flooring, carpentry, parking lots, and interior and exterior painting. Most of the building system items in this project are on a projected life- cycle (e.g. emergency generators, chillers and air handlers, fire alarm systems, water heaters, roofs, carpets, and parking lot resurfacing); therefore the programmed replacement provides for the replacement of all of the operating systems at the Aquarium based on a recommended schedule. 3-278 VA Aquarium This project is for refurbishment and/or replacement $1,425,000 $600,000 Renewal & of "behind the glass" Aquarium -specific equipment Replacement — and systems for the operation of the Virginia Phase II Aquarium. Examples of equipment include animal life support pumps, filters, ozone systems, radios, ticketing, point-of-sale system components, exhibit lighting, and computer and electronic items. Some renewals and replacements are needed to maintain compliance with government (e.g. US Department of Agriculture) and accreditation agency (e.g. American Zoo and Aquarium Association) requirements. 4-071 Williams Farm This project will fund the construction of the new $24,650,058 $19,486,000 Community Rec Williams Farm Community Recreation Center facility Ctr in the western Bayside area. The facility will be located in a dynamic location that will complement Diamond Springs Elementary School, Newtown Elementary School, Williams Elementary School, Bayside Middle School and Bayside High School. The entire site has been master planned to provide pedestrian linkages to adjacent neighborhoods as well as coordinated infrastructure improvements such a roadways, landscaping, parking, and storm water management facilities that serve the park, schools, and the new community recreation center. C 4817-9428-5839.2 4-505 Modernization This project will fund the design and construction $24,193,061 $24,193,061 of Bow Creek costs required to modernize the Bow Creek Community Rec Community Recreation Center and relocate the golf Ctr course pro shop and motorized golf cart storage facilities on the current site. The goal of this initiative is to extend the useful life of the community recreation center building and to maximize the recreational programming and related leisure opportunities that can be provided to the Bow Creek area community. 9-081 Strategic This project will provide planning and design $29,500,000 $5,814,244 Growth Area services, build or replace public infrastructure Program improvements, and acquire property as needed in order to support implementation of the Strategic Growth Area plans. In addition, the project will provide for consulting and SGA related initiatives. Priorities for the SGA implementation plan include Burton Station Village design and construction, Form Based Zoning, Newtown SGA Plan, and Wesleyan Drive Improvements. 9-085 Burton Station This project provides funding for design and $3,250,000 $3,250,000 Road construction of new streets with utilities and Improvements - drainage within an existing neighborhood where Ph II public sanitary sewer service, public water service and storm drainage are currently not available except in limited areas. The alignment of Burton Station Road will remain as currently exists, while all other roads will be new alignments to provide a residential area of redevelopment, and provide separate commercial development that transitions into the adjacent Northampton Boulevard corridor, Airport Industrial Park, and a golf course office park. The project is divided into several phases. Phase II is approximately 2,350 -feet of residential loop road 'U' shaped from Golf Road, crossing Burton Station Road, and back to Golf Road; and approximately 450 -feet of Golf Road south of Burton Station Road. 1-001 Renovations This project was created to separately identify $14,426,286 $1,000,000 and maintenance related projects which have the Replacements - potential to produce energy savings. This project Energy Mgmt will include ceiling/lighting improvements and window replacements. TOTAL $158,369,421 $84,717,614 Series 2012A Public Facility Revenue Bonds Amount $25,000,000 4817-9428-5839.2 City Council DRAFT FIFTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY s U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of [June 1], 2012 4820-6324-5583.3 Parties Recitals Granting Clause TABLE OF CONTENTS ARTICLE I FIFTH SUPPLEMENTAL AGREEMENT 1 1 1 Section 1-101. Authorization of Fifth Supplemental Agreement..............................................2 Section1-102. Definitions..........................................................................................................2 Section 1-103. Rules of Construction........................................................................................3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2012 BONDS Section 2-201. Authorization of Series 2012 Bonds and Series 2012 Projects ..........................4 Section 2-202. Details of Series 2012 Bonds.............................................................................4 Section 2-203. Form of Series 2012 Bonds................................................................................5 Section 2-204. Securities Depository Provisions.......................................................................5 Section 2-205. Delivery of Series 2012 Bonds..........................................................................6 ARTICLE III REDEMPTION OF SERIES 2012 BONDS Section 3-301. Redemption Date and Price...............................................................................6 Section 3-302. Selection of Series 2012 Bonds for Redemption...............................................7 Section 3-303. Notice of Redemption........................................................................................7 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2012 BONDS Section 4-401. Application of Proceeds of Series 2012 Bonds...................................................8 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2012A Project Account...........................................................................9 Section 5-502. Series 2012B Project/Refunding Account.........................................................9 i 4820-6324-5583.3 ARTICLE VI SECURITY FOR SERIES 2012 BONDS Section 6-601. Security for Series 2012 Bonds..........................................................................9 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds...............................................................................9 Section7-702. Limitation of Right..........................................................................................10 Section7-703. Severability......................................................................................................10 Section 7-704. Successors and Assigns....................................................................................10 Section7-705. Applicable Law................................................................................................10 Section 7-706. Counterparts.....................................................................................................10 Exhibit A — Form of Series 2012A Bond Exhibit B — Form of Series 2012B Bond Exhibit B — Refunded Prior Bonds ii 4820-6324-5583.3 A-1 B-1 C-1 This FIFTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of [June] 1, 2012, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, the Second Supplemental Agreement of Trust dated as of May 1, 2005, the Third Supplemental Agreement of Trust dated as of June 1, 2007 and the Fourth Supplemental Agreement of Trust dated as of May 1, 2010 pursuant to which the Authority has agreed to issue from time to time public facility revenue bonds or notes and use the proceeds thereof to finance costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia (the "City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2012 Projects (as hereinafter defined) and public facility refunding revenue bonds to refund all or portions of the Authority's Public Facility Revenue Bonds Series 2003A and its Lease Revenue Bonds (Social Services Facility), Series 1998 to provide debt service savings; and WHEREAS, the Authority has agreed to issue the Series 2012 Bonds (as hereinafter defined) in the aggregate principal amount of $ , secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010 and a Fourth Supplemental Support Agreement dated as of [June 11, 2012 (the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2012 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Fifth Supplemental Agreement of Trust (the "Fifth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2012 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I FIFTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Fifth Supplemental Agreement. This Fifth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2012 Bonds and to the holder thereof, except as otherwise provided in this Fifth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Fifth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Fifth Supplemental agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement dated as of 2012 between the Authority and the Trustee in its capacity as escrow agent. "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2012 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Prior Bonds" shall mean the Authority's Public Facility Revenue Bonds Series 2003A and Lease Revenue Bonds (Social Services Facility) Series 1998 listed on Exhibit C hereto. "Project" or "Projects" shall have the meaning set forth in the Support Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2012 Bonds appointed pursuant to Section 2-204, and their successors. "Series 2012 Bonds" shall mean the Series 2012A Bonds and the Series 2012B Bonds. "Series 2012 Projects" shall mean have the meaning set forth in the Support Agreement. 2 4820-6324-5583.3 "Series 2012A Bonds" shall mean Authority's $ Public Facility Revenue Bonds, Series 2012A, authorized to be issued pursuant to this Fifth Supplemental Agreement. "Series 2012A Project Account" shall mean the Series 2012A Project Account established in Section 4-501 of this Fifth Supplemental Agreement. "Series 2012B Bonds" shall mean Authority's $ Public Facility Refunding Revenue Bonds, Series 2012B, authorized to be issued pursuant to this Fifth Supplemental Agreement. "Series 2012B Project Account" shall mean the Series 2012B Project Account established in Section 4-502 of this Fifth Supplemental Agreement. "Fifth Supplemental Agreement" shall mean this Fifth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Fifth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2012 Bonds shall not be deemed to refer to or connote the payment of Series 2012 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Fifth Supplemental Agreement. (d) The headings herein and Table of Contents to this Fifth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Fifth Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2012 Bonds are references to payment of principal of and interest on the Series 2012 Bonds. 3 4820-6324-5583.3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2012 BONDS Section 2-201. Authorization of Series 2012 Bonds and Series 2012 Projects. There are hereby authorized to be issued the Series 2012A Bonds in an aggregate principal amount of $ and Series 2012B Bonds in an aggregate principal of $ (a) to finance the Cost of the Series 2012 Projects, (b) to refund the Prior Bonds and (c) finance costs incident to issuing the series 2012 Bonds, in accordance with Article IV hereof. Section 2-202. Details of Series 2012 Bonds. (a) The Series 2012A Bonds shall be designated "Public Facility Revenue Bonds, Series 2012A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2012A Bonds shall bear interest at rates, payable semiannually on each June 1 and December 1, beginning December 1, 2012, and shall mature in installments on December 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2012 $ % 2023 $ % 2013 2024 2014 2025 2015 2026 2016 2027 2017 2028 2018 2029 2019 2030 2020 2031 2021 2032 2022 (b) The Series 2012B Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2012B," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2012B Bonds shall bear interest at rates, payable semiannually on each June 1 and December 1, beginning December 1, 2012, and shall mature in installments on December 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2012 $ % 2016 $ % 2013 2017 2014 2022 4 4820-6324-5583.3 2015 2023 (c) Each Series 2012 Bond shall bear interest (a) from its date, if such Series 2012 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2012 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2012 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360 -day year of twelve 30 -day months. (d) Principal of the Series 2012 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2012 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2012 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the first day of the month of each interest payment date; provided, however, if the Series 2012 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2012 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2012 Bonds is not a Business day, the payment may be made on the next business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2012 Bonds. The Series 2012A Bonds shall be in substantially the form set forth n Exhibit A and the Series 2012B shall be in substantially the form set forth in Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Fifth Supplemental Agreement Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2012 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book -entry system to be maintained by the Securities Depository with respect to the Series 2012 Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2012 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2012 Bonds shall be able to obtain certificated Series 2012 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2012 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A or Exhibit B, as applicable; provided, however, that such form shall provide for interest on the Series 2012 Bonds to be payable (i) from June _, 2012 if it 5 4820-6324-5583.3 is authenticated prior to [December 1, 20121 or (ii) otherwise from the June 1 or December 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2012 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2012 Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2012 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2012 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2012 Bonds, (B) notwithstanding anything to the contrary in this Fifth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Fifth Supplemental Agreement to registered holder(s) of the Series 2012 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2012 Bonds and (E) in the event of any inconsistency between the provisions of this Fifth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2012 Bonds. The Trustee shall authenticate and deliver the Series 2012 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2012 BONDS Section 3-301. Redemption Date and Price. (a) Optional Redemption. The Series 2012 Bonds may not be called for redemption by the Authority except as follows. The Series 2012 Bonds maturing on or after December 1, 2023 may be redeemed by the Authority, at the direction of the City, on or after December 1, 2022, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2012 Bonds to be redeemed plus interest accrued to the redemption date. (b) [[Mandatory Redemption. The Series Bonds maturing on December 1, are required to be redeemed prior to maturity in part upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date on December 1 in years and amounts, as follows: 6 4820-6324-5583.3 Year Amount The Series Bonds maturing on December 1, , are required to be redeemed prior to maturity in part upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date on December 1 in years and amounts, as follows:] Year Amount Section 3-302. Selection of Series 2012 Bonds for Redemption. If less than all of the Series 2012 Bonds are called for redemption, the Series 2012 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2012 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2012 Bonds for redemption, each Series 2012 Bond shall be considered as representing that number of Series 2012 bonds which is obtained by dividing the principal amount of such Series 2012 Bonds by $5,000. If a portion of a Series 2012 Bond shall be called for redemption, a new Series 2012 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2012 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2012 Bond to be redeemed at his address as it appears on the registration books kept by the Trustee, (b) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory 7 4820-6324-5583.3 statement of any federal or state administrative bond having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2012 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2012 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2012 Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2012 Bondholders. Any Series 2012 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure to the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2012 Bondholders that the redemption did not occur and that the Series 2012 Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2012 BONDS Section 4-401. Application of Proceeds of Series 2012 Bonds. (a) The proceeds of the Series 2012A Bonds ($ ) shall be paid to the Trustee and shall be transferred to the City for deposit into the Series 2012A Project Account in the Project Fund. (b) The proceeds of the Series 2012B Bonds ($ ) shall be paid to the Trustee in its capacity as escrow agent and deposited upon receipt under the Escrow Deposit Agreement. The remaining balance ($ ) and shall be transferred to the City for deposit into the Series 2012B [Project Account.] 8 4820-6324-5583.3 ARTICLE V ESTABLISHMENT OF ACCOUNT Series 5-501. Series 2012A Project Account. There shall be established within the Project Fund a special account entitled "Series 2012A Project Account." The portion of the proceeds of the Series 2012A Bonds specified in Section 4.401(a), together with good faith deposit in the amount of $ previously paid to the City, shall be deposited by the City in the Series 2012A Project Account. Money in the Series 2012A Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust. Series 5-502. Series 2012B [Project/Refunding] Account. There shall be established within the Project fund a special account entitled "Series 2012B [Project] Account." The portion of the proceeds of the Series 2012B Bonds specified in Section 4.401(b) shall be deposited by the City in the Series 2012B Account. Money in the Series 2012B Account shall be used in accordance with the provisions of Section [603] of the Master Agreement of Trust. ARTICLE VI SECURITY FOR SERIES 2012 BONDS Section 6-601. Security for Series 2012 Bonds. The Series 2012 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B and its $45,450,000 Public Facility Revenue Bonds, Series 2010C and any other series issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. The Authority intends that interest on the Series 2012 Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2012 Bonds not to take any action that would adversely affect, and to take all action within its 9 4820-6324-5583.3 power necessary to maintain, the exclusion of interest on all Series 2012 Bonds from gross income for Federal income taxation purposes. Section 7-702. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Fifth Supplemental Agreement or the Series 2012 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2012 Bonds any legal or equitable right, remedy or claim under or in respect to this Fifth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Fifth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 7-703. Severability. If any provision of this Fifth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Fifth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 7-704. Successors and Assigns. This Fifth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7-705. Applicable Law. This Fifth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 7-706. Counterparts. This Fifth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 10 4820-6324-5583.3 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Fifth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 211A U.S. BANK NATIONAL ASSOCIATION, As Trustee Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH, VIRGINIA, M. Title: 11 4820-6324-5583.3 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED AR -1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA REGISTERED CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2012A INTEREST RATE MATURITY DATE DATED DATE CUSIP % December 1, , 2012 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each June 1 and December 1, beginning December 1, 2012 at the annual rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from , 2012, if this bond is authenticated prior to December 1, 2012, or (b) otherwise from the June 1 or December 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear A-1 4820-6324-5583.3 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month of each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by low to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2012A (the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of March 1, 2010 and a Fifth Supplemental Agreement of Trust dated as of [June 11, 2012 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, and a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Agreement of Trust dated as of May 1, 2010 and a Fourth Supplemental Support Agreement dated as of [June 11, 2012 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B and its $17,000,000 Public Facility Revenue A-2 4820-6324-5583.3 Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B and its $45,450,000 Public Facility Revenue Bonds, Series 2010C (the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to (a) finance the acquisition, construction and equipping of various capital improvements for the City and public school purposes and (b) pay costs incurred in issuing the Bonds, Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FRO THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in is individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. A-3 4820-6324-5583.3 The Bonds maturing on or after December 1, 2023, may be redeemed prior to their respective maturities on or after December 1, 2022, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority. If less than all of the bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later that the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and 4820-6324-5583.3 deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. (SEAL) CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY IIn Chairman Attest: Secretary A-5 4820-6324-5583.3 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2012 This Bond is one of the Series 2012A Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee L-02 Authorized Officer A-6 4820-6324-5583.3 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. A-7 4820-6324-5583.3 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. EXHIBIT B Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED BR -1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA REGISTERED CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2012B INTEREST RATE MATURITY DATE DATED DATE CUSIP % December 1, , 2012 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each June 1 and December 1, beginning December 1, 2012, at the annual rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from , 2012, if this bond is authenticated prior to December 1, 2012, or (b) otherwise from the June 1, and December 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month of B-1 4820-6324-5583.3 each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by low to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Refunding Revenue Bonds, Series 2012B (the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010 and a Fifth Supplemental Agreement of Trust dated as of [June 11, 2012 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, and a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Agreement of Trust dated as of March 1, 2010 and a Fourth Supplemental Support Agreement dated as of [June 11, 2012 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B and its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B and its $45,450,000 Public Facility Revenue Bonds, Series 2010C (the "Parity Bonds"). IM 4820-6324-5583.3 Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to refund certain of the Authority's public facility revenue bonds and lease revenue bonds previously issued for the benefit of the City and pay costs incurred in issuing the Bonds, Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FRO THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in is individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after December 1, 2023, may be redeemed prior to their respective maturities on or after December 1, 2022, at the option of the Authority, at the 4820-6324-5583.3 direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority. If less than all of the bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later that the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in B-4 4820-6324-5583.3 authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. (SEAL) CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY LO -Z Chairman Attest: Secretary B-5 4820-6324-5583.3 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2012 This Bond is one of the Series 2012B Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee :. 4820-6324-5583.3 Authorized Officer ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. B-7 4820-6324-5583.3 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Preliminary, subject to change. C-1 4820-6324-5583.3 SUMMARY OF REFUNDED PRIOR BONDS Maturity CUSIP Interest Par Call Call Bonds Date Number Rate Amount Date Price Lease Revenue Bonds, 12/1/2012 92774G 4.75% $ 575,000 7/23/2012 100% (Soc. Service) Series 12/1/2013 92774G 4.80 605,000 7/23/2012 100 1998 12/1/2014 92774G 4.80 635,000 7/23/2012 100 12/1/2015 92774G 5.00 670,000 7/23/2012 100 12/1/2017 92774G 5.00 1,445,000 7/23/2012 100 $3,930,000 Public Facility Revenue 12/1/2022 92774G 5.00% $12,285,000 12/1/2013 100% Bonds, Series 2003A 12/1/2023 92774G 4.75 12,910,000 12/1/2013 100 $25,195,000 Preliminary, subject to change. C-1 4820-6324-5583.3 Item -V-K PLANNING 1. CHESTER DAVIS and CHRISTINE W. RUDOLF 2. SCOTT OVERTON 3. NCC DEVELOPMENT, LL Cl FULTON BANK 4. BURNETTE DEVELOPMENT, LLC/ ABCS INVESTMENT GROUP, LLC S. POINT TO POINT/DIAMON SPRINGS SHOPPES ASSOCIATES, LLC 6. CHRISTYDEVORE-HOLLAND -43 - ITEM #61904 7. HOME ASSOCIATES OF VIRGINIA, INC. STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONS MODIFICATION OF CONDITIONAL CHANGE OF ZONING May 22, 2012 Item -V-KJ PLANNING -44 - ITEM #61905 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 3(DEFERRED INDEFINATELY), 4, 5, 6 and 7 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 Item -V-KI PLANNING -45 - ITEM #61906 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT Application of CHESTER DA VIS and CHRISTINE W. RUDOLF for the closure of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 13, 805 Vanderbilt Avenue, Croatan Beach DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHESTER DAVIS and CHRISTINE W. RUDOLF for the closure of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 13, 805 Vanderbilt Avenue, Croatan Beach DISTRICT 6 — BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The Resubdivision Plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include dedication to the City of Virginia Beach of a drainage easement over the closed portion of the alley, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the private utility companies indicate that there are no utilities within the right-of-way proposed for closure. If private utilities do exist, easements, satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval shall be considered null and void. 5. Once the Street Closure Ordinance and Resubdivision Plat have been recorded, the applicants shall either (a) remove all accessory structures from within the yard setback area or (b) make application to and obtain from the Board of Zoning Appeals a variance to the setback requirement for the structures. May 22, 2012 Item -V-K.1 PLANNING -46 - ITEM #61906(Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Second day of May, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 CHESTER DAVIS RUDOLF, IV AND CHRISTINE 3 WARREN RUDOLF FOR THE CLOSURE OF A 4 PORTION OF THE UNIMPROVED, UNNAMED 5 ALLEY ADJACENT TO LOT 19, BLOCK 13, 805 6 VANDERBILT AVENUE IN CROATAN 7 8 WHEREAS, Chester Davis Rudolf, IV and Christine Warren Rudolf (the 9 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described alley discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said alley be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described alley be discontinued, closed and vacated, 22 subject to certain conditions being met on or before one (1) year from City Council's 23 adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as the 7.50' X 50.00' portion of the shaded area, 28 described as "Denotes 375 sq. ft. Of Alley To Be Closed", 29 adjacent to Lot 19, in Block 13, Croatan Beach, said lot also 30 identified as "LOT 19", as shown on that certain plat entitled: 31 "STREET CLOSURE EXHIBIT OF LOT 19, BLOCK 13 AND 32 PORTION OF 15' ALLEY TO BE CLOSED CROATAN 33 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA" 34 Scale: 1" = 20', dated MARCH 28, 2012, prepared by Ricks 35 Palmer Jones Professional Land Surveyor, a copy of which 36 is attached hereto as Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-37-6815-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 5. Once the Street Closure Ordinance and resubdivision plat have been 77 recorded, the applicants shall either (a) remove all accessory structures from within the 78 yard setback area or (b) make application to and obtain from the Board of Zoning 79 Appeals a variance to the setback requirement for the structures, for setback variances 80 to the Board of Zoning Appeals. 81 82 SECTION III 83 84 1. If the preceding conditions are not fulfilled on or before May 21, 2013, 85 this Ordinance will be deemed null and void without further action by the City Council. 86 87 2. If all conditions are met on or before May 21, 2013, the date of final 88 closure is the date the street closure ordinance is recorded by the City Attorney. 2 89 90 3. In the event the City of Virginia Beach has any interest in the 91 underlying fee, the City Manager or his designee is authorized to execute whatever 92 documents, if any, that may be requested to convey such interest, provided said 93 documents are approved by the City Attorney's Office. 94 95 SECTION IV 96 97 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 98 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 99 OF VIRGINIA BEACH as "Grantor" and CHESTER DAVIS RUDOLF, IV and 100 CHRISTINE WARREN RUDOLF, as "Grantee." 101 102 Agopted by the Council of the City of Virginia Beach, Virginia, on this 103 22nd day of ay , 2012. CA 12144 R-1 May 2, 2012 3 APPROVED AS TO CONTENT: 12 ent APPROVED AS TO LEGAL SUFFICIENCY: Wt(64 UUVi ti ta-✓ City Attorney ATLANf1C OCA„•....—'' i4 P11.A41T10 AVE 'q F 22 { ;, N Y EXHIBIT "A" I Z 0GWA-aJ,Z !NIdO (v1gO"O10wmz 0'a1SN) VAO`1VS1Vd VNaI JN Hov39Nv1voao OZ 101 C! " F- �-j O ? J O ,OTIN a A1.Xb.LL N --j- S W W a Yq W W� W >x 4� J W Iia OlB9•Z NId4 �y w� (9Osb000LMOCO900900z M'a1sN0jg�j b09'Od'"is, 'a) SIaaVH'13116OdHo 4 SIaaVH'A move °J ,cW WN (4 99L000040900Z N'aASNI) HOV39 NVLVOaO Cl 910019 'A311V S L d0 NOILaOd 039010 ONV 9l LOl dO Noswaan93a VOL 101 F 8 -47 - Item -V-K2 PLANNING ITEM #61907 The following individual registered to speak. - Steve Test, 222 Central Park Avenue, Phone: 499-8800, spoke in OPPOSITION. Mr. Test supports the Planning Commission's Recommendation to DENY the Permit. Mr. Test is concerned for safety and neighborhood. Council Lady Henley made a Motion to DENY, seconded by Councilman Uhrin. Councilman DeSteph made a Substitute Motion to Defer Indefinitely, seconded by Councilman Moss as the Applicant did not appear. Upon Substitute Motion by Councilman DeSteph, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY, Application of SCOTT OVERTON for a Conditional Use Permit re a home occupation firearm sales) at 2325 Litchfield Way. DISTRICT 7 - PRINCESS ANNE Voting: 7-4 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, John D. Moss, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Absent: Fill=- May 22, 2012 Item -V-K.3 PLANNING -48 - ITEM #61908 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Application of NCC DEVELOPMENT, LLCIFULTON BANK for a Conditional Use Permit re a car wash/auto repair at 1525 General Booth. DISTRICT 6 — BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Mayor William D. James L. Wood Council Members Voting Nay: None Council Members Absent: None Henley, Vice Mayor Louis R. Jones, John D. Moss, Sessoms, Jr., John E. Uhrin, Rosemary Wilson and May 22, 2012 Item -V-K4 PLANNING -49 - ITEM #61909 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of BURNETTE DEVELOPMENT, LLC/ABCS INVESTMENT GROUP, LLC for a Conditional Use Permit re a mini-warehouse/self storage at 965 South Oriole Drive. DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BURNETTE DEVELOPMENT, LLC/ABCS INVESTMENT GROUP, LLC for a Conditional Use Permit re a mini-warehouse/self storage at 965 South Oriole Drive. (GPIN 2418609901) DISTRICT 6 —BEACH The following conditions shall be required: The Site shall be developed substantially in accordance with the submitted Plan entitled "Preliminary Plan of 965 South Oriole Drive Self -Storage for G. Thomas Minton ", prepared by Kellam Gerwitz Engineering -Surveying -Planning, dated 4/7/11 and revised 12/23/11, except the Applicant/Developer shall install Category I screening within five (5) feet of the Western and Northern building walls. Said Plan has been exhibited to the City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations. There shall be no openings along the Southern wall of the building. Said elevations have been exhibited to the City Council and are on file in the Planning Department. 3. Signage for the Site shall be reviewed and approved by Zoning/Current Planning. The decorative banners on the front of the building may be allowed, provided there is no signage on the banners. 4. A Photometric Plan shall be submitted for review during detailed Site Plan review. The Plan shall include the location of all poles and building mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low- level security lighting for non -business hours. No lighting will be permitted on the Southern side of the site adjacent to the residential/apartment areas. 5. Mechanical equipment (HVAC) shall not be located on the Southern side of the building or site. 6. The facility shall close between the hours of 9:00 P.M. and 6:00 A.M. May 22, 2012 Item -V-K4 PLANNING -50 - ITEM #61909(Continued) This Ordinance shall be effective in accordance with Section 107(fof the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Second day of May, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms James L. Wood Council Members Voting Nay: None Council Members Absent: None "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and May 22, 2012 Item -V-K.5 PLANNING -51 - ITEM #61910 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of POINT TO POINT/DIAMOND SPRINGS SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re truck rentals at 1270 Diamond Springs Road DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of POINT TO POINT/DIAMOND SPRINGS SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re truck rentals at 1270 Diamond Springs Road (GPIN 1469201140) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. There shall be no more than four (4) trucks or trailers, no longer than fourteen (14) feet in length, parked on the site at any time. The vehicles shall be parked behind the shopping center in the designated parking spaces behind Units 112 though 116. 2. There shall be no repair, maintenance, washing or detailing of vehicles or trailers on the site. 3. All signage on the Site shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, light poles or any other portions of the Site. There shall be pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Second day of May, Two Thousand Twelve May 22, 2012 Item -V-K.4 PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye. -52 - ITEM #61910(Continued) Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 Item -V-J.6 PLANNING -53 - ITEM #61911 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CHRISTY DEVORE-HOLLAND for a Modification of Conditions attached to a Conditional Use Permit (approved by City Council on October 17, 1969) re a mobile home park at 1217 Hawk Avenue DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHRISTY DEVORE-HOLLAND for a Modif cation of Conditions attached to a Conditional Use Permit (approved by City Council on October 17, 1969) re a mobile home park at 1217 Hawk Avenue (GPIN 1495392667) DISTRICT 3 — ROSE HALL The following conditions shall be required: All conditions attached to the Conditional Use Permit granted by the City Council on October 27, 1969, remain in effect with this exception pertaining to Unit 14, Lot 14A, of TAPO Mobile Home Condiminium. Unit 14, Lot 14A, of the condominium may construct a dwelling unit in accordance with the specifications and standards of the Virginia Uniform Statewide Building Code. 2. The proposed dwelling shall not exceed thirteen (13) feet ten (10) and 314inches in width and seventy-eight (78) feet three (3) -inches in length as depicted on the submitted physical survey entitled "Physical Survey of Unit 14, Lot 14A, TAPO MOBILE HOME CONDOMINIUM FOR CHRISTIE L. DEVORE ", dated December 10, 2008, and prepared by John E. Sirine and Associates, LTD. Said Plan has been exhibited to the City Council and is on file in the Planning Department. 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach Planning Department, Permits and Inspections Division, and obtain a Certificate of Occupancy from the Building Code Official before occupying the unit. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Second day of May, Two Thousand Twelve May 22, 2012 Item -V-J.6 PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye.- Glenn ye: Glenn R. Davis, Y Dyer, Barbara M. Mayor William D. James L. Wood Council Members Voting Nay: None Council Members Absent: None -54- ITEM #61911 (Continued) illiam R. "Bill " DeSteph, Harry E. Diezel, Robert M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Sessoms, Jr., John E. Uhrin, Rosemary Wilson and May 22, 2012 Item -V-J. 7 PLANNING -55 - ITEM #61912 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVEDIPROFFERED, BY CONSENT, Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Modification ofa Conditional Change of Zoning [Proffer No. 3] (approved by City Council on June 13, 2006) at Princess Anne Road and 2117 Locksley Arch. DISTRICT 7 —PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of the HOME ASSOCIATES OF VIRGINIA, INC. for a Modification of a Conditional Chanze of Zoning [Proffer No. 3] (approved by City Council on June 13, 2006) at Princess Anne Road and 2117 Locksley Arch. (GPIN 2403985842) DISTRICT 7 — PRINCESS ANNE An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Second day of May, Two Thousand Twelve. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: 1A�� May 22, 2012 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this �7tb day of January, 2012, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing 3.599 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to that 2.305 acre portion of the Property that is zoned Conditional B -1A Commercial District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of proffer numbered 3 contained in the First Amendment to Proffered Covenants, Restrictions and Conditions dated February 28, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20080630000767310 (hereinafter "2008 Proffers") to include additional permitted uses; and GPIN: 2403-98-5842-0000 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which, has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or. exaction from the Grantee or its governing body and without any element of compulsion or Quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 3 as contained in the 2008 Proffers recorded in the above referenced Clerk's Office as Instrument Number 2008o630000767310 is hereby deleted and replaced with the following: The only uses which shall be permitted in that portion of Parcel Y-1-15 J• zoned B -1A shall be: (a) Retail establishments; (b) Specialty shops; (c) Personal service establishments to include spas; 2 (d) Art galleries; (e) Florists, gift shops, stationary stores; (f) Business offices, studios and clinics; (g) Medical and dental offices and clinics; (h) Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; and (i) Eating and drinking establishments without drive-thru windows. 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2008 Proffers remain in full force and effect. All references hereinabove to the B -1A Commercial Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, 3 including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. rd WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By. J (SEAL) Robert Lodan, II, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 31st day of January, 2012, by Robert L. Prodan, II, President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: { n � � t, rowers Notary Registration Number: �N.'mr% lablic -'x5a?G16 COmxr.(,r,.,.rkk of Virginia Mycomwis�j< re, Feb= 28,2013 EXHIBIT "A" LEGAL DESCRIPTION PARCEL Y -1-B: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Princess Anne District of the City of Virginia Beach, Virginia, and being shown and designated as PARCEL "Y -1-B". 156,768 sq. Ft. or 3.599 Ac., on that certain plat entitled "SUBDIVISION OF PARCELS X-1, Y-1, OPEN SPACE 1-A (INSTR. NO. 2009072700086762o) AND PARCEL C -Ci (INSTR. NO. 20090819000978400) SHERWOOD LAKES VIRGINIA BEACH, VIRGINIA", prepared by MSA, P.C., dated July 8, 2010, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20110203000122900, which plat is hereby made for a more particular description of said property. GPIN: 2403-98-5842-0000 AM\Mod of Proffers\HomeAssociatesofVirginia\Sherwood Lake 2012\2nd Amendment to Proffers.doc -56 - ITEM V -L. APPOINTMENTS ITEM #61913 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SER VICES BOARD MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD May 22, 2012 -57 - Item -V-L APPOINTMENTS ITEM #61914 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Benito Loyola Unexpired term thru 06/30/14 ARTS and HUMANITIES COMMISSION Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 22, 2012 -58 - Item -V-O ADJOURNMENT ITEM #61915 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:02 P.M. Amanda inley-Barnes, CMC Deputy City Clerk 4RhHodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor May 22, 2012 -58 - Item -V-O ADJOURNMENT ITEM #6191 S Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7: 02 P.M. Amanda Finley- am s, CMC Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia -k /, William PySes'solns, Jr. Mayor May 22, 2012