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MAY 28, 2013 MINUTES
CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Lenge ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 28 MAY 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. IV. CITY MANAGER'S BRIEFINGS - Conference Room - A. UPCOMING PLANNING ITEMS Jack Whitney, Director - Planning Department B. STORMWATER MEMORANDUM OF AGREEMENT William J. Johnston, NPDES Administrator — Public Works C. WASTE COLLECTION FEE Phillip A. Davenport, Interim Director — Public Works CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:30 PM . FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Rodney Puckett Pastor Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 14, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION Law Enforcement Day I. PUBLIC HEARING 1. LEASE OF CITY OWNED PROPERTY 1541 New York Avenue and 200 Webster Place J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-186 of the City Code re admissions tax 2. Resolution for a Plan of Financing with the Development Authority and to AUTHORIZE the execution and delivery of same 3. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement establishing the Hampton Roads Regional Stormwater Management Program 4. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Beach Community Development Corporation re use of residential properties at 1541 New York Avenue and 200 Webster Place b. AH Sandbridge, LLC re right-of-way at 2101 Princess Anne Road to erect temporary signage c. Virginia Gentlemen Foundation, Inc. re developing and operating a Camp for children with special needs and disabled Veterans at Prosperity Road 5. Ordinance re the Voluntary ACQUISITION of Properties at 516, 517, 520, 521 and 524 Downey Drive and TRANSFER $1,325,000 from the Princess Anne Road/Kempsville Road intersection improvements to various site acquisitions, Phase II 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for KAREN M. FLEMING to construct and maintain rip rap and a proposed dock at Lake Holly, 341 Lake Drive DISTRICT 6 - BEACH 7. Ordinances to ACCEPT and APPROPRIATE: a. $128,000 from the Virginia E-911 Services Board PSAP Grant to Emergency Communications and Citizen Services to upgrade/replace the 911 Call Center equipment b. $189,740 re additional revenue from the sale of salvage materials for Fleet Management asset replacement 8. Ordinances to TRANSFER: a. $1,080,000 from the Greenwich Road crossover and Cleveland Street intersection improvements to Laskin Road Gateway, Phase I -A b. $140,000 within the Sheriff's Office re additional part-time employees K. PLANNING 1. Application of JASON GENTRY/MARK and NANCY VAUGHAN for Variances to Section 4.4 (d), which requires that lots have direct access to a public street and Section 4.4 (b), which requires that all lots meet the requirements of the City Zoning Ordinance (CZO) re parcels placed in the Agricultural Reserve Program at 2253 Vaughan Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of GALLEON INVESTORS IX, LLC for a Variance to Section 4.1(m)(1) and 4.4(b) to resubdivide property at 522 25th Street DISTRICT 6 - BEACH STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 3. Application of BISHOP SULLIVAN CATHOLIC HIGH SCHOOL / CATHOLIC DIOCESE OF RICHMOND for a Modification of a Conditional Use Permit for a private high school (approved on April 28, 1992) to ADD to the building and athletic fields at 4552 Princess Anne Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of SANDRA MANBY WOLFORD for a Conditional Use Permit re a Child Daycare at 528 Gotham Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of DONA L. COX for a Conditional Use Permit re a Child Daycare at 453 Cummings Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 6. Application of THEO'S PLAZA for a Conditional Use Permit re vehicle sales, service, and bulk storage at 5045 Virginia Beach Blvd DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 7. Application of VERDAD REAL ESTATE, INC. /SUSAN CHONG for a Conditional Use Permit for a gas station (fuel sales) with convenience store at 6084 Indian River Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 8. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL L. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKING ADVISORY COMMITTEE SOCIAL SERVICES 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 ******************************* 2013 CITY HOLIDAYS Independence Day - Thursday, July 4 Labor Day - Monday, September 2 J'eterans Day - Monda ', November 11 Thanksgiving Day & Dal' after Thanksgiving - Tlrursday, November 28 & Friday, November 29 Christmas Eve (half-day) - .Tuesday, December 24 Christmas Day - !J'ednesday, December 25 05/28/2013gw -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 28, 2013 Mayor William D. Sessoms, Jr., called to order the Planning Items for June, in the City Council Conference Room, Tuesday, May 28, 2013, at 4:00 P.M. Council Members Present: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -2 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828 4:00 P.M. Mayor Sessoms introduced Jack Whitney, Planning. Mr. Whitney advised there are ten (10) Planning items to be heard in June. The following items are scheduled to be heard on June 11, 2013: June 11 Items • City of Virginia Beach (Amendment to Zoning Ordinance — Section 301) • Cynthia Reno (Use Permit - Home Childcare) • Mildred Grant (Use Permit — Home Childcare) • Marisa Mulligan (Floodplain Variance) • Amy Stovall (Use Permit — Home Childcare) 2 May 28, 2013 1 -3- CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) CITY OF VIRGINIA BEACH An Ordinance to Amend Section 301 of the City Zoning Ordinance Pertaining to Outdoor Recreation and Amusement Facilities in the Preservation Zoning District. Relevant Information • The amendment allows an Outdoor Recreational and Amusement Facility to include permanently enclosed indoor spaces. Activities within the indoor area must be the same activities that occur outside the structure. • The total area of the indoor area may not exceed 20% of the total site area covered by the Conditional Use Permit for the outdoor area. • A similar amendment has already been adopted for outdoor recreational facilities in the Residential Districts. May 28, 2013 -4 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation • Planning Staff recommended approval By consent, the Planning Commission recommends approval. • There was no opposition. KEMPSVILLE Cynthia S. Reno May 28, 2013 -5 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • Request for a Conditional Use Permit to allow continued operation of a Family Day -Care Home for up to 12 children. • The applicant is licensed with the Department of Social Services; however, during the license renewal process, the applicant was informed that a Conditional Use Permit was required. • The children play in the rear yard as well as in the front yard. • Currently, when the children play in the front yard, the applicant places orange warning cones at the end of the driveway with the message, "Caution Children at Play." • The day-care operates Monday through Friday, between the hours of 6:00 a.m. and 6:00 p.m. May 28, 2013 -6- CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) May 28, 2013 -7 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent, the Planning Commission recommends approval with conditions (11-0). The Commission revised staff's conditions to (1) require the use of a temporary barrier at the end of the driveway when the children are at play and (2) require the play equipment be placed in the rear yard when the childcare is not in operation. There was no opposition. lildred R. Graflt off L 4r� May 28, 2013 -8 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • Request for a Conditional Use Permit to allow continued operation of a Family Day -Care Home for up to 12 children. • The applicant is licensed with the Department of Social Services; however, during the license renewal process, the applicant was informed that a Conditional Use Permit was required. • The property includes a two-story single-family dwelling with a fenced -in backyard, where the children play. • Currently, the applicant and her assistant care for nine children between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. • Since the applicant is licensed for up to 12 children, the applicant is requesting that the Use Permit also allow a maximum of 12 children. May 28, 2013 I 11 1 -9- CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) May 28, 2013 -10 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation Recommendation • Planning Staff recommended approval with conditions. By consent, the Planning Commission recommends approval with conditions (11-0). There was no opposition. LYNNKAVEN Marisa Mulligan May 28, 2013 -11 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • The applicant is converting a portion of an existing 12'x11' carport for the purpose of increasing the interior living area of the dwelling. The renovation to the dwelling also includes a new garage. • The existing first floor of the dwelling is at 6.6 feet. • The Site Plan Ordinance requires the elevation of the lowest living area of a dwelling be at least one foot above the Base Flood Elevation, which is 6.9 feet in this case. • To create an easy transition (without a step) from the proposed new Living area into the existing dwelling, the applicant proposes to maintain the entire first floor, including the addition, at 6.6 feet. • Since the Site Plan Ordinance requires the elevation of the finished floor to be 7.9 feet, a variance of 1.3 feet is being requested by the applicant. May 28, 2013 -12 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) SITE PLAN Warisan May 28, 2013 -13 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation Planning Staff recommended approval with conditions. • By consent, the Planning Commission recommends approval with conditions (11-0j • There was no opposition. mr, G. Stm all Ctl; er Deeepatioe )churl care) May 28, 2013 -14 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • Request for a Conditional Use Permit to allow continued operation of a Family Day -Care Home for up to 12 children. The applicant is licensed with the Department of Social Services; however, during the license renewal process, the applicant was informed that a Conditional Use Permit was required. • The applicant has two assistants: one works in the morning and one works in the afternoon. • Hours of operation are 7:00 a.m. to 5:30 p.m., Monday through Friday. • The lot area is approximately one acre, providing ample outdoor play area in the rear yard. May 28, 2013 1 -15- CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) May 28, 2013 -16 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent, the Planning Commission recommends approval with conditions (11-0). • There was no opposition. The following items are scheduled to be heard on June 25, 2013: June 25 Items • City of Virginia Beach (Amendment to Zoning, Ordinance - Section 238) • City of Virginia Beach (Amendment to Zoning Ordinance — Section 901) • Greg Jaquith (Subdivision Ordinance) • Vail Marine (Use Permit — boat maintenance) • CSA Virginia Beach, LLC (Use Permit —indoor recreation facility) 30 May 28, 2013 -17 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) CITY OF VIRGINIA BEACH An Ordinance to Amend Section 238 of the City Zoning Ordinance Pertaining to Permitted Principal Uses and Structures in Mobile Home Parks. Relevant Information • Past and current requests for the construction of additions to mobile homes, construction of accessory structures (sheds), or conversion of a mobile home to a single-family dwelling have indicated to staff a need for an amendment to the City Zoning Ordinance to address this issue. • This amendment will allow City Council to add additional uses or structures as permitted structures in mobile home parks with the granting of a Conditional Use Permit. May 28, 2013 -18 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation • Planning' Staff recommended approval, By consent, the Planning Commission ecommends approval. • There was no opposition. CITY OF VIRGINIA BEACH An. Ordinance to Amend Section 901 of the City Zoning Ordinance Pertaining to Bakeries, Confectioneries, and Delicatessens. May 28, 2013 -19 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • The amendment will allow small bakeries, confectioneries, and delicatessens located in the Business zoning districts to selltheir products at other retail sites throughout the city. Evaluation and Recommendation • Planning Staff recommended approval. • By consent, the Planning Commission recommends approval. • There was no opposition. May 28, 2013 1 -20- CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) May 28, 2013 -21 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • There are currently three parcels that were created by deed without the benefit of a subdivision plat, as required. The parcels are zoned AG -1 and AG -2 Agricultural Districts. • The applicant proposes to resubdivide the three parcels for the purpose of creating two parcels. • One of the new lots will be for the existing single-family dwelling that is located on Charity Neck Road. That lot will meet the regulations of the AG districts. • The second lot will be for the existing dwelling located at the rear, of the site. That lot will be a flag lot, with a variable width `stem' connecting to Charity Neck Road. • A variance to the lot frontage requirement is needed for the creation of the flag lot; therefore, the applicant is requesting this Subdivision Variance. May 28, 2013 -22 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation • Planning Staff recommended approval with one condition. • By consent, the Planning Commission recommends approval with one condition (11- 0). • There was no opposition. May 28, 2013 -23 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) 'ail Marine Service BELL 0AD May 28, 2013 -24 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • Applicant requests a Conditional Use Permit for a boat repair business (including storage). • Hours of operation will vary with the need for boat repair. • Some mobile repair work may be done at the dock where the boat is moored, while the remainingboats will be repaired an the site. • There will be a temporary storage area for boats that are being repaired on-site within a fenced and secured storage area. May 28, 2013 -25 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent, the Planning Commission recommends approval with conditions (11-0). • There was no opposition. SAYSIDE CSA Virg'nia Beach, L.L.C. - 82 270 s.r.s 87 Rt 5_ Ri -6 ^t/Ptor.duor fi,crennorr Facdny May 28, 2013 -26 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Relevant Information • The applicant requests a Conditional Use Permit for an indoor shooting range (Indoor Recreation Facility). The facility will include the sale of firearms; however, that function is considered retail sales and is permitted without a Use Permit. • The interior of the existing building will be renovated to accommodate retail space for the sale of firearms and accessories, 52 shooting lanes, classroom facilities, and a cafe area serving prepared foods. • The applicant currently operates a high quality indoor shooting range in Henrico County. That facility is the largest in the United States. • The applicant's proposed facility for the subject site is modeled after that facility, and includes several enhancements to the ranges, gun safety / operation training spaces, and retail and dining areas. May 28, 2013 1 -27- CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) May 28, 2013 -28 - CITY MANAGER'S BRIEFING UPCOMING PLANNING ITEMS ITEM #62828(Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • The Planning Commission recommends approval with conditions (10-0-1). • There was opposition. Mayor Sessoms thanked Mr. Whitney. May 28, 2013 -29 - CITY MANAGER'S BRIEFING STORMWATER MEMORANDUM OF AGREEMENT ITEM #62829 4:10 P.M. Mayor Sessoms introduced and welcomed William J. Johnston, NPDES Administrator — Public Works. Brie ing to he Ci C dttf e toia May 28, 2013 -30 - CITY MANAGER'S BRIEFING STORMWATER MEMORANDUM OF AGREEMENT ITEM #62829(Continued) The City entered into a Memorandum of Agreement with Hampton Roads Planning District Commission (HRPDC) in 2003 and has renewed the MOA every five years thereafter. The MOA is set to be renewed again in June 2013. Regional Stormwater Management Committee is, regional committee of the HRPDC Efforts began in 1996 with the issuance of hlonpo Pollution Discharge Elimination System Permits First MOA with HRPDC signed in 2003 — Helps ensure regulatory expectations are met — Authorized HRPDCto perform technicalS istance ; — Helps ensure consistent program acro s r — Allows us to speak with unified v x s itt rec !lators MOA renewed in 2008, ffY t sr e Up for renewal .tune 241 -r iur _ a The MOA provides the following:: Cooperative development of permits and program' Regional training for stormwater processes Public education and information (HR Green Helps eliminate duplication of efforts Technical assistance on program elements tsut sweeping and stormwater monitoring) Provides special reports as elements our annu compliance reports Assist in -development of TMDL impte re tai m Regulatory and legal assistance by trtingtl� ieral changes to stormwater ie tsi t r , May 28, 2013 -31 - CITY MANAGER'S BRIEFING STORMWATER MEMORANDUM OF AGREEMENT ITEM #62829(Continued) In 2006, the City successfully refused to sign a permit that would put the City and Region as noncompliant immediately. Instead, the "Regional Voice" allowed successful negotiations with the EPA, DCR and DEQ. • Allows unified regional voice in permit negotii with EPA, DCR, DEQ • Supports consistent stormwater di ch across region Lower costs for each locality by — Minimizes staffing requirements in — M©Agives City access t — Virginia Beach cost in FY 14 8 0 t — Proposed FY 1 st or stn Bach e The Chesapeake Bay TMDL is unique due to the number of states involved. In November 2010, the State issued Phase I Watershed Implementation Plan (WIP). In dealing with WIP II, the City is "thinking outside of the box" and if the State is satisfied with the response to WIP II, the City will wait to see if WIP III will be required after 2017. • Issued by EPA on December 29, 2010 - Phosphorus, nitrogen, suspended solids reduction • VA issued Phase I Watershed Impiementatiort' PIz November 29, 2010 which assigned local loads • VA requested PDC's collect and submit lot City as part of WIP Il • Va Beach strategies sent to VA DCR on — Nine Va Beach strategies proposed • VA submittedproposed WIP 1{ response March 30, 2012 • EPA response to VA; on May 30, 2012 • EE inal WIP III under developrment�;aft May 28, 2013 -32 - CITY MANAGER'S BRIEFING STORMWATER MEMORANDUM OF AGREEMENT ITEM #62829(Continued) The City has seen water quality improvement from impacts of the Chesapeake Bay TMDL. Currently, we are seeing a 30% harvesting of shellfish in the Lynnhaven. Back in 2006 the Lynnhaven was entirely closed to harvesting shellfish. Water quality enhancements being pursued -'Phragrnites harvesting — Oyster reefs (sanctuary and harvested} — Street sweeping — No discharge zone/boater pumpaut c red t — Selective BMP enhancements Estimated annual costsor cminceI - Assuming current WIP 11 str�e aye a and EPA Regulations could'inte sift' TMDLs issued by VA Depa Environmental Quality Local existing impairments • 54 Waters • 8 TMDLs • 5 WIPs - Northwest River - Elizabeth River Lynnhaven River System - Southern Rivers May 28, 2013 -33 - CITY MANAGER'S BRIEFING STORMWATER MEMORANDUM OF AGREEMENT ITEM #62829(Continued) Main reasons of impairments Bacteria Sediment — Nutrients (dissolved oxygen) • Actions underway — No Discharge Zone for boats — Persons cleaning up after do — Geese exclusion — Enhanced construction insae — Fertilizer use education — Selective BMP enhancers May 28, 2013 -34 - CITY MANAGER'S BRIEFING STORMWATER MEMORANDUM OF AGREEMENT ITEM #62829(Continued) The Virginia Stormwater Management Act is a State operated Mandate that has much more stringent standards for water quality. The City must review, approve and administer permits for public and private projects. The City, as well every other locality in the State, received a one year extension for implementation City Attorney's Office and Planning: b Council on February 19, 2013 More stringent standards for water qu improvements and water quant Localities required to review, approve, administer permits €ar public r d p y projects Local implementation provision' for one The additional year extension will allow the City to fully determine the program impacts and focus on the real needs: Fla e Up ate continued Va Beach requested extension, to,„1 1, 0 • VA DCR recommended approval of Va Beac request VA State Water Control Board will extension on June 6, 2013 • Additional year extension allows C determine program impactsd ltd May 28, 2013 I -35- CITY MANAGER'S BRIEFING STORMWATER MEMORANDUM OF AGREEMENT ITEM #62829(Continued) Mayor Sessoms thanked Mr. Johnston and everyone that has worked diligently on these projects. May 28, 2013 -36 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830 4:35 P.M. Mayor Sessoms introduced and welcomed Phil Davenport, Interim Director — Public Works. Solid Waste Collection Services Presentation to City Council May 28, 2013 Phillip Davenport After City Council approved and adopted the FY2013-14 Budget, the Department immediately began looking at some alternative ideas to manage the waste collection system. Below is an updated chart: FY 2013-14 Waste Management Fund Budget Revenues by Category Yh $3s,390 096 Expenses by Category Total Budget Gross Amount $42,313,922 Total Budget Net Amount $31,713,370 room. f.. Pet9,,aao 0096 May 28, 2013 -37 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Below are the services included in the Solid Waste Collection Fee: Solid Waste Collection Services Included in Fee Weekly automated collection (black cart) - Weekly yard debris collection 0 Every other week recycling collections (blue cart) and recycling drop off sites 0 Bulky item collection (by request) 0 Yard debris container rental (by request, additional fee required) Waste Management FY 201 3-14 Trends & Highlights Full Cost Accounting - Waste Collection and Recycling Services DESCRIPTION OF COST AUTOMATED SPECIAL COLLECTION CURBSIDE YARD WASTE YARD DEBRIS TRAILER RECYCLING TOTAL Collection Cost $ 5,262,082 $ 1,847,190 $ 3,892,052. $ 604,704 $ 11,606,028 Disposal Cost $ 8,430,150 $ 392,100 $ 1,443,000 $ 78,000 $ 10,343,250 Recycling Services $ 4,781,818 $ 4,781,818 Equipment Replacement Cost $ 1,302,834 $ 391,400 $ 644,600 $ 89,610 $ 2,428.444 PU Billing System $ 398,115 $ 398,115 Indirect Cost $ 1,101,265 $ 325,520 $ 685,656 i$ 106,510 $ 2,218,951_ TOTAL $ 16,494,447 $ 2,956,210 $ 6,665,308 $ 878,824 $ 4,781,818 $ 31.776,606 Cost Per Household / Month $ 11.08 $ 1.99 $ 4.48 $ 0.59 $ 3.21 $ 21.36 4 May 28, 2013 -38 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) The Solid Waste Collection Fee increase provides the following.' Solid Waste Collection Fee Fully funded at $21.36 More equitable than General Fund 4 Single family, townhome, and duplex residents that receive the service, pay the fee Businesses and multifamily residents that don't receive the service don't pay the fee Increased awareness of collection and disposal costs Below are the services not included in the fee: Services Not Included in the Fee b Virginia Beach Landfill Convenience Center 0- Resource Recovery Center Household Hazardous Waste Woody Yard Debris Metals Electronics Batteries Tires Concrete Oyster shells May 28, 2013 -39 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Disposal Costs Fiscal Year Cost Per Ton Net SPSA Disposal Cost" VB Cost of Landfill Operation Total Cost of Disposal FY 13 565.35 $8,834,250 $0 58,834,250 FY 14 565.35 58,834,250 50 58,834,250 FY 15 $65.35 58,834,250 $0 58,834,250 FY 16 (July 1 - Dec 31, 2015 - Jan 1- June 30, 2016) $65.35 $125.00 $12,860,625 $1,273,901 514,134,526 FY 17 $125.00 $16,887,000 52,547,802 $19,434,802 FY 18 (July 1 - Jan 24, 2018 - Jan 25 -June 30, 2018) $125.00 * 565.00 512,837,000 52,547,802 515,384,802 • FY 18- Estimated Cost per Ton •• Assume 135,000 tons/year The City has taken great strides in trying to reduce costs. The City saved $1.3 -MILLION a year by renegotiating the Recycle Contact. Cost Reduction Measures Routing efficiencies; reduced 6 routes/7FTE's ® Renegotiated Recycling Contract 0- Yard Debris Composting Contract Reduced Landfill staff from 15 FTE's to 11 r Delivered 10,000 additional recycle carts Increased education and outreach for recycling May 28, 2013 -40 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) The Variable Rate System has been suggested; however, there are a number of unknowns, the biggest being disposal costs. Variable Rate System Criteria: 0 Clean City > Excellent Customer Service Meet the needs of the citizens 0, Equity Cost effectiveness Variable Rate Systems b Variable rate systems charge based on the level of collection and disposal service needed. 00 Advantages: Equity - pay more to discard more Can reduce overall disposal costs Encourages reduce, reuse, recycle practices 0 Disadvantages: Cost and logistics to administer Potential for illegal dumping Revenue projections 10 May 28, 2013 -41 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Variable Rate Systems Base rate needs to cover fixed costs: Cost to drive down street Support costs Variable rate: Disposal cost This system could have as many as five different services for waste collection: Service Types Automated (black carts) • Most common variable rate service • A per cart charge would likely work best Yard debris: • Bag system possible for leaves and grass • Wouldn't work for woody debris • Storm clean up would be problematic May 28, 2013 -42 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Service Types (cont) Bulky item • Charge per service is possible • Several local communities charge for this service • Could be problematic in townhome communities Recycling options • Incentivize with reduced waste collection fee • Recycling Perks • Mandatory recycling Yard debris Container program • Current fee is $40 weekday and $75 weekend 13 There are a number of ways of pricing with this system, none of which is a very good alternative to what the City is presently offering: Methods of Pricing Prepaid bag system I. Prepaid tag or sticker system Single can size; price for multiple cans Multiple can size; price for multiple cans By weight 14 May 28, 2013 -43 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Prepaid Bag System Typically managed by contract Bags usually stocked in local stores Generally cost $1 to $3 per 30 gallon bag Contractor handles logistics; collects and distributes funds Cash flow can be sporadic Works better for manual collection than automated Could work for leaves and grass, particularly if bags were compostable Prepaid Tag or Sticker System Similar to bag system Can be sold by either City or Contractor Could be attached to automated containers Could also be used for bags of leaves and grass ,6 May 28, 2013 -44 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Single Cart Size Price for Multiple Carts 95 gallon cart - Base fee Additional carts - additional fee, but not double Need method of verification Multiple Cart Size Price for Multiple Carts/Sizes Multiple cart size; price for multiple carts 64 gallon and 95 gallon currently in use Vast majority are 95 gallon Price adjustments for size and number Need method of verification May 28, 2013 -45 - CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Weight Systems Available scale systems not adequate Lack of predictability in charges would likely be unacceptable for residents and City Could encourage poor disposal practices Way Forward to Creating the VB Waste Management Enterprise Fund FY 14 - Special Revenue Fund One time support provided to General Fund FY 15 - Full Enterprise Fund 10 year replacement cycle for WM equipment Frees up funding for City's equipment backlog Fixed budget Encourages continued efficiencies ® Analyze and establish variable rate system 20 May 28, 2013 I -46- CITY MANAGER'S BRIEFING WASTE COLLECTION FEE ITEM #62830(Continued) Mayor Sessoms thanked Mr. Davenport. May 28, 2013 -47 - CITY COUNCIL COMMENTS 5:11 P.M. ITEM #62831 Councilman Davis advised, at the recent Arts and Humanities Committee Meeting, MOCA advised they are listed #2 on the "Top 17 Must See" Events for 2013. ITEM #62832 Councilman Moss advised he was pleased the Budget Process went well this year and hopes that the City will not revisit the Boat Tax or Senior Citizen Real Estate Tax Relief in next year's Budget Process. Also, Councilman Moss would like to visit a few more topics during next year 's Budget Process, including the trash fee going to an Enterprise Fund. ITEM #62833 Mayor Sessoms received an inquiry from WaWa regarding LED gas signs. Mayor Sessoms reached out to the Beautification Commission; and, without a formal vote, it does not appear the Commission will object to this type of signs. Councilman Davis attended the last Beautification Commission meeting and there was no objection to this type of sign. May 28, 2013 1 -48- AGENDA REVIEW SESSION 5:16 P.M. ITEM #62834 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-186 of the City Code re admissions tax 2. Resolution for a Plan of Financing with the Development Authority and to AUTHORIZE the execution and delivery of same 3. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement establishing the Hampton Roads Regional Stormwater Management Program 4. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Beach Community Development Corporation (VBCDC) re use of residential properties at 1541 New York Avenue and 200 Webster Place b. AH Sandbridge, LLC re right-of-way at 2101 Princess Anne Road to erect temporary signage c. Virginia Gentlemen Foundation, Inc. re developing and operating a Camp for children with special needs and disabled Veterans at Prosperity Road 5. Ordinance re the Voluntary ACQUISITION of Properties at 516, 517, 520, 521 and 524 Downey Drive and TRANSFER $1,325,000 from the Princess Anne Road/Kempsville Road intersection improvements to various site acquisitions, Phase II 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City - owned property for KAREN M. FLEMING to construct and maintain rip rap and a proposed dock at Lake Holly, 341 Lake Drive DISTRICT 6 - BEACH 7. Ordinances to ACCEPT and APPROPRIATE: a. $128,000 from the Virginia E-911 Services Board PSAP Grant to Emergency Communications and Citizen Services to upgrade/replace the 911 Call Center equipment b. $189, 740 re additional revenue from the sale of salvage materials for Fleet Management asset replacement May 28, 2013 -49 - AGENDA REVIEW SESSION ITEM #62834(Continued) 8. Ordinances to TRANSFER: a. $1,080,000 from the Greenwich Road crossover and Cleveland Street intersection improvements to Laskin Road Gateway, Phase I -A b. $140, 000 within the Sheriff's Office re additional part-time employees ITEM #4b SHALL BE DEFERRED TO JUNE 11, 2013 ITEM 4c SHALL BE CONSIDERED SEPARATELY COUNCILMAN MOSS SHALL VOTE A VERBAL NAY ON ITEM 8a May 28, 2013 -50 - AGENDA REVIEW SESSION ITEM #62834 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of JASON GENTRY/MARK and NANCY VAUGHAN for Variances to Section 4.4 (d), which requires that lots have direct access to a public street and Section 4.4 (b), which requires that all lots meet the requirements of the City Zoning Ordinance (CZO) re parcels placed in the Agricultural Reserve Program at 2253 Vaughan Road DISTRICT 7 - PRINCESS ANNE 2. Application of GALLEON INVESTORS IX, LLC for a Variance to Section 4.1(m)(1) and 4.4(b) to resubdivide property at 522 25"' Street DISTRICT 6 - BEACH 3. Application of BISHOP SULLIVAN CATHOLIC HIGH SCHOOL / CATHOLIC DIOCESE OF RICHMOND for a Modification of a Conditional Use Permit for a private high school (approved on April 28, 1992) to ADD to the building and athletic fields at 4552 Princess Anne Road DISTRICT 2 - KEMPSVILLE 4. Application of SANDRA MANBY WOLFORD for a Conditional Use Permit re a Child Daycare at 528 Gotham Road DISTRICT 5 - LYNNHAVEN 5. Application of DONA L. COX for a Conditional Use Permit re a Child Daycare at 453 Cummings Road DISTRICT 5 — LYNNHAVEN 6. Application of THEO'S PLAZA for a Conditional Use Permit re vehicle sales, service, and bulk storage at 5045 Virginia Beach Blvd DISTRICT 4 - BAYSIDE 7. Application of VERDAD REAL ESTATE, INC. /SUSAN CHONG for a Conditional Use Permit for a gas station (fuel sales) with convenience store at 6084 Indian River Road DISTRICT 1 - CENTERVILLE 8. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE ITEM #8 SHALL BE DEFERRED TO JUNE 11, 2013 May 28, 2013 1 -51- ITEM#62835 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) (1) 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: Kempsville District May 28, 2013 -52 - ITEM# 62835(Continued) Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:21 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph (Closed Session 5:20 P.M. 5:43 P.M.) May 28, 2013 -53 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY28, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 28, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph INVOCATION: Rodney Puckett Pastor, Avalon Hills Bible Church 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 identify 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 a part of the record. May 28, 2013 -54 - 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 a part 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 a part 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 identing 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 27, 2004, is hereby made a part of the record. May 28, 2013 1 Item -V-E CERTIFICATION -55- ITEM #62836 Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #62835 Page 52, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk May 28, 2013 Item -V-F.1 MINUTES -56- ITEM #62837 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 14, 2013. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 1 -57- ADOPT AGENDA FOR FORMAL SESSION ITEM #62838 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 28, 2013 1 -58- Item -V-H.1 PUBLIC HEARING ITEM #62839 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY 1541 New York Avenue and 200 Webster Place There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. May 28, 2013 -59 - Item —V -J ORDINANCES/RESOLUTIONS ITEM #62840 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4a, 4b(DEFERRED TO JUNE 11, 2013), 5, 6, 7(a/b), 8a(MOSS VOTE VERBAL NAY), and b of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -60 - Item -V-J.1 ORDINANCES/RESOLUTIONS ITEM #62841 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 35-186 of the City Code re admissions tax Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph May 28, 2013 1 AN ORDINANCE TO AMEND SECTION 35-186 OF 2 THE CITY CODE PERTAINING TO THE 3 ADMISSIONS TAX 4 5 SECTION AMENDED: 35-186 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That Section 35-186 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and reordained to read as follows: 11 12 Sec. 35-186. - Collection. 13 Every person receiving any payment, or any type of compensation other than 14 cash, for any admission, participation in any sport or refreshments, service or 15 merchandise, on which a tax is levied under this article, shall be responsible for 16 collecting the amount of tax imposed by this article from the person making the payment 17 at the time of the payment or compensation for such admission, participation or 18 purchase, and shall be responsible for the payment of such tax if he or she fails to 19 collect same. If tickets or cards of admission are issued, the tax shall be collected at the 20 time for the issuance of such tickets or cards. The taxes required to be collected under 21 this section shall be deemed to be held in trust by the person required to collect the 22 same until remitted as provided in this article. The operator of the "place of 23 amusement" shall be ultimately responsibility for the collection of the tax required by this 24 section and the commissioner of the revenue shall assess such persons or businesses 25 accordingly. 26 27 2. That this amendment is declarative of existing law. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of May , 2013. APPROVED AS TO CONTENT: 14...,E ;zi 617 Commissioner of the Revenue CA12657 R-1 May 17, 2013 APP City Att AS TO LEGAL SUFFICIENCY: s Office -61 - Item -V-J.2 ORDINANCES/RESOLUTIONS ITEM #62842 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution for a Plan of Financing with the Development Authority and to AUTHORIZE the execution and delivery of same Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 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, energy management upgrades and improvements for energy consumption savings in City and public school facilities; improvements to Centerville Turnpike; construction and equipping of a fire and rescue station at Town Center; building systems repairs, improvements and replacements at the Virginia Aquarium; design and construction of improvements to the Bow Creek Community Recreation Center; funding for planning, design, construction or replacement of public infrastructure and property acquisition for the City's Strategic Growth Area Program; Burton Station Road and Laskin Road roadway and utility services improvements; and construction of a replacement facility and related improvements for the consolidation of Old Donation Center and Kemps Landing Magnet (collectively, the "2013 Projects"); 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 $25,000,000 (the "Series 2013 Bonds") in financing the 2013 Projects; and WHEREAS, the City desires to complete the financing of the 2013 Projects within the current fiscal year ending June 30, and in furtherance of such objective, the Authority at its May 21, 2013 meeting, upon presentation of the City's proposed financing plan by representatives of the City, approved the issuance of the Series 2013 Bonds for such purposes, subject to approval of the financing plan by the City Council of the City (the "City Council"); 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 2013 Projects and the issuance and sale of the Series 2013 Bonds, which Documents were provided to the Authority in connection with the Authority's approval: (a) Sixth Supplemental Agreement of Trust draft dated June 1, 2013 (the "Sixth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form of the Series 2013 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National 4852-7322-5747.2 Association), as successor trustee (the "Trustee"), pursuant to which the Series 2013 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Fifth Supplemental Support Agreement draft dated June 1, 2013, 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 2013 Bonds; (c) Preliminary Official Statement draft dated May 17, 2013, of the Authority relating to the public offering of the Series 2013 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft dated June 1, 2013, 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 2013 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The following plan for financing the 2013 Projects is hereby approved. The Authority will issue the Series 2013 Bonds in a maximum aggregate principal amount not to exceed $25,000,000. The Authority will use the proceeds of the Series 2013 Bonds to finance the costs of the 2013 Projects. 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 2013 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 2013 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2013 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 2013 Bonds. The 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 2013 Projects shall contain such additional requirements and provisions as may be approved by the City. 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 2 4852-7322-5747.2 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 2013 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; provided the Series 2013 Bonds (i) shall mature not later than December 1, 2033, (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, 2023, 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 determination of any serial maturities and any term maturities, for the Series 2013 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2013 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 2013 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 2013 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 2013 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2013 Bonds. The actions of the City Manager in approving the terms of the Series 2013 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 2013 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 2013 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 2013 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 3 4852-7322-5747.2 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 2013 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 2013 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 2013 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 2013 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 2013 Bonds, including the use of the projects financed 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 2013 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 2013 Bonds and the undertaking of the 2013 Projects 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 2013 Projects through the issuance by the Authority of the Series 2013 Bonds. 12. This Resolution shall take effect immediately. 4 4852-7322-5747.2 Adopted by the City Council of the City of Virginia Beach, Virginia, this 28 t hday of May, 2013. APPROVED AS TO CONTENT: Finance Department 4852-7322-5747.2 APPROVED AS TO LEGAL SUF ► CY: 5 Ci y tt•rney'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 28, 2013, 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 Robert M. Dyer Barbara M. Henley John D. Moss Amelia N. Ross -Hammond John E. Uhrin Rosemary Wilson James L. Wood PRESENT/ABSENT: X / X / X / / X X / X / X / X / x - /— X / X / VOTE: AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on May 2§ 2013. 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 4P 12. day of May, 2013. (SEAL) 6 4852-7322-5747.2 erk, City Council of the City of Virginia Beach, Virginia City Projects to be Financed with Public Facility Revenue t3onas Project Number Project Name Description Total Programmed Cost Total PFRB Planned Financing FY 13 PFRB Financing 3-140 Energy Performance Contracts This project accounts for energy performance contract in City facilities and Pendleton. The project 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. $4,583,915 $4,583,915 $486,476 2-409 Centerville Turnpike Interim Improvement This project will provide two southbound lanes on Centerville Turnpike from Jake Sears Road to Broadwindsor Lane as well as a triple left turn lane 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. $606,891 $606,891 $356,782 3-021 Fire and Rescue Station - Town Center This project will construct a 24,500-sq.ft. fire & rescue station (17,000-sq.ft.) including space for the Fire Marshal & District Chiefs (7,500-sq.ft.), to replace the existing 5,027-sq.ft. 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. $9,435,000 $2,253,065 $1,952,664 2-143 Laskin Road Gateway — Phase I-A This project will initially provide streetscape and other improvements. included within the Gateway area: a new 190-foot bridge crossing Little Neck Creek on Pinewood Road, undergrounding of all overhead utility lines, a new park, an upsized storm water drainage system, and new streetscape that includes brick pavers, LED pedestrian/street lighting, landscaping, and wide sidewalks. The City's investment in critical infrastructure improvements within one of the City's first Strategic Growth Areas (SGA) will also encourage residential/commercial redevelopment within the Gateway by private sources and increase the tax revenue base for the City. $39,956,947 $5,744,961 $1,159,953 1 Project Number Project Name Description Total Programmed Cost Total PFRB Planned Financing FY -13 PFRB Financing 3-278 VA Aquarium Renewal & Replacement — Phase II This project is for refurbishment and/or replacement of "behind the glass" Aquarium - specific equipment and systems for the operation 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. $2,325,000 $600,000 $477,592 4-505 Modernization of Bow Creek Community Rec Ctr This project will fund the design and construction costs required to tear down and rebuild the Bow Creek Community Recreation Center and relocate certain storage facilities on the current site. $25,123,023 $24,193,061 $9,280,435 9-081 Strategic Growth Area Program This project will provide planning and design services, build or replace public infrastructure 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. $17,674,686 $5,814,244 $3,518,105 9-085 Burton Station Road Improvements - Ph II This project will provide basic and long needed utility services and standard roadway improvements including curb and gutter, sidewalk and streetlights necessary to preserve and revitalize the existing residential community consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. $3,250,000 $3,250,000 $23,785 2 Project Number Project Name Description Total Programmed Cost Total PFRB Planned Financing FY -13 PFRB Financing 9-091 Burton Station Road Improvements — Ph III The purpose of this project is to provide a connection between Burton Station Road and Air Rail Drive via an extension of Tolliver Road (formerly called Golf Course Road) to provide infrastructure necessary to promote future development consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. $8,500,000 $8,500,000 $261,385 1-001 Renovations and Replacements - Energy Mgmt This project was created to separately identify maintenance related projects which have the potential to produce energy savings. This project will include ceiling/lighting improvements and window replacements. $16,076,286 $ 500,000 1-103 Renovations and Replacements —HVAC Systems — Ph II This project provides resources to insure that adequate heating, cooling, and ventilation is available in school sites through projects to provide improved or upgraded HVAC systems in schools throughout the City. $51,218,702 $3,600,000 1-109 Energy Performance Contracts - Schools Energy performance contracting involves a vendor (contractor) conducting a detailed energy audit and then making improvements to a building that reduces energy costs. The savings are such that the cost of the improvements is recaptured within a reasonable period. The savings are guaranteed by the contractor, who is required to take out a performance bond, whereby the shortfall is paid to the City if the savings do not materialize. $14,149,705 $2,500,000 $22,537 $600,000 $2,500,000 1-233 Consolidated Old Donation Center/Kemps Landing Magnet Replacement This project is for the replacement of Old Donation Center and Kemps Landing Magnet with a consolidated facility. Old Donation Center, originally built in 1965, and Kemps Landing Magnet, built in 1957, can no longer adequately house the required instructional programs and the facilities are in need of replacement. This project will extend the useful life of the facility by 40 to 50 years. $63,360,000 $18,400,000 $860,286 TOTAL $256,260,155 $80,546,137 $21,500,000 3 SIXTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of June 1, 2013 4821-5306-0883.2 TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clause 1 ARTICLE I SIXTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Sixth Supplemental Agreement 2 Section 1-102. Definitions 2 Section 1-103. Rules of Construction. 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2013 BONDS Section 2-201. Authorization of Series 2013 Bonds and Series 2013 Projects 3 Section 2-202. Details of Series 2013 Bonds 4 Section 2-203. Form of Series 2013 Bonds 5 Section 2-204. Securities Depository Provisions 5 Section 2-205. Delivery of Series 2013 Bonds. 6 ARTICLE III REDEMPTION OF SERIES 2013 BONDS Section 3-301. Redemption Date and Price. 6 Section 3-302. Selection of Series 2013 Bonds for Redemption. 6 Section 3-303. Notice of Redemption. 6 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2013 BONDS Section 4-401. Application of Proceeds of Series 2013 Bonds 7 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2013 Project Account. 7 i 4821-5306-0883.2 ARTICLE VI SECURITY FOR SERIES 2013 BONDS Section 6-601. Security for Series 2013 Bonds 8 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. 8 Section 7-702. Limitation of Right. 8 Section 7-703. Severability. 8 Section 7-704. Successors and Assigns 8 Section 7-705. Applicable Law. 9 Section 7-707. Counterparts. 9 Exhibit A — Form of Series 2013 Bond A-1 ii 4821-5306-0883.2 This SIXTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of June 1, 2013, 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, the Fourth Supplemental Agreement of Trust dated as of May 1, 2010 and the Fifth Supplemental Agreement of Trust dated as of June 1, 2012 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 2013 Projects (as hereinafter defined); and WHEREAS, the Authority has previously issued, at the request of the City its $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, its $45,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, $22,580,000 Public Facility Revenue Bonds, Series 2012A and its $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B (collectively, the "Prior Public Facility Revenue Bonds"). WHEREAS, the Authority has agreed to issue the Series 2013 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, a Fourth Supplemental Support Agreement dated as of June 1, 2012 and a Fifth Supplemental Support Agreement dated as of June 1, 2013 (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 RI WHEREAS, the Authority has taken all necessary action to make the Series 2013 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Sixth Supplemental Agreement of Trust (the "Sixth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2013 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I SIXTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Sixth Supplemental Agreement. This Sixth 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 2013 Bonds and to the holder thereof, except as otherwise provided in this Sixth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Sixth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Sixth 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: "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 2013 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 Public Facility Revenue Bonds" shall have the meaning given in the fourth paragraph of the recitals to this Sixth Supplemental Agreement "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 2013 Bonds appointed pursuant to Section 2-204, and their successors. 2 4821-5306-0883.2 "Series 2013 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2013A, authorized to be issued pursuant to this Sixth Supplemental Agreement. "Series 2013 Projects" shall mean have the meaning set forth in the Support Agreement. "Series 2013 Project Account" shall mean the Series 2013 Project Account established in Section 4-501 of this Sixth Supplemental Agreement. "Sixth Supplemental Agreement" shall mean this Sixth 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 Sixth 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 2013 Bonds shall not be deemed to refer to or connote the payment of Series 2013 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 Sixth Supplemental Agreement. (d) The headings herein and Table of Contents to this Sixth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Sixth Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2013 Bonds are references to payment of principal of and interest on the Series 2013 Bonds. ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2013 BONDS Section 2-201. Authorization of Series 2013 Bonds and Series 2013 Projects. There are hereby authorized to be issued the Series 2013 Bonds in a principal amount of $ to finance the costs of the Series 2013 Project, in accordance with Article IV hereof. 3 4821-5306-0883.2 Section 2-202. Details of Series 2013 Bonds. (a) The Series 2013 Bonds shall be designated "Public Facility Revenue Bonds, Series 2013A," 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 2013 Bonds shall bear interest at rates, payable semiannually on each June 1 and December 1, beginning December 1, 2013, and shall mature in installments on June 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 (b) Each Series 2013 Bond shall bear interest (a) from its date, if such Series 2013 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 2013 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2013 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. (c) Principal of the Series 2013 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2013 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2013 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 fifteenth day of the month preceding each interest payment date; provided, however, if the Series 2013 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 2013 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 2013 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. 4 4821-5306-0883.2 Section 2-203. Form of Series 2013 Bonds. The Series 2013 Bonds shall be in substantially the form set forth in Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Sixth Supplemental Agreement Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2013 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 2013 Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2013 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 2013 Bonds shall be able to obtain certificated Series 2013 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 2013 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, as applicable; provided, however, that such form shall provide for interest on the Series 2013 Bonds to be payable (i) from June , 2013 if it is authenticated prior to December 1, 2013 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 2013 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2013 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 2013 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 2013 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2013 Bonds, (B) notwithstanding anything to the contrary in this Sixth 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 Sixth Supplemental Agreement to registered holder(s) of the Series 2013 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2013 Bonds and (E) in the event of any inconsistency between the provisions of this Sixth 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. 5 4821-5306-0883.2 Section 2-205. Delivery of Series 2013 Bonds. The Trustee shall authenticate and deliver the Series 2013 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 2013 BONDS Section 3-301. Redemption Date and Price. Optional Redemption. The Series 2013 Bonds may not be called for redemption by the Authority except as follows. The Series 2013 Bonds maturing on or after [June 1, 2024] may be redeemed by the Authority, at the direction of the City, on or after [June 1, 2023], 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 2013 Bonds to be redeemed plus interest accrued to the redemption date.. Section 3-302. Selection of Series 2013 Bonds for Redemption. If less than all of the Series 2013 Bonds are called for redemption, the Series 2013 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 2013 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2013 Bonds for redemption, each Series 2013 Bond shall be considered as representing that number of Series 2013 bonds which is obtained by dividing the principal amount of such Series 2013 Bonds by $5,000. If a portion of a Series 2013 Bond shall be called for redemption, a new Series 2013 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 2013 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 2013 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 statement of any federal or state administrative board having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and 6 4821-5306-0883.2 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 2013 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 2013 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 2013 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 2013 Bondholders. Any Series 2013 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 of 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 2013 Bondholders that the redemption did not occur and that the Series 2013 Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2013 BONDS Section 4-401. Application of Proceeds of Series 2013 Bonds. The proceeds of the Series 2013 Bonds in the amount of $ shall be deposited into the Series 2013 Project Account in the Project Fund, including the good faith deposit ($ ) previously received by the City from the purchaser of the Series 2013 Bonds. ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2013 Project Account. There shall be established within the Project Fund a special account entitled "Series 2013 Project Account" to be funded as specified in Section 4.401. Money in the Series 2013 Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse 2013 Project costs. 7 4821-5306-0883.2 ARTICLE VI SECURITY FOR SERIES 2013 BONDS Section 6-601. Security for Series 2013 Bonds. The Series 2013 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public facility revenue bonds 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 2013 Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2013 Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2013 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 Sixth Supplemental Agreement or the Series 2013 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2013 Bonds any legal or equitable right, remedy or claim under or in respect to this Sixth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Sixth 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 Sixth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Sixth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 7-704. Successors and Assigns. This Sixth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 8 4821-5306-0883.2 Section 7-705. Applicable Law. This Sixth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 7-706. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non -individual person such as a business entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 7-707. Counterparts. This Sixth 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. 9 4821-5306-0883.2 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Sixth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH, VIRGINIA, By: Title: 10 4821-5306-0883.2 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 REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2013A INTEREST RATE MATURITY DATE DATED DATE CUSIP June 1, June _, 2013 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, 2013 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 June , 2013, if this bond is authenticated prior to December 1, 2013, 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 4821-5306-0883.2 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 fifteenth day of the month preceding 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 law 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 2013A (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, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012 and a Sixth Supplemental Agreement of Trust dated as of June 1, 2013 (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, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Agreement of Trust dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012 and a Fifth Supplemental Support Agreement dated as of June 1, 2013 (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 A-2 4821-5306-0883.2 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, its $45,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,000 Public Facility Revenue Bonds, Series 2012A and its $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B (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 finance the acquisition, construction and equipping of various capital improvements for the City and public school purposes. 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 FROM 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. A-3 4821-5306-0883.2 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 [June 1, 2024], may be redeemed prior to their respective maturities on or after [June 1, 2023], 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 A-4 4821-5306-0883.2 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 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) Attest: Secretary 4821-5306-0883.2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman A-5 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2013 This Bond is one of the Series 2013 Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer A-6 4821-5306-0883.2 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 4821-5306-0883.2 (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. FIFTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH, VIRGINIA Dated as of June 1, 2013 NOTE: THIS FIFTH 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 PREVIOUSLY SUPPLEMENTED AND AS FURTHER SUPPLEMENTED BY A SIXTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF JUNE 1, 2013, 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. 4814-0496-6675.2 TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clauses 1 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions 2 Section 1.2 Rules of Construction 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority 3 Section 2.2 Representations by City 4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2013 Bonds 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable 5 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption 6 i 4814-0496-6675.2 Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Section 7.6 Signatures Receipt ARTICLE VI SERIES 2013 ARBITRAGE REBATE FUND Series 2013 Arbitrage Rebate Fund 6 Rebate Requirements 6 Calculation and Report of Rebate Amount 7 Payment of Rebate Amount 7 Reports by Trustee 8 Disposition of Balance in Series 2013 Arbitrage Rebate Fund 8 ARTICLE VII MISCELLANEOUS Private Activity Covenants 8 Post -Issuance Compliance 9 Severability 9 Successors and Assigns 9 Counterparts 9 Governing Law 9 10 11 Exhibit A — Schedule or Payments Exhibit B — Description of Series 2013 Projects Exhibit C — Administrative Fee Schedule ii 4814-0496-6675.2 A-1 B-1 C-1 THIS FIFTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of June 1, 2013, 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 authorizes 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, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012 and a Sixth Supplemental Agreement of Trust dated as of June 1, 2013, 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 and a Fourth Supplemental Support Agreement dated as of June 1, 2012 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 a series of Bonds in the principal amount of $ (the "Series 2013 Bonds") and to loan such proceeds to the City to finance the cost of the Series 2013 Projects (as such term is hereinafter defined) pursuant to the terms of this Fifth 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 Fifth 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 Fifth 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 Fifth 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 Fifth 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 Sixth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Sixth Supplemental Agreement of Trust" shall mean the Sixth Supplemental Agreement of Trust dated as of June 1, 2013, 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. "Series 2013 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2013A, authorized to be issued pursuant to the Sixth Supplemental Agreement of Trust. 2 4814-0496-6675.2 "Series 2013 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 2013 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Support Agreement" shall mean the Master Support Agreement as previously supplemented and amended and as supplemented and amended by this Fifth Supplemental Support Agreement. "Fifth Supplemental Support Agreement" shall mean this Fifth Supplemental Support Agreement dated as of June 1, 2013, between the Authority and the City, which supplements the Master Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply to the construction of this Fifth 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 Fifth Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Fifth Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Fifth 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. Section 2.1 ARTICLE II REPRESENTATIONS 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; 3 4814-0496-6675.2 (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 110 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; (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 4 4814-0496-6675.2 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 2013 Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2013 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2013 Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. 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. Such fee schedule is reproduced in Exhibit C. 5 4814-0496-6675.2 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 2013 Bonds to be redeemed as set forth in such Series 2013 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 2013 Bonds as set forth in the Series 2013 Bonds. The Series 2013 Bonds shall be prepaid or redeemed in the manner and at the times set forth in the Series 2013 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 2013 Bonds on the date or dates of their redemption. The City shall give the Trustee notice of any redemption of such Series 2013 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 2013 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 2013 ARBITRAGE REBATE FUND Section 6.1 Series 2013 Arbitrage Rebate Fund. There is hereby established the City of Virginia Beach, Virginia, Series 2013 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2013 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 2013 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 2013 Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying for any exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2013 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 2013 Bonds. 6 4814-0496-6675.2 Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects June 1 as the end of the bond year with respect to the Series 2013 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 2013 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 2013 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 2013 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 2013 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 payment of the Series 2013 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 2013 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 2013 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 7 4814-0496-6675.2 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 June 1 and within 10 days after the final payment of the Series 2013 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 2013 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 2013 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 2013 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 of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2013 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 2013 Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed 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 tax -advantaged governmental purpose 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, and to notify the Authority of the matter and corrective action taken or to be taken. The Authority agrees to cooperate with the City in any instance where action of the Authority may be required in connection with the City's corrective action. 8 4814-0496-6675.2 Section 7.3 Severability. If any provision of this Fifth 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 Fifth 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 Fifth 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 Fifth Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 9 4814-0496-6675.2 1 IN WITNESS WHEREOF, the parties have caused this Fifth 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 By: Chairman CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: 10 4814-0496-6675.2 RECEIPT Receipt of the foregoing original counterpart of the Fifth Supplemental Support Agreement dated as of June 1, 2013, 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 By: Title: 11 4814-0496-6675.2 I SCHEDULE OF PAYMENTS A-1 4814-0496-6675.2 EXHIBIT A DESCRIPTION OF SERIES 2013 PROJECTS B-1 4814-0496-6675.2 EXIIIBIT B EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL REVENUE BOND ADMINISTRATIVE FEE SCHEDULE Due Date Administration Fee 2002 Bonds Administration Fee All Other Bonds Administration Fee Total Bonds 12/1/10 $27,556.25 $35,000.00 $62,556.25 12/1/11 $26,612.50 $35,000.00 $61,612.50 12/1/12 $25,518.75 $35,000.00 $60,518.75 12/1/13 $24,037.50 $35,000.00 $59,037.50 12/1/14 $22,412.50 $35,000.00 $57,412.50 12/1/15 $20,600.00 $35,000.00 $55,600.00 12/1/16 $18,537.50 $35,000.00 $53,537.50 12/1/17 $16,225.00 $34,205.00 $50,430.00 12/1/18 $13,631.25 $29,222.50 $42,853.75 12/1/19 $10,725.00 $23,970.00 $34,695.00 12/1/20 $7,493.75 $18,430.00 $25,923.75 12/1/21 $3,925.00 $12,597.50 $16,522.50 12/1/22 $0.00 $6,455.00 $6,455.00 12/1/23 $0.00 $0.00 $0.00 C-1 4814-0496-6675.2 -62 - Item —V -J.3 ORDINANCES/RESOLUTIONS ITEM #62843 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement establishing the Hampton Roads Regional Stormwater Management Program Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 I 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY 3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT 4 PERTAINING TO THE HAMPTON ROADS REGIONAL 5 STORMWATER MANAGEMENT PROGRAM 6 7 8 WHEREAS, in September 2003 and in March 2008, the member jurisdictions 9 comprising the Hampton Roads Planning District Commission ("HRPDC"), including the 10 City of Virginia Beach, entered into a Memorandum of Agreement with HRPDC to 11 establish the Hampton Roads Regional Stormwater Management Program ("Program"); 12 and 13 14 WHEREAS, the Program coordinates actions and leverages funding for technical 15 and advisory assistance to help localities meet the requirements of state -issued 16 stormwater permits, and includes cooperative initiatives in the following areas: 17 18 • Environmental Education; 19 20 • Control of construction site stormwater runoff; 21 22 • Management of stormwater impacts associated with post -construction; 23 24 • Illicit discharge detection and elimination; 25 26 • Municipal pollution prevention; 27 28 • Regional cooperative monitoring; 29 30 • Regional cooperative data tracking; and 31 32 • Monitoring of regulatory changes; 33 34 and 35 36 WHEREAS, the current Memorandum of Agreement expires on June 30, 2013; 37 and 38 39 WHEREAS, it is in the best interests of the City and its residents and businesses 40 to continue participation in the Program; 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the City Manager is hereby authorized and directed to execute, on behalf of 46 the City of Virginia Beach, the Memorandum of Agreement Establishing the Hampton 47 Roads Regional Stormwater Management Program, a summary of the material terms of 48 which is hereto attached and a copy of which is on file in the City Clerks' Office. 49 50 Adopted by the City Council of the City of Virginia Beach on the day of 51 May , 2013. 52 53 54 55 Approved as to Content: Approved as to Legal Sufficiency: 56 28th 57 58 59 Pub W/rks Department 60 61 62 CA -12636 63 May 14, 2013 64 R-2 65 City Attorney's Office 2 HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM MEMORANDUM OF AGREEMENT SUMMARY OF MATERIAL TERMS PURPOSE: Address issues arising from Virginia stormwater management regulations by using regional goals to guide the operation of signatories' stormwater management programs. PARTIES: Hampton Roads Planning District Commission and member jurisdictions. TERM: Expires June 30, 2018. COST: Pro -rata cost, plus extra services based upon formula (estim. $90,000 first year, subject to appropriation). DUTIES: HRPDC: • Provide technical support and policy analysis related to stormwater and water quality issues • Provide the necessary administrative, technical and clerical resources to support program activities • Prepare an annual work program and budget for the Hampton Roads Regional Stormwater Management Program. • Assist the localities in coordinating reporting to other state and federal agencies to ensure that program requirements are met in a cost-effective manner • Conduct a regional stormwater education program • Develop and conduct a regional training program for municipal employees, contractors, civic leaders and other interested parties. • Respond to requests from all signatory local governments for technical assistance. • Provide other technical support, as requested, to the signatory local governments. LOCALITIES: • Upon request from one or more participating localities, conduct technical studies to support compliance by the localities with MS4 permit requirements and VSMP program requirements. • Facilitate development of multi -jurisdictional management plans for shared watersheds, as requested. • Take steps, in conjunction with the signatory local governments, to obtain financial support for program activities from outside sources, including state, federal and private grants. • Contract with and manage consultants to support the regional program. • Represent the Hampton Roads Regional Stormwater Management Program at federal, state, regional and local governmental, civic, professional and political organizations, agencies, and committees • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the signatory localities. • Facilitate local government involvement in TMDL studies being prepared through the Virginia Department of Environmental Quality and EPA and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region as requested. • Prepare an annual report of activities undertaken through the Hampton Roads Stormwater Management Program. • Identify state and federal regulatory actions that may affect local government stormwater programs, serve on regulatory advisory panels (RAPs) as necessary, conduct policy analysis, and develop policy recommendations on behalf of the HRPDC. • Coordinate the compilation of regional data for MS4 permit annual reports to the appropriate regulatory authority. • Appoint one voting member and alternates, as appropriate, to the Regional Environmental Advisory Committee to represent the local government stormwater and water quality related concerns. 2 I • Appoint a representative and alternates, as appropriate, to the stormwater education subcommittee of askHRGreen.org. • Provide all locally generated data required by their MS4 permits and such other data as may be necessary to accomplish locally requested services. • Provide timely technical review of HRPDC analyses and conclusions. • Participate in regional efforts to conduct public outreach and education activities in regard to the state's TMDL study process and efforts to develop TMDL Implementation Plans for impaired waters lying within the locality or within watersheds that include the locality. • Provide input on regulatory issues to HRPDC staff and serve on Regulatory Advisory Panels (RAPs) or provide input to the regional RAP representative as appropriate. • Support HRPDC efforts to obtain additional funding to support the regional programs, to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Provide annual funding to support the agreed-upon regional program. 3 1 MEMORANDUM OF AGREEMENT ESTABLISHING THE 2 HAMPTON ROADS REGIONAL STORMWATER 3 MANAGEMENT PROGRAM 4 5 6 WHEREAS, Section 15.2-4200 of the Code of Virginia enables local 7 governments to establish Planning District Commissions; and 8 9 WHEREAS, the eighteen local governments that are signatories to this 10 Agreement have acted, in accordance with Section 15.2-4200 of the Code of Virginia, to 11 establish the Hampton Roads Planning District Commission (HRPDC); and 12 13 WHEREAS, the HRPDC has been requested and has undertaken various 14 studies to support local government stormwater management programs, including 15 compliance with Virginia Stormwater Management Program (VSMP) Municipal Separate 16 Storm Sewer (MS4) Permits; and 17 18 WHEREAS, the signatory local governments have requested the HRPDC to 19 administer and coordinate a regional stormwater management program; and 20 21 WHEREAS, pursuant to the Clean Water Act, the U.S. Environmental Protection 22 Agency (EPA) has promulgated implementing regulations, 40 Code of Federal 23 Regulations Part 122, which established the National Pollutant Discharge Elimination 24 System (NPDES) Permits for Municipal Separate Storm Sewer System (MS4) 25 Discharges; and 26 27 WHEREAS, pursuant to the Virginia Stormwater Management Act, 10.1-603.1, 28 et. seq. of the Code of Virginia, 1950 As Amended, the Board of Soil and Water 29 Conservation has promulgated implementing regulations 4 VAC 50-60, et. seq., which 30 establish the requirements that localities obtain permits for their MS4 discharges; and, 31 32 WHEREAS, the majority of the eighteen signatory local governments are 33 required by their MS4 permits to conduct certain activities, including reporting on their 34 discharges, conducting public information and education programs, and certain other 35 activities; and 36 37 WHEREAS, the Water Quality Monitoring and Reporting Act and implementing 38 regulations promulgated by the State Water Control Board establish requirements for 39 the preparation of Total Maximum Daily Load (TMDL) Implementation Plans, which 40 apply to activities conducted by localities in general as well as activities conducted in 41 implementing MS4 permit requirements; and, 42 43 WHEREAS, the Chesapeake Bay Preservation Act and the Virginia Erosion and 44 Sediment Control Law and implementing regulations also establish stormwater 45 management requirements that govern one or more of the eighteen signatory local 46 governments; and, 47 1 48 WHEREAS, sixteen local governments and the HRPDC executed the 49 Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater 50 Management Program on September 5, 2003 and that Agreement expired on 51 December 31, 2007; and, 52 53 WHEREAS, eighteen local governments and the HRPDC executed the 54 Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater 55 Management Program on March 6, 2008 and that Agreement expires on June 30, 2013, 56 57 NOW THEREFORE, the signatory parties enter into the following Agreement. 58 59 This Memorandum of Agreement entered into this first day of July 2013, among 60 and between the eighteen local governments in Hampton Roads and the HRPDC, 61 establishes and maintains the Hampton Roads Regional Stormwater Management 62 Program. 63 64 BASIC PREMISES 65 66 All local governments in Hampton Roads operate stormwater management 67 programs. 68 69 The Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and 70 Virginia Beach received VPDES Permits in 1996. Those permits, which were renewed 71 in 2001, govern the discharges from their MS4s to waters of the state and impose 72 certain operational and reporting requirements on those systems. In 2005, these 73 permits were converted to VSMP permits. These permits must be renewed on a five (5) 74 year basis and the localities applied for renewed permits in 2005. Localities continue to 75 operate programs under administratively continued permits. Permit renewals are 76 expected in 2014. 77 78 The Cities of Poquoson, Suffolk and Williamsburg and the Counties of 79 Gloucester, Isle of Wight, James City, and York were all identified by the EPA as 80 requiring VPDES permits under Phase II of the MS4 regulations. Those localities that 81 operate MS4s obtained VPDES permits in March 2003. Those permits also imposed 82 certain operational and reporting requirements on those systems. In 2005, these 83 permits were converted to VSMP permits. These permits must be renewed on a five (5) 84 year basis with the next renewal planned for 2013. 85 86 Although Gloucester County was initially identified by the EPA as requiring a 87 Phase II MS4 permit, it was subsequently determined that permit coverage for 88 Gloucester County was not required. 89 90 The City of Franklin, the Counties of Gloucester, Southampton and Surry and the 91 Towns of Smithfield and Windsor are governed by stormwater management 92 requirements established under the Virginia Stormwater Management Act and the 93 Virginia Erosion and Sediment Control Law. The Chesapeake Bay Preservation Act 94 also governs Gloucester and Surry Counties and the Towns of Smithfield and Windsor. 95 2 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 As of July 1, 2014, all localities must develop stormwater management programs that meet the minimum requirements established in the Virginia Stormwater Management Act. The Virginia Stormwater Management Act imposes operational and reporting requirements on all localities that are required to implement stormwater management programs. The local governments are interested in managing stormwater in a manner which protects and does not degrade waters of the state and which meets locally established quality of life goals and objectives. The Clean Water Act and the VSMP require that stormwater quantity and quality be managed to the maximum extent practicable. In carrying out their stormwater management responsibilities, the aforementioned local governments have developed a consensus on regional goals to guide the operation of their stormwater management programs. Initially, approved by the HRPDC at its Executive Committee Meeting of September 15, 1999, they are: 1. Manage stormwater quantity and quality to the maximum extent practicable (MEP) Implement best management practices (BMP) and retrofit flood control projects to provide water quality benefits. Support site planning and plan review activities. Manage pesticide, herbicide and fertilizer applications. Implement public information activities to increase citizen awareness and support for the program. 3. Meet the following needs of citizens: Address flooding and drainage problems. Maintain the stormwater infrastructure. Protect waterways. Provide the appropriate funding for the program. 4. Implement cost-effective and flexible program components. 5. Satisfy MS4 stormwater permit requirements: Enhance erosion and sedimentation control. Manage illicit discharges, spill response, and remediation. This Agreement establishes the administrative framework, which will be used by the local governments in Hampton Roads to address certain stormwater management requirements under the above-cited state and federal laws and regulations. Eighteen local governments in the Hampton Roads Region will be participants in and signatories to the Agreement. 3 144 145 HRPDC RESPONSIBILITIES 146 147 Under the terms of this Agreement, the HRPDC staff is responsible for the following: 148 149 Provide technical support and policy analysis related to stormwater and water quality 150 issues to local government staff. 151 152 Provide the necessary administrative, technical and clerical resources to support 153 program activities in order to ensure that the MS4 permit-holding cities and counties 154 meet applicable stormwater management requirements. 155 156 Prepare an annual work program and budget for the Hampton Roads Regional 157 Stormwater Management Program. The annual work program will be incorporated into 158 the HRPDC Unified Planning Work Program and the annual budget will be incorporated 159 into the HRPDC budget. 160 161 Assist the signatories in coordinating reporting on stormwater related activities to other 162 state and federal agencies to ensure that program requirements are met in a cost- 163 effective manner, which minimizes duplicative reporting and the administrative burden 164 on the signatories. 165 166 Conduct a regional stormwater education program. This will include public education 167 activities and may include outreach to specific economic sectors and groups. The 168 stormwater education subcommittee of askHRGreen.org will be responsible for guiding 169 the development of original materials, including publications, media advertising and 170 promotional items. This may also include development of locality-specific materials or 171 coordination of bulk purchases. The stormwater education subcommittee of 172 askHRGreen.org will coordinate with HRPDC staff on the educational and outreach 173 components of the Hampton Roads Regional Stormwater Management Program. 174 175 Develop and conduct a regional training program for municipal employees, contractors, 176 civic leaders and other interested parties. The training program will emphasize 177 stormwater management, pollution prevention and permit issues. 178 179 Respond equitably and in a timely fashion to requests from all signatory local 180 governments for technical assistance. The time frame for responses will be based on 181 experience, the complexity of individual requests and the overall work load of program 182 staff. 183 184 Provide other technical support, as requested, to the signatory local governments. 185 186 Upon request from one or more participating localities, conduct technical studies to 187 support compliance by the localities with MS4 permit requirements and VSMP program 188 requirements. 189 190 Facilitate development of multi-jurisdictional management plans for shared watersheds, 191 as requested. 4 192 193 Take steps, in conjunction with the signatory local governments, to obtain financial 194 support for program activities from outside sources, including state, federal and private 195 grants, to the extent that this may be accomplished without creating a conflict of 196 interest, as determined by the signatory local governments. 197 198 Contract with and manage consultants, including both private firms and academic 199 institutions, to support the regional program, including provision of requested services to 200 local governments in excess of the common program elements. 201 202 Represent the Hampton Roads Regional Stormwater Management Program at federal, 203 state, regional and local governmental, civic, professional and political organizations, 204 agencies, and committees. 205 206 Provide technical and administrative support, as appropriate, to those localities that are 207 required to develop stormwater management programs to meet VSMP requirements, 208 but that are not required to obtain MS4 permits for their stormwater discharges. 209 210 Prepare annual program reports, or components thereof, which comply with the 211 provisions of the MS4 permits and stormwater management programs of the signatory 212 localities. 213 214 Facilitate local government involvement in TMDL studies being prepared through the 215 Virginia Department of Environmental Quality and EPA and facilitate preparation of 216 TMDL Implementation Plans for impaired waters in the Hampton Roads Region as 217 requested. 218 219 Prepare an annual report of activities undertaken through the Hampton Roads 220 Stormwater Management Program. This report will include summaries of related 221 activities undertaken on a cooperative basis by the signatories. 222 223 Identify state and federal regulatory actions that may affect local government 224 stormwater programs, serve on regulatory advisory panels (RAPs) as necessary, 225 conduct policy analysis, and develop policy recommendations on behalf of the HRPDC. 226 227 Coordinate the compilation of regional data for MS4 permit annual reports to the 228 appropriate regulatory authority. 229 230 231 232 233 LOCAL GOVERNMENT RESPONSIBILITIES 234 235 Under the terms of the Agreement, the signatory local governments are responsible for 236 the following: 237 238 Appoint one voting member and alternates, as appropriate, to the Regional 239 Environmental Advisory Committee to represent the local government stormwater and 5 240 water quality related concerns. Generally, the voting representative should be the MS4 241 permit or program administrator. 242 243 Appoint a representative and alternates, as appropriate, to the stormwater education 244 subcommittee of askHRGreen.org. 245 246 Provide, in a timely fashion, all locally generated data required by their MS4 permits and 247 such other data as may be necessary to accomplish locally requested services. 248 Provide timely technical review of HRPDC analyses and conclusions. 249 250 Participate in regional efforts to conduct public outreach and education activities in 251 regard to the state's TMDL study process and efforts to develop TMDL Implementation 252 Plans for impaired waters lying within the locality or within watersheds that include the 253 locality. 254 255 Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide input 256 to the regional RAP representative as appropriate. 257 258 Support HRPDC efforts to obtain additional funding to support the regional programs, to 259 the extent that this may be accomplished without creating a conflict of interest, as 260 determined by the signatory local governments. 261 262 Provide annual funding to support the agreed-upon regional program. 263 264 METHOD OF FINANCING 265 266 Program costs will be allocated on a pro-rata basis among the local governments. 267 Annual costs will be allocated according to a formula reflecting the local share of 268 regional population. Costs for additional projects or services will be allocated based on 269 a formula developed by the HRPDC staff and approved by the HRPDC with the 270 concurrence of the signatory local governments. The most current estimate of 271 population developed by the Weldon Cooper Center for Public ServiceNirginia 272 Employment Commission will be used as the population base for allocating program 273 costs. Local contributions may be adjusted on an annual basis to reflect program 274 experience and projected program expenditures necessary to satisfy permit 275 requirements and local needs. A locality will not be assessed for any services which it 276 refuses in writing. 277 278 Individual local governments may request specific services from the HRPDC, which are 279 in excess of the program elements common to all participants. The cost of such 280 services will be borne by the requesting locality or localities. 281 282 Financial support from other entities, such as state and federal agencies, and the 283 private sector, may be sought and obtained to support the activities of the Hampton 284 Roads Regional Stormwater Management Program , to the extent that this may be 285 accomplished without creating a conflict of interest, as determined by the signatory local 286 governments.. 287 6 288 AVAILABILITY OF FUNDS 289 290 Performance by the HRPDC of its responsibilities under this Agreement is subject to the 291 availability of funding from the signatory local governments. Failure of the local 292 governments to provide the necessary funding to support these activities will constitute 293 a Notice to Modify or Terminate the Agreement. 294 295 MODIFICATIONS 296 297 Modifications to this Memorandum of Agreement must be submitted in writing, approved 298 by the HRPDC, and accepted by all signatories. 299 300 DURATION AND TERMINATION 301 302 This Agreement will have a term of five years, extending from the date of full execution 303 of the renewed Agreement by the signatories or June 30, 2013, whichever occurs last 304 through June 30, 2018. To conform to local government charter and Virginia Code 305 requirements, the funding provisions of this Agreement will be subject to annual 306 appropriations. 307 308 No later than January 1, 2018, the signatories will institute a formal reevaluation of the 309 Hampton Roads Regional Stormwater Management Program. This reevaluation will 310 serve as the basis for appropriate modification of the Agreement and the Hampton 311 Roads Regional Stormwater Management Program. 312 313 Any signatory may terminate its participation in the Hampton Roads Regional 314 Stormwater Management Program by written Notice To Terminate to all other parties. 315 Such termination will be effective with the start of the following Fiscal Year. Depending 316 upon the terms of individual VSMP permits, termination of participation in the Hampton 317 Roads Regional Stormwater Management Program in the middle of a permit term may 318 result in changes to permit conditions and require renegotiation of the individual 319 locality's VSMP permit from the state (Virginia Department of Conservation and 320 Recreation). 321 322 OWNERSHIP OF PROPERTY 323 324 It is not the intent of the signatories that the Memorandum of Agreement will result in the 325 purchase, ownership, leasing, holding or conveying of any real property. 326 327 INDEMNITY 328 329 It is the intent of the signatories that no signatory will be held liable for any damage or 330 associated penalties caused by or associated with the failure of any other signatory to 331 discharge its duties or to exercise due diligence in discharging its duties under this 332 Agreement, and that no signatory, by entering this Agreement, waives any defenses or 333 immunities available to it at law, including, but not limited to, those set forth in Section 334 15.2-970 of the Code of Virginia. 335 7 I 336 It is the intent of the signatories that no signatory will be held liable for any damage or 337 associated penalties caused by or associated with the failure of any other signatory to 338 comply with the terms and conditions of the signatory's VSMP permit. 339 340 341 342 343 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 344 LIST OF SIGNATORIES 345 346 Signature pages will be signed in counterparts. 347 348 CITY OF CHESAPEAKE 349 350 CITY OF FRANKLIN 351 352 GLOUCESTER COUNTY 353 354 CITY OF HAMPTON 355 356 ISLE OF WIGHT COUNTY 357 358 JAMES CITY COUNTY 359 360 CITY OF NEWPORT NEWS 361 362 CITY OF NORFOLK 363 364 CITY OF POQUOSON 365 366 CITY OF PORTSMOUTH 367 368 SOUTHAMPTON COUNTY 369 370 CITY OF SUFFOLK 371 372 SURRY COUNTY 373 374 CITY OF VIRGINIA BEACH 375 376 CITY OF WILLIAMSBURG 377 378 YORK COUNTY 379 380 TOWN OF SMITHFIELD 381 382 TOWN OF WINDSOR 383 384 HAMPTON ROADS PLANNING DISTRICT COMMISSION 385 386 This listing of participants will be followed by individual signature pages. 387 388 389 390 391 li 392 393 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and 394 the Executive Director of the Hampton Roads Planning District Commission hereby 395 execute this Agreement. 396 397 City of Virginia Beach 398 399 400 401 402 By: 403 City Manager or Designee 404 405 406 Date: 407 408 409 Date: 410 411 412 Attest: 413 10 -63- Item-V-J.4a ORDINANCES/RESOLUTIONS ITEM #62844 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Beach Community Development Corporation (VBCDC) re use of residential properties at 1541 New York Avenue and 200 Webster Place Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE LEASES FOR FIVE YEARS OR LESS WITH VIRGINIA 3 BEACH COMMUNITY DEVELOPMENT CORPORATION FOR 4 THE USE OF TWO (2) RESIDENTIAL PROPERTIES (GPINS: 5 2407-94-8554 AND 2417-15-3174). 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of 8 those certain parcels of land and the residences thereon located at 1541 New 9 York Avenue (GPIN 2407-94-8554); and 200 Webster Place (GPIN 2417-15- 10 3174) and shown on Exhibit "A" attached hereto (the "Properties"); 11 12 WHEREAS, the Virginia Beach Community Development Corporation 13 ("VBCDC") has requested to lease the Properties for $1.00 per year each, and 14 will perform all required maintenance; 15 16 WHEREAS, City Council approved the pending leases of the Properties 17 by VBCDC pursuant to Ordinance 3039E adopted June 24, 2008. The pending 18 leases will expire on June 30, 2013; 19 20 WHEREAS, VBCDC would like to enter into formal leases with the City for 21 the Properties pursuant to the Summary of Terms attached hereto as Exhibit "B"; 22 and 23 24 WHEREAS, the Properties will be utilized for affordable housing for 25 Virginia Beach residents and for no other purpose. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute two (2) leases, 31 each for a term of five years or less, between VBCDC and the City, for the 32 Properties in accordance with the Summary of Terms attached hereto and such 33 other terms and conditions deemed necessary and sufficient by the City Manager 34 and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 28th 37 day of May , 2013. CA12538 2/8/13 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d008\p021 \00057144.doc APPROVED AS TO LEGAL APPROVED AS TO CONTENT Facilities nagemen EXHIBIT "A" GPIN: 2407-94-8554 ALL THAT certain lot, piece, or parcel of land, together with the buildings and improvements thereon, situate, Tying and being in the City of Virginia Beach, Virginia, and known and designated as the Northern one-half of Lot 8, Block 5, Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at page 51. IT BEING the same property conveyed to the City of Virginia Beach by deed from Karen B. McGuire, dated November 29, 2007, and recorded in the aforesaid Clerk's Office as Instrument Number 20071217001659630. GPIN: 2417-15-3174 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach (formerly Princess Anne County), Virginia and being known, numbered and designated as Lot Ten (10), as shown on that certain plat entitled, "Bartow Heights," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 54, at page 45.. IT BEING the same property conveyed to the City of Virginia Beach from Roland S. Bell and Chris T. Bell by deed dated March 19, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080409000407640. I EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: Two residential properties: • 1541 New York Avenue (GPIN 2407-94-8554); and • 200 Webster Place (GPIN 2417-15-3174). TERM: July 1, 2013, through June 30, 2014, with 4 one-year renewal options RENT: $1.00 per year for each property RIGHTS AND RESPONSIBILITIES OF VBCDC (as to each lease): • Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. • At no time shall more than one single-family reside in the dwelling unit. • Will keep, repair, and maintain the Premises at its expense. • Will maintain, and replace as necessary, noise attenuation improvements and will maintain the property in compliance with all City Codes. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate each lease at any time without cause upon thirty (30) days' written notice. 9 or w•ti. " MetI 11111MIRO* < 0 (15 1 NT O ar > r• 4 CL O 0 J a- n. N LL C� 0 0 3 GMEI VNd390 N um n i. vng .D m a o O I w I E J -64- Item-V-J.4b ORDINANCES/RESOLUTIONS ITEM #62845 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFFERED TO JUNE 11, 2013, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE Leases: b. AH Sandbridge, LLC re right-of-way at 2101 Princess Anne Road to erect temporary signage Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -65- Item-V-J.4c ORDINANCES/RESOLUTIONS ITEM #62846 The, following individual registered to speak: Ross Vierra, 2216 Devore Court, Phone: 470-2068, Chairman Virginia Gentleman's Foundation, spoke in SUPPORT. Mr. Vierra stated the location is centrally located to many of the City's great amenities and conforms with the City's Master Plan. A Wetland's Delineation has been conducted and meets the requirements. The Navy is in full support of this Camp. The Group has met with the surrounding neighbors and is continuing to do so in an effort to address neighborhood concerns. This project is a huge step toward enriching the lives of special needs children and disabled Veterans and their families. The Group continues to work with City Engineers to cause the least amount of impact for sound and lighting. Billy Almond, 209 70th Street, Phone: 422-9522, spoke in SUPPORT, stating the design and layout of the Canip has been compressed according to the Wetlands Delineation. The ropes course and trails will be the only activity taking place outside of the upland area. The areas of development are located in the South East part of the property. The man-made lake has been reduced to 3.5 acres and the group is dedicated to preserving as much land as possible. " Green" practices are preserved throughout the entire project. Jim Cahoon, 648 Independence Boulevard, Suite 100, Phone: 816-4997, with Bay Environmental, spoke in SUPPORT, stating a good deal of the Wetlands adjoin Birdneck Lake; however, there will be no direct impact to the Wetlands. Ryan Rico spoke in SUPPORT. Mr. Rico advised it is combination of powerful and beautiful to live in a land where you have a voice. Mr. Rico spent many years in Naval Special Warfare; and, on behalf of that community, is asking the City to support this project. This project is a perfect picture of what is American; and, above everything, reminding the City to provide highest focus on highest priority. Teresa Mills, 949 Kela Crescent, Phone: 286-2411, a 25 year resident of Birdneck Lake, requested City Council DEFER this matter until the Planning Commission has an opportunity to consider same. Ms. Mills is concerned that by awarding the Lease, it will discount the Planning Commission's decision. Renee Bradshaw, 1088 Tree fern Drive, Phone: 377-3045, President of Birdneck Lake Home Owner's Association, spoke in OPPOSITION. Ms. Bradshaw is concerned the lake will cause flooding. Ms. Bradshaw provided a copy of an online Petition. The Virginia Gentleman's Foundation has not asked what conditions the neighborhood would like. Birdneck Lake thinks the Camp is a wonderful idea but just not appropriate on this site. Lillian Gillikan, 1136 Treefern Drive, Phone: 343-1279, spoke in OPPOSITION. Ms. Gillikan is concerned about the impacts this project with have. She agrees the Camp is good for the City; however, there are more appropriate locations to construct this project. Karen Jacobs, 1225 Treefern Drive, Phone: 422-0973, spoke in OPPOSITION to the location of this Camp and requested the Homeowners Association be made aware of any meetings concerning this project. Ms. Jacobs expressed concern regarding the Deed Restriction legislation that the City included in the 2013 Legislative Package. Linda McConnell, 1125 Tree fern Drive, Phone: 428-1301, spoke in OPPOSITION. Ms. McConnell would like this project to be DEFERRED until an Impact Study is complete. May 28, 2013 -66- Item-V-J.4c ORDINANCES/RESOLUTIONS ITEM #62846(Continued) Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOOPTED, Ordinance to AUTHORIZE the City Manager to EXECUTE Leases: c. Virginia Gentlemen Foundation, Inc. re developing and operating a Camp for children with special needs and disabled Veterans at Prosperity Road Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 1 AN ORDINANCE AWARDING THE LEASE OF 2 CITY -OWNED PROPERTY LOCATED ON THE 3 WEST SIDE OF THE 1000 -BLOCK OF 4 PROSPERITY ROAD FOR THE PURPOSE OF 5 DEVELOPING AND OPERATING A CAMP FOR 6 CHILDREN WITH SPECIAL NEEDS AND DISABLED 7 VETERANS 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a 132+/- acre parcel of 10 property located on the west side of the 1000 -block of Prosperity Road (GPIN 2416-70- 11 8636) (the "City Property"); 12 13 WHEREAS, the City received an unsolicited proposal to lease a 69+/- acre 14 portion of the City Property (the "Premises") for the purpose of developing and operating 15 a camp for children with special needs and disabled veterans, and in response, the City 16 issued a request for proposals for lease of the Premises; 17 18 WHEREAS, on April 23, 2013, in response to the City's request for proposals, 19 one proposal was received from the Virginia Gentlemen Foundation, Inc., a 501(c)(3) 20 non-profit organization ("VGF"); and 21 22 WHEREAS, City staff has reviewed the proposal submitted by VGF and 23 recommends awarding a lease of the Premises to VGF in conformance with VGF's 24 proposal, for a term of 40 years, upon the terms and conditions as set forth in the 25 Summary of Terms attached hereto as Exhibit A. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease between Virginia 31 Gentlemen Foundation, Inc. and the City, for approximately 69 acres of City -owned 32 property, for the term of 40 years, in accordance with the Summary of Terms, attached 33 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 34 modifications as may be acceptable to the City Manager and in a form deemed 35 satisfactory by the City Attorney. 36 37 Ma Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of 38 y , 20 . APPROVED AS TO LEGAL SUFFICIENCY AND FORM: , City Attorney CA12550 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs0001 \P014\00063601.DOC R-1 May 21, 2013 APPROVED AS TO CONTENT: & Recreation EXHIBIT A - SUMMARY OF TERMS LEASE BETWEEN VIRGINIA GENTLEMEN FOUNDATION, INC. AND THE CITY OF VIRGINIA BEACH FOR CAMP GROM • Leased premises of approximately 69 acres (portion of GPIN 2416-70-8636) at the 1000 -block of Prosperity Road. • 40 year term (with extensions as permitted under Section 15.2-2100 of the Code of Virginia and approved by City Council). Rent of $1 per year. • Use restricted to day -use adventure camp and park for persons with special needs or disabilities, wounded veterans, and families of fallen heroes (together with certain accessory uses related and subordinate thereto). Programs and activities may include (but are not limited to) swimming, fishing, wakeboarding, canoeing, ropes course, and field activities. Such programs and activities may change over the years due to opportunities offered by medical and technological advancements. • No overnight stays, camping events, etc. will be allowed on the Premises, and Lessee must comply with all deed restrictions. • Lessee is responsible for obtaining all necessary local, state, and federal governmental approvals for any uses or construction on the Premises. No assignment or subletting will be permitted without prior City approval. • Lessee will indemnify City for injury to person or property that occurs on the premises during the term (except for injury caused by gross negligence or willful misconduct of City agents or employees). City will have no maintenance or capital repair/renovation responsibilities. Set up fees and recurring utility charges shall be the responsibility of the Lessee. • City will not subordinate its interest to the lien of a deed of trust (although the Lessee will be permitted to pledge its leasehold interest to one or more lenders to secure construction or other loans). Upon termination or expiration of the Lease, the City shall assume ownership of the Improvements. • Construction of the proposed recreational lake and at least two (2) permanent, programmable structures ("Improvements") will commence within three (3) years after final site plan approval or by July 1, 2017, whichever occurs first, and will be completed within two (2) years after commencement. • Once Improvements are complete, the camp must operate programs on a continuous basis. Official or unofficial closure of the camp (defined as no programs planned or held upon the property for 12 consecutive months or more), will result in the City's ability to invoke its right to terminate the Lease and take possession of the Improvements located on the Premises. Such 12 month period shall be tolled during periods of construction or renovation of the improvements located on the Premises, or during any periods in which the City restricts or denies the Lessee access to the Premises. a 2 z 0 V O J -67 - Item -V-J.5 ORDINANCES/RESOLUTIONS ITEM #62847 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re the Voluntary ACQUISITION of Properties at 516, 517, 520, 521 and 524 Downey Drive and TRANSFER $1,325,000 from the Princess Anne Road/Kempsville Road intersection improvements to various site acquisitions, Phase II Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 I 1 AN ORDINANCE APPROVING THE VOLUNTARY 2 ACQUISITION OF PROPERTIES LOCATED AT 516, 517, 3 520, 521 and 524 DOWNEY DRIVE IN VIRGINIA BEACH, 4 VIRGINIA AND TRANSFERRING $1,325,000 FROM CIP 2- 5 048 "PRINCESS ANNE ROAD/KEMPSVILLE ROAD 6 INTERSECTION IMPROVEMENTS" TO CIP 3-139 7 "VARIOUS SITE ACQUISITIONS — PHASE II" FOR THE 8 PURCHASES AND ASSOCIATED COSTS. 9 10 WHEREAS, the property owners of 516, 517, 520, 521 and 524 Downey Drive (the 11 "Properties") wish to sell the Properties to the City; 12 13 WHEREAS, the acquisition of the Properties will allow the City to implement a 14 portion of the Historic Kempsville Plan, and will contribute to the revitalization of the 15 surrounding area; 16 17 WHEREAS, agreements have been reached with each of the owners of the 18 Properties, and the City will only proceed if all Properties can be purchased and assembled 19 for future development; 20 21 WHEREAS, the Properties are located near the intersection of Princess Anne Road 22 and Kempsville Road, adjacent to the City's park site. It is a strategically important 23 acquisition that could contribute to the revitalization initiative for the Historic Kempsville 24 Plan and serve economic development goals of the City; and 25 26 WHEREAS, the funding for the purchase of the Properties and associated expenses 27 in the amount of up to $1,325,000, are not needed in the immediate fiscal year for CIP 2- 28 048 "Princess Anne Road/Kempsville Road intersection Improvement" and will be 29 transferred to CIP 3-139 "Various Site Acquisitions — Phase II" to cover costs relating to the 30 acquisition and demolition of the Properties. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 33 VIRIGNIA BEACH, VIRGINIA: 34 35 1. That the City Council authorizes the voluntary acquisition of the Properties 36 pursuant to Section 15.2-1800 of the Code of Virginia (1950), as amended, in accordance 37 with the terms and conditions set forth on the Summary of Terms, attached hereto as 38 Exhibit A and made a part hereof. 39 40 2. The City Council hereby authorizes the transfer $1,325,000 from CIP 2-048 41 "Princess Anne Road/Kempsville Road Intersection Improvement" to CIP 3-139 "Various 42 Site Acquisitions — Phase ll" for the voluntary purchases and related costs. 43 44 3. The City Manager is hereby authorized to execute any and all documents 45 necessary to acquire the Properties, so long as such documents are in accordance with the 46 Summary of Terms, and such other terms and conditions or modifications as may be 47 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of 50 May , 2013. CA12565 R-1 5/2/13 \\vbgov.com \dfs1 \applications\citylawprod\cycom32\wpdocs\d001 \p015\00067541.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Iic Works Rail E k City A APPROVED AS TO CONTENT: Management Services I EXHIBIT A Summary of Terms Acquisition of 516, 517, 520, 521 and 524 Downey Drive BUYER: City of Virginia Beach SELLERS/PROPERTY: 1) Jennifer Logan - 516 Downey Drive and adjacent vacant lot — (GPINs: 1466-78-8288 and 1466-78- 8214) 2) Retha Gorham - 517 Downey Drive (GPIN: 1466-88- 0219) 3) Trade Investments, LLC - 520 Downey Drive (GPIN: 1466-78-8159) 4) James M. Strickland 521 Downey Drive (GPIN: 1466-88-0200) 5) Bobby Mitchum, Jr. and Bradley Steinberger - 524 Downey Drive (GPIN: 1466-78-8143) CONSIDERATION: 1) Logan: Total purchase price of $203,040, plus an additional $7,500 to move personal property from the site. 2) Gorham: Total purchase price of $217,440, plus actual, reasonable moving expenses for a complete pack and unpack move to New Bern, NC, which shall not exceed $22,601.21. In addition, actual, reasonable costs to construct ADA - compliant improvements to Seller's new residence, which shall not exceed $7,000. 3) Trade Investments, LLC: Total purchase price of $176,760, plus an additional $7,500 to move personal property from the site. 4) Strickland: Total purchase price of $228,720, plus an additional $7,500 to move personal property from the site. 5) Mitchum/Steinberger: Total purchase price of $218,400, plus an additional $7,500 to move personal property from the site. 1 ADDITIONAL TERMS: • Each acquisition is expressly conditioned upon each and every Seller executing an Agreement of Sale with the City with respect to the above properties and the satisfaction of all contingencies slated in each such agreement. • All Sellers may enter into a Possession Agreement with the City to remain in their residences for a limited time after closing. • Sellers shall each execute a full and final release in the favor of the City of Virginia Beach relating to any damage to or taking of their respective property, and all pending actions shall be promptly dismissed with prejudice. • Upon entry of a final order dismissing pending litigation with the owners of 516, 521 and 524 Downey Drive, the City will pay the firm of Waldo & Lyle, P.C. the total sum of $75,000, which represents all fees, costs and legal expenses in these matters. 1 -68 - Item -V-J.6 ORDINANCES/RESOLUTIONS ITEM #62848 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for KAREN M. FLEMING to construct and maintain rip rap and a proposed dock at Lake Holly, 341 Lake Drive DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for KAREN M. FLEMING to construct and maintain rip rap and a proposed dock at Lake Holly, 341 Lake Drive DISTRICT 6 — BEACH The following condition shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond, or other security, May 28, 2013 -69- Item: -V-J.6 ORDINANCES/RESOLUTIONS ITEM #62848(Continued) in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notes the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. It is further expressly understood and agreed that the Grantee shall establish and maintain various types of shrubs and grass seed (the "Buffer') to be planted fifteen (15) feet landward of the bulkhead near the North property line. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000, per person injured and property damage per incident, combined with the City listed as an additional insured. The Company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 11. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 12. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachments, and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 -Eighth day of May, Two Thousand Thirteen May 28, 2013 -70 - Item -V-J.6 ORDINANCES/RESOLUTIONS ITEM #62848(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph May 28, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE HOLLY 7 LOCATED AT THE REAR OF 341 8 LAKE DRIVE, FOR PROPERTY 9 OWNER KAREN M. FLEMING 10 11 WHEREAS, Karen M. Fleming desires to maintain existing rip rap and to remove 12 and reuse portions to construct and maintain a proposed 44.2 L.F. (241 total sq. ft.) 13 wide rip rap and a 8' X 8' dock upon a portion of existing City property know as Lake 14 Holly, located at the rear of 341 Lake Drive, in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Karen M. Fleming, her heirs, 24 assigns and successors in title are authorized to maintain existing rip rap and to remove 25 and reuse portions to construct and maintain temporary encroachments for a proposed 26 44.2 L.F. (241 Total Sq. Ft.) wide rip rap and a 8' X 8' dock in a portion of existing City 27 property known as Lake Holly, as shown on the map marked Exhibit "A" and entitled: 28 "EXHIBIT A ENCROACHMENT PLAT SHOWING DOCK, RIP RAP AND 29 LANDSCAPING LOCATED IN DRAINAGE EASEMENTS FOR LOT 23A 30 RESUBDIVISION OF LOTS 22, 23, & 24 BLOCK 9 SUPPLEMENT TO MAP NO. 1 31 PINEWOOD PARK I.N. 20130115000060650 (PLAT) VIRGINIA BEACH, VIRGINIA" 32 SCALE: 1" = 20' MAY 2, 2013, a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Karen M. Fleming (the "Agreement"), which is attached 38 hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 44 time as Karen M. Fleming and the City Manager or his authorized designee execute the 45 Agreement. 46 28th 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of May , 2013. CA -12544 R-1 PREPARED: 5/20/13 APPROVED AS TO CONTENTS OR S, REAL ESTATE APPROVED AS TO LEGAL SUFFICE -KY AND FORM D• H•' ER, ASSO E ' TY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of Mav, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KAREN M. FLEMING, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 23A, Block 9"; as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 22, 23, & 24 BLOCK 9 SUPPLEMENT TO MAP NO. 1 PINEWOOD PARK M.B. 7 P. 168 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' OCTOBER 3, 2012, SHEET 1 OF 2, prepared by BRUCE W. GALLUP, LAND SURVEYOR FOR GALLUP SURVEYORS & ENGINEERS, LTD.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument #20130115000060650, and being further designated, known, and described as 341 Lake Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing rip rap and to remove and reuse portions to construct and maintain a proposed 44.2 L.F. (241 total sq. ft.) wide rip rap and a 8' X 8' dock, (collectively), the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 2427-15-4122-0000; (City Property - Known As Lake Holly) 2427-14-6777-0000; (341 Lake Drive) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Holly, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING DOCK, RIP RAP AND LANDSCAPING LOCATED IN DRAINAGE EASEMENTS FOR LOT 23A RESUBDIVISION OF LOTS 22, 23, & 24 BLOCK 9 SUPPLEMENT TO MAP NO. 1 PINEWOOD PARK I.N. 2013 0115000060650 (PLAT) VIRGINIA BEACH, VIRGINIA" SCALE: 1" = 20' MAY 2, 2013, prepared by DAVID R. BUTLER, PROFESSIONAL ENGINEER for GALLUP SURVEYORS & ENGINEERS, LTD., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width 3 1 landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain various types of shrubs and grass seed (the "Buffer"), to be planted fifteen (15) feet landward of the bulkhead near the North property line. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The Company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 4 1 It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Karen M. Fleming, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia 5 I Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013 by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 By alum, TY) Karen M. Fleming, Owner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1-.711 day of May , 2013, by Karen M. Fleming Notary Registration Number: 296723 My Commission Expires: June 30, 2016 APPROVED AS TO CONTENTS �NATI �E wiyo,vd 7/644, --%- DEPARTMENT 8 Notary Public 11,111/ii / Az. , 0 k. YP6j ... MY n COMMIS$+ON 1 _ NUMBER Q 29E3723 :2 Z.-", -, ., ...„' c. ''•,'ALTH 15,;4,7/ APPROVED AS TO LEGAL SUFFICIENCY AND FORM SQCJA'f' ITY ATTORNEY LAKE HOLLY NOW OR FORMERLY PROPOSED CITY OF VIRGINIA BEACH $ DOCKR9RAP D.B. 186 P. 536 _ EX•. M.B. 7 P. 168 GPIN: 2427-15-4122 LOT 25 M.B. 7 P. 168 GPIN:2427-14-6708 1270' TO RIP RAP R=110.0 L=45.93' PROPOSED RIP RAP (241 SQ. FT.) (L=44.2 L.F.) t) Lorn PROPOSED LANDSCAPING VARIOUS TYPES OF SHRUBS PIN(F) IN CONC. 0 L W LP co LOT 23A oo GPIN: 2427-14-6777 LOT 21 M.B. 7 P. 168 GPIN:2427-14-7723 MEDITERRANEAN AVE. .111O PIN(F) GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH. VIRGINIA 23454 (757)428-8132 50.05' N 7016'10" W LAKE DRIVE (40' R/W) PIN(F) EXHIBIT A ENCROACHMENT PLAT M.B 7 P. 168 SHOWING DOCK, RIP RAP AND LANDSCAPING LOCATED IN DRAINAGE EASEMENTS FOR LOT 23A RESUBDIVISION OF LOTS 22, 23, & 24 BLOCK 9 SUPPLEMENT TO MAP NO. 1 PINEWOOD PARK I.N. 20130115000060650 (PLAT) VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' MAY 2, 2013 PIN(F) IN CONC. G: \12-159.dwg F.B. 479 P. 72 G:\12\12-159 jpa.dwg, 5/17/2013 1:09:56 PM, 1:20, DB 1 i -71- Item-V-J.7a/b ORDINANCES/RESOLUTIONS ITEM #62849 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $128,000 from the Virginia E-911 Services Board PSAP Grant to Emergency Communications and Citizen Services to upgrade/replace the 911 Call Center equipment b. $189,740 re additional revenue from the sale of salvage materials for Fleet Management asset replacement Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 VIRGINIA E-911 SERVICES BOARD PSAP GRANT TO THE 3 DEPARTMENT OF EMERGENCY COMMUNCATIONS AND 4 CITIZEN SERVICES FY 2012-13 OPERATING BUGET TO 5 UPGRADE/REPLACE EXISTING COMMUNCATIONS 6 EQUIPMENT AND MISSION CRITICAL 911 7 WORKSTATIONS 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $128,000 is hereby accepted from the Virginia E-911 Services Board and 12 appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 13 Operating Budget of the Department of Emergency Communications and Citizen Services 14 to upgrade/replace existing equipment for 911 staff that process emergency 911 calls. 28th Adopted by the Council of the City of Virginia Beach, Virginia on the of May 2013. day 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 CA12656 R-1 May 16, 2013 1 AN ORDINANCE TO APPROPRIATE ADDITIONAL 2 REVENUE FROM SALE OF SALVAGE MATERIALS FOR 3 FLEET MANAGEMENT ASSET REPLACEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $189,740 is hereby appropriated, with estimated revenues from the sale of 9 salvage materials increased accordingly, to the FY 2012-13 Operating Budget for Fleet 10 Management asset replacement. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of May 2013. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attor CA12655 R-1 May 15, 2013 -72- Item-V-J.8a ORDINANCES/RESOLUTIONS ITEM #62850 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to TRANSFER: a. $1,080,000 from the Greenwich Road crossover and Cleveland Street intersection improvements to Laskin Road Gateway, Phase I -A Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: William R. "Bill" DeSteph May 28, 2013 1 AN ORDINANCE TO TRANSFER FUNDING FROM 2 CAPITAL PROJECT 2-401 — GREENWICH ROAD 3 CROSSOVER AND CLEVELAND STREET INTERSECTION 4 IMPROVEMENTS TO CAPITAL PROJECT 2-143 — LASKIN 5 ROAD GATEWAY — PHASE I -A TO COMPLETE 6 CONSTRUCTION 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $1,080,000 is hereby transferred from Capital Project 2-401 — Greenwich 12 Road Crossover and Cleveland Street Intersection Improvements to Capital Project 2- 13 143 — Laskin Road Gateway — Phase I -A to complete construction and install artwork. Adopted by the Council of the City of Virginia Beach, Virginia on the 28thday of May 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA12654 R-1 May 15, 2013 Y N -J co a 2 0 z w LL 0 Prepared by P.W./Eng.IEng. Support Services Bureau 04125/201 -73- Item-V-J.8/b ORDINANCES/RESOLUTIONS ITEM #62851 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to TRANSFER: b. $140, 000 within the Sheriff's Office re additional part-time employees Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 1 AN ORDINANCE TO TRANSFER $140,000 WITHIN THE 2 SHERIFF'S OFFICE FY 2012-13 OPERATING BUDGET 3 FOR THE PURPOSE OF FUNDING 3.75 PART-TIME FTES 4 TO ADDRESS WORKLOAD DEMANDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $140,000 is hereby transferred within the Sheriff's Office FY 2012-13 10 budget to provide additional part-time positions to address workload 11 demands; and 12 13 2. That the Sheriff's Office FY 2012-13 position total is hereby increased by 14 3.75 part-time positions. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of May 2013. APPROVED AS TO CONTENT: Management Services CA12653 R-1 May 15, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Item -V-K PLANNING -74- ITEM #62852 1. JASON GENTRY/MARK and VARIANCES NANCY VAUGHAN 2. GALLEON INVESTORS, IX, LLC VARIANCE 3. BISHOP SULLIVAN CATHOLIC HIGH SCHOOL/CATHOLIC DIOCESE OF RICHMOND MODIFICATION OF CONDITIONAL USE PERMIT 4. SANDRA MANBY WOLFORD CONDITIONAL USE PERMIT 5. DONA L. COX CONDITIONAL USE PERMIT 6. THEO'S PLAZA CONDITIONAL USE PERMIT 7. VERDAD REAL ESTATE, INC./ CONDITIONAL USE PERMIT SUSAN CHONG 8. ARMADA HOFFLER DEVELOPMENT COMPANY, LLC/DAVID B., LUKE H. and SUSIE WOOD HILL CONDITIONAL CHANGE OF ZONING ORDINANCE May 28, 2013 -75 - Item -V-K PLANNING ITEM #62853 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, 5, 6, 7 and 8 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -76- Item -V-K.1 PLANNING ITEM #62854 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of JASON GENTRY/MARK and NANCY VAUGHANfor Variances to Section 4.4 (d), which requires that lots have direct access to a public street and Section 4.4 (b), which requires that all lots meet the requirements of the City Zoning Ordinance (CZO) re parcels placed in the Agricultural Reserve Program at 2253 Vaughan Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JASON GENTRY/MARK and NANCY VAUGHAN for Variances to Section 4.4 (d), which requires that lots have direct access to a public street and Section 4.4 (b), which requires that all lots meet the requirements of the City Zoning Ordinance (CZO) re parcels placed in the Agricultural Reserve Program at 2253 Vaughan Road (GPIN2401258438) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. The subject Site shall be subdivided substantially in accordance with the submitted Preliminary Subdivision Plat entitled "Resubdivision of Property of Former Lot "C" (Residual Parcel) "; dated February 4, 2013 and prepared by Patten, Harris, Rust & Associates, PC. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Eighth day of May, Two Thousand Thirteen May 28, 2013 -77 - Item -V-K.1 PLANNING ITEM #62854(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -78 - Item —V -K2 PLANNING ITEM #62855 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of GALLEON INVESTORS IX, LLC for a Variance to Section 4.1(m)(1) and 4.4(b) to resubdivide property at 522 25`x` Street DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GALLEON INVESTORS IX, LLC for a Variance to Section 4.1(m)(1) and 4.4(b) to resubdivide property at 522 25`x` Street (GPIN24179915524) DISTRICT 6 - BEACH The following conditions shall be required: 1. The Site shall be developed substantially in accordance with the submitted Resubdivision Plan entitled "Resubdivision of Lots 18 & 20, Block 125, Map No. 6, Part of Property of Virginia Beach Development Corp," dated December 31, 2012, prepared by WPL. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The Site shall be developed substantially in accordance with the submitted Conceptual Site Plan Exhibit of Proposed Lot 20A, Resubdivision of Lots 18 & 20, Block 125, Map No. 6, Part of Property of Virginia Beach Development Corp," dated February 18, 2013, prepared by WPL. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 3. The applicant must obtain a Variance from the Board of Zoning Appeals to the rear yard setback deficiency on proposed Lot 20-A. 4. The pavement section along this Site's frontage on 24-1/2th Street must be widened to a minimum of eighteen (18) feet. 5. The driveway `runners' shall be constructed of concrete with a brick -red tint. The remainder of the parking pads and driveway apron shall be constructed with a permeable paving system. Both the paving system and the design of the runners shall meet the Standards of the Department of Public Works. 6. A note shall be placed on the final plat approved for recordation stating that Lot 18-A shall be occupied by only one (1) single-family. 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 -Eighth day of May, Two Thousand Thirteen May 28, 2013 -79 - Item —V -K.2 PLANNING ITEM #62855(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. William R. "Bill" DeSteph May 28, 2013 -80 - Item -V-K.3 PLANNING ITEM #62856 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of BISHOP SULLIVAN CATHOLIC HIGH SCHOOL / CATHOLIC DIOCESE OF RICHMOND for a Modification of a Conditional Use Permit for a private high school (approved on April 28, 1992) to ADD to the building and athletic fields at 4552 Princess Anne Road DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BISHOP SULLIVAN CATHOLIC HIGH SCHOOL / CATHOLIC DIOCESE OF RICHMOND for a Modification of a Conditional Use Permit for a private high school (approved on April 28, 1992) to ADD to the building and athletic fields at 4552 Princess Anne Road (GPIN1476537071) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. Except as expressly modified herein, all conditions attached to the Conditional Use Permit granted by the City Council on April 28, 1992, and modified on August 11, 1992, remain in full force and effect. 2. The Site and lighting shall be developed in substantial conformance with the submitted Site Plan entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared by Langley & McDonald, Inc., dated December 19, 2012. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. The proposed additions shall be constructed substantially in accordance with the submitted building elevations entitled `ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH SCHOOL" prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 4. The applicant shall submit a Photometric Plan for an exterior lighting review and approval. 5. The applicant shall submit a Landscape Plan for the new development areas review and approval. 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 -Eight day of May, Two Thousand Thirteen May 28, 2013 -81 - Item -V-K.3 PLANNING ITEM #62856(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -82- Ite,n -V-K4 PLANNING ITEM #62857 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin City Council APPROVED/CONDITIONED, BY CONSENT, Application of SANDRA MANBY WOLFORD for a Conditional Use Permit re a Child Daycare at 528 Gotham Road DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SANDRA MANBY WOLFORD for a Conditional Use Permit re a Child Daycare at 528 Gotham Road (GPIN1487372187) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. The Family (Child) Daycare Home shall be limited to a total of twelve (12) children and the permitted number of children, based on their ages, shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than a relative residing in the home, shall be employed by the Home Day Care. 3. A fence shall be maintained at all times to create an enclosed play area. 4. The applicant shall maintain a Family Day Care Home License with the Commonwealth of Virginia. Failure to maintain a Family Day Care Home License shall result in revocation of this Conditional Use Permit. 5. The applicant shall receive a Certificate of Occupancy from the Building Official for the Home Daycare/residential use. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Eighth day of May, Two Thousand Thirteen May 28, 2013 -83 - Item -V-K.4 PLANNING ITEM #62857(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -84 - Item -V-K.5 PLANNING ITEM #62858 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of DONA L. COX for a Conditional Use Permit re a Child Daycare at 453 Cummings Road DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DONA L. COX for a Conditional Use Permit re a Child Daycare at 453 Cummings Road (GPIN1487266221) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The Family (Child) Daycare Home shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall be employed by the Home Daycare. 4. The applicant shall install a wrought -iron style fence with a maximum height of four (4) feet around the front yard play area. This fence shall be no closer than four (4) feet from the right-of-way as shown on the plan titled "Fencing Plan, " dated 04/29/2013. 5. All barrier requirements of the Virginia Administrative Code, as enforced by the Virginia Department of Social Services pertaining to the in -ground swimming pool, outdoor play area and use of the driveway shall be met. 6. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 7. To ensure driver visibility at the intersection of Cronin Road and Cummings Road, vehicles waiting to drop-off or pick-up children shall not wait on Cronin Road along the curb adjacent to the subject property. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 9. The applicant shall obtain all necessary permits from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for this use. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Eighth day of May, Two Thousand Thirteen May 28, 2013 -85 - Item -V-K.5 PLANNING ITEM #62858(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -86 - Item -V-K.6 PLANNING ITEM #62859 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED/CONDITIONED, BY CONSENT, Application of THEO'S PLAZA for a Conditional Use Permit re vehicle sales, service, and bulk storage at 5045 Virginia Beach Blvd DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of THEO'S PLAZA for a Conditional Use Permit re vehicle sales, service, and bulk storage at 5045 Virginia Beach Blvd (GPIN1467954249) DISTRICT 4 - BAYSIDE The following condition shall be required: 1. Vehicles shall be parked within the designated parking space areas and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on any raised platform. Vehicles shall not be displayed or parked within any landscape area on the Site. Vehicles shall not be displayed with the hood of the vehicle open. 2. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights or banners displayed on the Site or the vehicles. 3. This Conditional Use Permit is granted for a period of five (5) years from the date of City Council approval; however, the Use Permit may be extended on an annual basis if the Zoning Administrator and Director of Planning find that the then -current development trend in the area of the Pembroke Strategic Growth Area (SGA) immediately surrounding the Site is not indicative of imminent redevelopment consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) 4 Implementation Plan. 4. No outdoor speakers or public address system shall be permitted. 5. All automotive repair work shall be conducted within the building. No outside storage of parts, equipment or equipment other than in a designated screened area at the Southeastern portion of the Site. No outside storage of vehicles, wrecked or in a state of obvious disrepair, shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 6. The Site shall be redeveloped and parking areas shall be re -striped in accordance with the submitted "MODIFED CONDITIONAL USE SITE PLAN OF PARCEL 1 FOR THEO KOULOUKIS", dated 9/912, and prepared by John E Sirine and Associates LTD. Modifications to the submitted Plan shall include: a. There shall be no more than ninety-five (95) vehicles for sale on the site and all such vehicles shall be parked in the designated spaces. May 28, 2013 -87- Item -V-K.6 PLANNING ITEM #62859(Continued) b. The first parking space by the Westernmost entrance shall be removed in order to meet the thirty (30) foot throat length required by the City's Public Works Specifications and Standards. c. Since there are three (3) existing entrances fronting the Shopping Center, Traffic Engineering recommends removing the center entrance since it is only about fifty (50) feet from the adjacent entrance. This will eliminate undue conflict points for drivers. d. There shall be no parking and/or display of vehicles for sale on the Western and Northern sides of the one (1) -story block building used for vehicle repair. Said area shall not be marked as parking spaces. 7. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Eighth day of May, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 1 -88- Item -V-K.7 PLANNING ITEM #62860 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of VERDAD REAL ESTATE, INC. /SUSAN CHONG for a Conditional Use Permit for a gas station (fuel sales) with convenience store at 6084 Indian River Road DISTRICT 1 - CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VERDAD REAL ESTATE, INC. /SUSAN CHONG for a Conditional Use Permit for a gas station (fuel sales) with convenience store at 6084 Indian River Road (GPIN1456437406) DISTRICT 1 - CENTERVILLE The following condition shall be required: 1. The Site shall be developed in substantial conformance with the submitted Site Plan titled "CUP SITE PLAN, 7 -Eleven ", dated 1/31/2013, and prepared by HFA Architects, Engineers, Interiors, including the closure of two (2) of the four (4) ingress/egress points as shown on said Plan and the installation of a right turn lane on Providence Road. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The building and canopy shall be constructed in substantial conformance with the elevations depicted on the Plan titled, "REVIEW BOARD EXTERIOR ELEVATIONS, 7 -Eleven, " dated 01/31/13, prepared by HFA Architects, Engineers, Interiors. In addition, the fueling canopy columns shall be wrapped in brick. Said elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. When the Site is developed, the plant material installed shall, at a minimum, be in substantial conformance with the submitted Landscape Plan titled "LANDSCAPE PLAN, 7 -Eleven," dated 1/31/2013, and prepared by HFA Architects, Engineers, Interiors, with the addition of extending the streetscape plantings along Indian River Road and Providence Road where the two (2) of the four (4) ingress/egress points shall be closed. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 4. The dumpster shall be enclosed with a solid brick wall to match the building and any screening shall be installed in accordance with Section 245(e) of the City Zoning Ordinance (CZO). The air and vacuum machine shall be screened with a maintenance free, all-weather fence. 5. Signage for the Site shall be limited to: a. directional signs b. one (1) monument style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and / or canopy signs May 28, 2013 1 -89- Item -V-K.7 PLANNING ITEM #62860(Continued) c. striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be internally or externally illuminated d. 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, canopy, light poles or any other portion of the Site. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights -of -way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final Site Plan. 8. Bicycle racks shall be provided near the entrance of the store and shall be depicted on the final Site Plan. 9. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. 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. 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 -Eighth day of May, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -90 - Item -V-K.8 PLANNING ITEM #62861 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO JUNE 11, 2013, BY CONSENT, Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -91 - ITEM V -L APPOINTMENTS ITEM #62862 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION SOCIAL SERVICES BOARD May 28, 2013 -92 - ITEM V -L APPOINTMENTS ITEM #62863 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: HADSHOD BAROT Two Year Term — 06/01/2013 — 05/31/2015 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 28, 2013 -93 - ITEM V -L APPOINTMENTS ITEM #62864 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DR. JOBYNIA CALDWELL Unexpired term thru 06/30/2013 plus Four year term ending 06/30/2017 TIDEWATER YOUTH SERVICES COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 28, 2013 -94 - Item -V-M ADJOURNMENT ITEM #62865 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:59 P.M. Amanda Finley -Bares Chief Deputy City Clerk th Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia May 28, 2013