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JANUARY 6, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At LargeF , 1 ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne-District 7 U 4 �4\ e Y SHANNON DS KANE Rose Hall District 3 - JOHN D.MOSS At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 r°° ouc upt`°" JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE CITYATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC 06 JANUARY 2015 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER BRIEFING - Conference Room- 4:00 PM A. PENDING PLANNING ITEMS Jack Whitney, Director- Planning Department II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. RECEPTION HONORING NEWLY ELECTED AND RE-ELECTED 5:30 PM MEMBERS OF CITY COUNCIL Room No. 201 VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Stanley Sawyer Pastor All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable Leslie L. Lilley Judge, Virginia Beach Circuit Court M. Benjamin Davenport At Large Barbara M. Henley Princess Anne—District7 Louis R. Jones Bayside—District 4 Shannon DS Kane Rose Hall—District 3 John D. Moss At Large John E. Uhrin Beach—District 6 James L. Wood Lynnhaven—District 5 E. ELECTION OF THE VICE MAYOR F. OATH OF OFFICE—VICE MAYOR Presiding: The Honorable Leslie L. Lilley Judge, Virginia Beach Circuit Court G. MAYOR'S FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL H. VICE MAYOR and CITY COUNCIL COMMENTS I. MAYOR'S MESSAGE J. ELECTRONIC ROLL CALL OF CITY COUNCIL K. CERTIFICATION OF CLOSED SESSION L. MINUTES 1. INFORMAL and FORMAL SESSIONS December 9, 2014 M. FORMAL SESSION AGENDA 1. CONSENT AGENDA N. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 4-1 of the City Code re portable storage containers with Special Event Permits 2. BAYFRONT ADVISORY COMMITTEE a. Ordinance to AMEND Section 2-451 of the City Code ESTABLISHING the Bayfront Advisory Committee as the BAYFRONT ADVISORY COMMISSION b. Resolution to RE-ESTABLISH a Standing Committee, change its name to the BAYFRONT ADVISORY COMMISSION and MODIFY its Charge 3. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2015, in a maximum principal amount of$24,000,000, PROVIDE for the form, details and payment thereof to finance the cost of improvements to the City's Storm Water Utility System and AUTHORIZE the execution and delivery of documents related to such financing 4. Resolution re ESTABLISHMENT of the AMERICAN MEDICAL RESPONSE MID- ATLANTIC, INC., and GRANT an annual EMS Permit for private ambulance services 5. Ordinance to ACCEPT a donation of equipment from the Hampton Roads Planning District Commission (HRPDC) to improve regional communications 6. Ordinance to ESTABLISH "Corporate Landing Roadway Improvements"; ACCEPT $453,000 from the Commonwealth of Virginia Economic Development Access Fund Program and APPROPRIATE with estimated state revenues increased accordingly; ACCEPT $1,172,051 from the Development Authority and APPROPRIATE with estimated local revenues increased accordingly 7. Ordinance to MODIFY the terms of the Town Center Phase V RA Note in the amount of $3,850,000 8. Ordinances to APPROPRIATE: a. $18,932 from the U.S. Department of Housing and Urban Development for the Veterans Affairs Supportive Housing Program b. $1,477,422 of the Tourism Investment Program Special Revenue to the Atlantic Avenue trolley purchase O. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES,LLC/DORIS V.MORGAN and ALFONZO R. MORGAN at 401 Birdneck Circle DISTRICT 6 - BEACH: a. Variance to Section 4.4(b) of the Subdivision Regulations which require subdivided lots meet. the requirements of the City Zoning Ordinance (CZO) b. Change of Zoning from A-12 Apartment to R-7.5 Residential c. Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment RECOMMENDATION APPROVAL 2. SUL TRANQUILITY LAKES, LLC /WILLIAM DONALD MARTIN, SR. re Modification of Conditions to EXPAND the scope of the project at 5827 Burton Station Road DISTRICT 4—BAYSIDE. RECOMMENDATION APPROVAL 3. ENOCH BAPTIST CHURCH/GOOD SAMARITAN EPISCOPAL CHURCH at 848 Baker Road DISTRICT 2—KEMPSVILLE. a. Modification of Conditions to construct a Family Center b. Modification of Conditions of a Conditional Use Permit (approved December 16, 1997 and Modified on August 18, 2001, December 16, 2007 and December 21, 2009) to expand the parking lot at 5641 Herbert Moore Road RECOMMENDATION APPROVAL 4. 4TH GENERATION HOME BUILDERS,LLC/SARAH F. BARKER for a Change of Zoning from R-40 Residential to Conditional PD-H2 Planned Development [A-12 Apartment District] re condominiums at 5001 Shell Road DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 5. AH SANDBRIDGE, LLC re Modification of Proffer No. 3 of a Conditional Change of Zoning (approved June 11, 2013) to delete the child care center and massage parlor from the uses prohibited, thus allowing those uses at 2101 Princess Anne Road DISTRICT 7—PRINCESS ANNE. RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 208 re portable storage containers for Special Events and Section 4-1 re portable storage containers b. Sections 111 and 401 and ADD Section 241 re definition and conditions required for a Recreational Resort Community c. Section 502 re setbacks adjacent to the Atlantic Ocean in the R-5R Zoning District RECOMMENDATION APPROVAL P. APPOINTMENTS COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION PERSONNEL BOARD PLANNING COMMISSION TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE Q. UNFINISHED BUSINESS R. NEW BUSINESS S. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to 5:00 PM /gw 01/06/2015 -1- r`?1? Y"p4' ? ` ?? r??7 a ==r,J ??f Olft kAS\4?? VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 6, 2015 Mayor William D. Sessoms, Jr., called to order City Courtcil's Briefing, in the City Council Conference Room, Tuesday, January 6, 2015, at 4: DO P.M. The Mayor further ADDED a Briefing on the London Bridge Commerce Center. The Mayor Welcomed newly elected Councilman Davenport and congratulated those who were re-elected. Council Members Present.• M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -z- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 4: 00 P.M. Mayor Sessoms welcomed Jack Whitney, Director - Planning Department. Mr. Whitney expressed his appreciation to City Council for their continued support and advised ten (10) items are scheduled to be heard on January 20"': January 6, 2015 -3- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) .... BAYSI RE ???'1'"-i VktC111Cttl CilttJ? tu.V,i,.... t240 RAd R40 R40 R40 i? ?R40, 8g R4Q Raa Rao R4Q R? F., Raa R4fl f4d0 R40 -ro„mg- <ro.?sw..v,.,,,„„a? .. 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F7aodplain Venanco ConJifionai Use PE January 6, 2015 -zo- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) January 6, 2015 -21- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) January 6, 2015 -22- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) RINCE55 ANNE? Domiciion Viiittia Yt)wel' 02" . . ?411 A02;` 82° 1? )_ (1 f173 _fIIY ?,s AGi ? AG1 kG1 -- ,AGi jTA --i.1 - - -.(- s- -io., £UPforPub!icUtikiVFrarrslormerS(aticalLrne ' January 6, 2015 -23- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) January 6, 2015 -24- CITY MA NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) m*wm ?.--?- ? ? F P ?SE6 i0 ( ti4u ?'^ ?_ ? CIN 1{11Y_JIN'? /? , - f O '.? p ?`v t /?.? i?? t G. `•. t ?`It F -`3-1^a.~^?,t? ' . ? ? ? ` . .. } ? ?S !" \ : ? C p. :? ? ? ? ? ? fi! f.t K 6Ct S J.t( RCkt r LA.NQSTQWN r s:i SI,JBSTATION EXPAN310NPLAN January 6, 2015 -25- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) Prtiacess aNwe mennein i.cacu _?.:,... ..?:R5D pi 9 $ 4 ' ?.. G?VIOpO o B2.. Np?R?? m ` i 84, BA a B4 ? 9q p O 84 p 0 B2 AG2 ? f220 ' R94 - R10 i y ,c-mCUPforQpertAir;Aarkef January 6, 2015 -26- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) January 6, 2015 -27- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) ? January 6, 2015 -28- CITY MA NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) January 6, 2015 -29- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) January 6, 2015 -30- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Contiiiued) GITY'C?F VtRGINIABEACH ? ? Ordinance to adapt amendments to Chap#er 4 (Princess Anne & Transitian ` Area) of #he-Policy Dacument of the Comprehensive Plan; and ' ( Ordinance to adopt amendments to Transition Area Design Guidelines and . incorporeby refeirence in#o--_ r;......?..w.."..?:,.., ow.,? January 6, 2015 -31- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #64450 (Continued) Mayor Sessoms expressed his appreciation to Mr. YVhitney and his Team for their continued work January 6, 2015 -32- CITY MANA GER'S BRIEFING LONDONBRIDGE COMMERCE CENTER ITEM #64451 4:20 P.M. Mayor Sessoms welcomed Warren Harris, Director - Economic Development. Mr. Harris expressed his appreciation to City Council for their continued support and advised today's Briefing will provide the current status of London Bridge Commerce CenteY: Below is the General Land Use Map indicating where this property is located: .i?::( w.wr•?we???b.n.. ...??a ? w.u??e? w ? xea cr+at w«w ?m«ewanro Noorl ? ".'4?i/?/??/?i''/??//???r?r - 4APZ-1 I CZ Master Plan - General Land Use Plan Map I?E?E?o ?...- En ? Sub•Area A ?`°?., +. .a . ? ?. ?, a .. w ???? -33- CITY MANA GER'S BRIEFING LONDONBRIDGE COMMERCE CENTER ITEM #64451 (Continued) Landon Commerce Center Mr. Harris advised the negotiations were challenging; however, ended with a positive outcome for the City. The property was purchased for $6-Million and is the first Business Park to be a part of the APZ-1 Acquisition Program: London Bridge Commerce Center The Property • 18.245 acre paroel adjacent to Interstate 264 • Acquired through the APZ-1 Acquisition program to remove 22 non- conforming businesses uses • Approximately 13% reduction in the NCNR inventory • City purchased for $6 million in 2011 (50 % City I 50% State) • Located at end of new London Bridge off-ramp from 1-264 • Zoned B-2 • APZ-1 • Lynnhaven SGA • Navy restrictive easement Current atatus of the proaertv • All existing tenants have relocated • Demolition of existing structures - November/December 2014 • Site has been secured to limitaccess January 6, 2015 -34- CITY MA NA GER'S BRIEFING LONDONBRIDGE COMMERCE CENTER ITEM #64451 (Continued) Below is the conceptual Site Plan with multiple users: London Bridge Commerce Center Conceptual Site Plan : Multlple Users Below is the conceptual Site Plan with a single useY. The property provides flexibility for one single user but offers more benefit to the City for multiple users: London Bridge Commerce Center Conceptual Site Plan: Single User January 6, 2015 -35- CITYMANAGER'S BRIEFING LONDON BRIDGE COMMERCE CENTER ITEM #64451 (Continued) The property is very compatible for commercial development. Below are options the City has for consideration: London Bridge Commerce Center Goal: Preaare the site for develoament • Suitable for compatible commercial development • Property needs to be rezoned to I-1(conditional) Actlons taken • Oceana Land Use Conformity: September 2014 • SPREAD: December 2014 • Planning Commission: Approved rezoning the property to I-1 (conditional) December 2014 OpUons • Transfer to the Virginia Beach Development Authority (VBDA) for development and marketing • City could marlcet and develop it itself • Put property to another municipal use Below is the Staff recommendation: L.ondon Bridge Commerce Center Staff RecommendaUon • City Council: January 25, 2015 1) Approve the rezoning; and 2) transfer of the property to the VBDA • The VBDA is the development arm for the City and has overseen the development of other industrial parks in the City • The VBDA is better equipped to respond quickly to development interest January 6, 2015 -36- CITY MANA GER'S BRIEFING LONDON BRIDGE COMMERCE CENTER ITEM #64451 (Continued) Mayor Sessoms expressed his appreciation to Mr. HarYis and the entire Team for their continued work. January 6, 2015 -37- CITY COUNCIL LIAISON REPORTS ITEM #64452 4:26P.M. Council Lady Ross-Hammond advised she attended the Department of Human Services meeting on January 2"d and is pleased to report the Finance Administration Division has distributed and approved 21, 000 Medicaid Applications and 15, 000 Food Stamp Applications. The Department is reoYganizing the Finance Administration Division to accommodate State requirements to an on-line system. The Department is using data to predict trends in helping manage 75% of the workload and provide good customer service. January 6, 2015 -38- CITY COUNCIL COMMENTS ITEM #64453 4:27P.M. Councilman Moss requested Staff provide this year's Budget execution year savings due to the radical drop in fuel prices. He wants to ensure those savings are accrued for City Council's discretionary use to balance the Budget for next yeaY versus spending it. January 6, 2015 -39- CITY COUNCIL COMMENTS (Continued) ITEM #64454 Council Lady Ross-Hammond advised she and Delegate Ron Villanueva hosted a Holiday event at the Gazebo located at the intersection of Kempsville and Princess Anne Roads. Students from Christian Coastal Academy attended, as well as Seniors from the Kempsville area were part of the sixty-five (65) that attended. Former Councilman Harry Diezel was among the guests. She is looking forward to making this an annual event and expanding the event to a tree lighting and gift distribution. January 6, 2015 -40- CITY COUNCIL COMMENTS (Continued) ITEM #64455 Council Lady Ross-Hammond advised she had a first-hand experience seeing EMS and the Police in action over the Holidays. She had a family member fall and had to call 911. She was so impressed with their care and professionalism that she obtained each of their names. January 6, 2015 -41- CITY COUNCIL COMMENTS (Continued) ITEM #64456 Council Lady Henley advised earlier today Mr. Parke and Melissa Zibutus presented the Neighbors Helping Neighbors Briefing at the Senior Resource Center. She expressed her appreciation to the work the Volunteer Office does on a daily basis, as well as all of the wondeYful Volunteers in the City. January 6, 2015 -42- CITY COUNCIL COMMENTS (Continued) . ITEM #64457 Councilman Dyer advised last Saturday he attended the event to honor and show support of the City's Police Department. The event was well attended and advised Councilman Wood gave a heart felt tYibute to the Police Department. January 6, 2015 -43- AGENDA REVIEW SESSION 4:31 P.M. ITEM #64458 BY CONSENSUS, the following shall compose the CONSENT AGENDA: N. ORDINANCES/RESOL UTIONS 1. Ordinance to AMEND Section 4-1 of the City Code re portable storage containers with Special Event Permits 2. BAYFRONT ADVISORY COMMITTEE a. Ordinance to AMEND Section 2-451 of the City Code ESTABLISHING the Bayftont Advisory Committee as the BAYFRONT ADVISORY COMMISSION b. Resolution to RE-ESTABLISH a Standing Committee, change its name to the BAYFRONT ADVISORY COMMISSION and modify its Charge 3. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2015, in a maximum principal amount of $24, 000, 000, PROVIDE for the form, details and payment thereof to finance the cost of improvements to the City's Storm WateY Utility System and AUTHORIZE the execution and delivery of documents related to such financing 4. Resolution re ESTABLISHMENT of the AMERICAN MEDICAL RESPONSE MID- ATLANTIC, INC., and GRANT an annual EMS Permit for private ambulance services 5. Ordinance to ACCEPT a donation of equipment fYOm the Hampton Roads Planning District Commission (HRPDC) to improve regional communications 6 Ordinance to ESTABLISH "Corporate Landing Roadway Improvements "; ACCEPT $453, 000 from the Commonwealth of Virginia Economic Development Access Fund Program and APPROPRIATE with estimated state revenues increased accordingly; ACCEPT $1,172,051 from the Development Authority and APPROPRIATE with estimated local revenues increased accordingly Ordinance to MODIFY the tef-ms of the Town Center Phase V RA Note in the amount of $3, 850, 000 8. Ordinances to APPROPRIATE: a. $18,932 from the U.S. Department of Housing and Urban Development for the Yeterans Affairs Supportive Housing Program b. $1,477,422 of the Tourism Investment Pf-ogram Special Revenue to the Atlantic Avenue trolley purchase COUNCILMANMOSS WILL VOTE VERBAL NAY ONITEM #7 January 6, 2015 -44- AGENDA REVIEW SESSION ITEM #64458 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: 0. PLANNING 1. Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC/DORIS V MORGAN and ALFONZO R. MORGAN at 401 Birdneck Circle DISTIZICT 6- BEACH.• a. Variance to Section 4.4(b) of the Subdivision Regulations which require subdivided lots meet the requirements of the City Zoning Ordinance (CZO) b. Chanze o Zonin from A-12 Apartment to R-7.5 Residential c. Conditional Chan, eof Zoning from A-12 Apartment to Conditional A-12 Apartment 2. Application of SUL TRANQUILITY LAKES, LLC /WILLIAM DONALD MARTIN, SR. re Modifcation of Conditions to EXPAND the scope of the project at 5827 Burton Station Road DISTRICT 4 - BAYSIDE. 3. Application of ENOCH BAPTIST CHURCH /GOOD SAMARITAN EPISCOPAL CHURCH at 848 Baker Road DISTRICT 2- KEMPSVILLE. a. Modi acation of Conditions to construct a Family Center b. Modification of Conditions of a Conditional Use Permit (approved December 16, 1997 and Modified on August 18, 2001, December 16, 2007 and December 21, 2009) to expand the parking lot at 5641 Herbert Moore Road 4. Application of 4TH GENERATION HOME BUILDERS, LLC/SARAH F. BARKER for a Change of ZoninQ from R-40 Residential to Conditional PD-H2 Planned Development [A- 12 Apartment DistrictJ re condominiums at 5001 Shell Road DISTRICT 4- BAYSIDE 5. Application of AH SANDBRIDGE, LLC re Modi acation o Pro f er No. 3 of a Conditional Change of Zoning (approved June 11, 2013) to delete the child care center and massage parlor from the uses prohibited, thus allowing those uses at 2101 Princess Anne Road DISTRICT 7- PRINCESS ANNE. 6 Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 208 re portable storage containers for Special Events and Section 4-1 re portable storage containers b. Sections 111 and 401 and ADD Section 241 re definition and conditions required for a Recreational Resort Community c. Section 502 re setbacks adjacent to the Atlantic Ocean in the R-SR Zoning District January 6, 2015 -45- AGENDA REVIEW SESSION ITEM #64458 (Continued) MAYOR SESSOMS WILL ABSTAIN ON ITEM #1 ITEM #2 DEFERRED TO FEBR UARY 3RD ITEM #S DEFERRED TO JANUARY 20TH A REVISED VERSION OF ITEM #6b WILL BE CONSIDERED ITEM #6C DEFER.RED TO JANUARY 20Tx January 6, 2015 -46- ITEM#64459 Mayor William D. Sessoms, Jr., entertained a motion to peYmit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff inembers or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Nicole Kosmas v. City of Virginia Beach, et al 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 January 6, 2015 -47- ITEM#64459 (Contiizued) Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to proceed into CLOSED SESSIONat 4:37P.M. Voting: 11-0 Council Members Yoting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Closed Session (Reception 4:37P.M. - S:IOP.M.) S:ISP.M. - S:SSP.M.) January 6, 2015 -48- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 6, 2015 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ciry Council Chamber, City Hall, on Tuesday, January 6,2015, at 6: 00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Dr. Stanley Sawyer, Pastor All Saints Episcopal 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 ViNginia 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, oY file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sesson2s' letter of March 24, 2009, is hereby made a part of the record. January 6, 2015 -49- 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 Pinancial 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 she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential "). 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 pzcrpose 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 August 13, 2013, is hereby made a part of the record. January 6, 2015 -50- Item -VII-D CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL ITEM #64460 The Honorable Leslie L. Lilley, Judge, Virginia Beach CiYCUit Court, PRESIDED and delivered the Ceremonial Oath of Office to the newly elected and re-elected Members of City Council: M. Benjamin Davenport At Large Barbara M. Henley PYincess Anne - District7 Louis R. Jones Bayside- District 4 Shannon DSKane** Rose Hall - District 3 John D. Moss At Large John E. Uhrin Beach - DistYict 6 James L. Wood Lynnhaven - District S 4-Year TeYm January 1, 2015 -December 31, 2018 **2-Year Term foY Council Lady Kane January 1, 2015 - December 31, 2016 .Ianuary 6, 2015 * ? . qy + ep ? pF OUR NAT OA TH I, M. BENJAMINDAVENPORT, a member of the VIRGINIA BEACH CI7'Y COUNCIL - AT LARGE ; do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as a Member of the Virginia Beach City Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty-First day of December, Two Thousand Eighteen, so help me God. . jamin venport OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. ? The norable Leslie L. Lil?-rsJudge, Virginia Beach Circfuit Court . 2 t?t 0 0 ?`_`? N"' ? F OUR NptX?,c? OA TH I, BARBARA M. HENLEY, a m e m b e r of the VIRGINIA BEACH CI7'Y COUNCIL - PRINCESS ANNE DISTRICT NO. 7, do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as a Member of the Virginia Beach Ciry Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty-First day of December, Two Thousand Eighteen, so help me God. Barbara M. Henley OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. The onorable Les ie L. Lall Judge, Virginia Beach Ci cuit Court } v " +t , t 74 ?F OUR NA'00N OA TH I, LOUIS R. JONES, a member of the VIRGINIA BEACH CITY COUNCIL - BAYSIDE DISTRICT NO. 4, do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as a Member of the Virginia Beach City Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty-First day of December, Two Thousand Eighteen, so help me God. t Louis R. Jones OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. .S?K The on rable Leslie L. Lilley Judge, Virginia Beach Circ ' Court ,.. ? ca •? ??'. ? ??. 9??5 c? 5 0 pF ouR Np.0pN OA TH I, SHANNONDS gANE, a m e m b e r of the VIRGINIA BEACH CITY COUNCIL - ROSE HALL DISTRICT NO. 3, do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as a Member of the Virginia Beach City Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty-First day of December, Two Thousand Sixteen, so help me God. Shannon DS Kane OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. The o orable Leslie L. LlllfU, Judge, Virginia Beach Cir it Court ,1;7 • v ?S OF OUR, NNONS OA TH I, JOHND. MOSS, a member of the VIRGINIA BEACH CITY COUNCIL - AT LARGE , do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as a Member of the Virginia Beach City Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty-First day of December, Two Thousand Eighteen, so help me God. OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. The Ho orable Leslie . Lilley Judge, Virginia Beach Cir, it Court .? • ? o ? OF OUR NAZ%0 OA TH I, JOHN E. UHRIN, a m e m b e r of the VIRGINIA BEACH CITY COUNCIL - BEACH DISTRICT NO. 6, do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as a Member of the Virginia Beach City Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty-First day of December, Two Thousand Eighteen, so help me God. OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. The o rable Leslie L. Lilley = Judge, Virginia Beach C*r?"uat Court t ? ' ? ? ? 9??s OF OUR Np1ti??5 OA TH I, JAMES L. WOOD, a member of the VIRGINIA BEACH CITY COUNCIL - LYNNHAVENDISTRICT NO. S, do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as a Member of the Virginia Beach City Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty-First day of December, Two Thousand Eighteen, so help me God. ? James . Wood OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. ? The orable Leslie L. Lilley Judge, Virginia Beach Circ ourt -51- Item VII-E ELECTION OF VICE MAYOR ITEM # 64461 Upon NOMINATION by Council Lady Wilson, City Council ELECTED: Louis R. Jones Bayside - District 4 Vice Mayor 2 year term January 1, 201S- December 31, 2016 Cozcncil Lady Wilson advised Vice Mayor Jones has demonstrated great leadership on City Council for twenty-eight (28) years. He has a B.S. in Business Administration from Old Dominion Universiry, as well as he has owned and operated a successful business in the City for fifry-two (52) years. He spearheaded our fight foY water with the Lake Gaston project, as well as negotiated Town Center and other projects including the new Arena. Vice Mayor Jones has served as Mayor in 1982-84 and successfully presided over many City Council meetings. He acts on behalf of Mayor Sessoms on the Hampton Roads Regional Organizations and has served as Chair of the Hampton Roads Planning District Commission as well as the Metropolitan Planning Organization. Currently, he is the City's Executive Committee Member on the Regional Planning District Comnzission and the Planning District's Personnel and Budget Committee. He has been the Vice Mayor for the past twelve (12) years. City Council feels very fortunate to have a man of his experience and capabilities serve as Vice Mayor. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -52- Item VII-F OATH OF OFFICE - VICE MAYOR ITEM # 64462 The Honorable Leslie L. Lilley, Judge, Virginia Beach Circuit Court, PRESIDED and delivered the Oath of Office to the newly elected Vice Mayor: Louis R. Jones Bayside - District 4 Vice Mayor 2 year term January I, 2015 - December 31, 2016 January 6, 2015 ? c?+qo-.?""°`", ? 2 OF DUR NPA'0? OA TH I, LOUIS R. JONES, a member of the VIRGINIA BEACH CITY COUNCIL, do solemnly affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia; and, that I will, to the best of my ability, faithfully and impartially discharge all the duties incumbent upon me as Vice Mayor of the Virginia Beach City Council during my term beginning the First day of January Two Thousand Fifteen and ending the Thirty- First day of December, Two Thousand Sixteen, so help me God. .? Louis P. Jones OATH taken and subscribed before me this Sixth day of January, Two Thousand Fifteen. The Honorable Leslie L. Lille Judge, Virginia Beach C' uit Court -53- Iteni VII-G MAYOR'S FORMAL SEATING OF VIRGWIA BEACH CITY COUNCIL ITEM # 64463 Mayor William D. Sessoms, Jr., presented the FORMAL SEATING OF CITY COUNCIL: Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Barbara M. Henley Rosemary Wilson Robert M. Dyer James L. Wood John E. Uhrin Shannorc DS Kane John D. Moss Amelia N. Ross-Hammond M. Benja`nin Davenport The Mayor explained the seating is based primarily upon seniority. January 6, 2015 -54- Item VII-H VICE MAYOR and CITY COUNCIL COMMENTS ITEM # 64464 Vice Mayor Jones expressed his sincere appreciation for the confidence placed in him and the privilege of serving as Vice Mayor, as well to Council Lady Wilson for the kind remarks and to City Council for their confidence and support. Vice Mayor Jones advised he enjoys the job and hopes to continue to do same. Lastly, he thanked his fanaily for attending tonight's meeting and Judge Lilley for adnainistering the Oath of Office. Councilman Ben Davenport expressed his appreciation to the Citizens of Virginia Beach for the opportunity. He is looking for-waYd to getting started and woYking with each Member of City Council. Councilman John Moss expressed his appreciation to his family for attending tonight and the opportunity the Yoters have bestowed upon him their trust to serve them. He is looking fonvard to serving the Citizens of Virginia Beach. Council Lady Henley expressed her appreciation to her family for attending tonight and being willing to put up with her again after so many years serving on City Council. She also thanked the Voters that sent her back for another term and promises to do her best. Council Lady Kane expressed her appreciation to her family for attending tonight. She advised she felt really good last year when she was appointed but feels better knowing the Citizens of Virginia Beach elected her to serve the City. Councilman Uhrin also expressed his appreciation to his family for all the sacrifices they make that allow him to serve the City, especially his wife and children that do not always have him home every night when he should be there. He also thanked the Citizens and stated it has been a great eight (8) years with a lot of wonderful accomplishments; however, he is looking forward to the next four (4). Councilman Wood also thanked his family for attending tonight and for theiY support. He is honored to serve and represent the Citizens of Virginia Beach. January 6, 2015 -55- Item VII-I MAYOR'S MESSAGE ITEM # 64465 Mayor Sessoms advised it is an absolute honor to be Mayor and work with, what he considers, the strongest Vice Mayor and City Council in Hampton Roads. Mayor Sessoms is confident they will continue working to make sure the City is the Greatest City in the World by working together and moving the City forward. JanuaYy 6, 2015 -56- Item -VII-K CERTIFICATION ITEM #64466 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this ceYtification 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: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 R E S 0 L U T 10 N 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 #64459 Page 47, 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. '?R h ?Hodges ?Fra'ser, MMC City Clerk January 6, 2015 -57- Itena -VII-L.1 MINUTES ITEM #64467 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 9, 2014. Voting.• 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: M. Benjamin Davenport Council Members Absent: None January 6, 2015 -58- ADOPTAGENDA FOR FORMAL SESSION ITEM #64468 BY CONSENSiIS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 6, 2015 -59- Item -VII-N ORDINANCES/RESOL UTIONS ITEM #64469 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items 1, 2a/b, 3, 4, S, 6, 7(MOSS VERBAL NAY)AND 8a/b, of the CONSENT AGENDA. Voting: 11-0 Council Members Yoting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -60- Item -VII-N.l ORDINANCES/RESOL UTIONS ITEM #64470 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 4-1 of the City Code re portable storage containers with Special Event Permits Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Afnelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None January 6, 2015 1 REQUESTED BY COUNCILMAN JOHN UHRIN 2 3 AN ORDINANCE TO AMEND SECTION 4- 4 1 OF THE CITY CODE PERTAINING TO 5 PORTABLE STORAGE CONTAINERS 6 WITH SPECIAL EVENT PERMITS 7 8 SECTION AMENDED: City Code § 4-1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and ordained to read as follows: 15 16 Sec. 4-1. Permit for special events. 17 18 .... 19 20 (b) Application: Contents and Fee. An application for any permit required by this section 21 shall be made to the city manager or his designee, accompanied by a nonrefundable 22 processing fee as provided in section 4-1.1. The application shall be submitted not less 23 than thirty (30) days nor more than six (6) months prior to the date of the proposed 24 activity. An application for a major event held for two (2) or more consecutive days shall 25 be filed not less than sixty (60) days nor more than six (6) months before the first date of 26 the proposed activity. The application shall contain the following information, utilizing a 27 form provided by the city manager: 28 29 .... 30 31 (9) If portable storaqe containers are requested, the duration of the 32 containers at the site, the number of containers and the location of 33 the containers. 34 35 .... 36 37 (e) Permit Requirements. The city manager or his designee may impose, as conditions 38 to granting a permit, such further requirements and restrictions as will reasonably 39 protect the public health, safety, welfare, peace and order. Such conditions may include, 40 but are not limited to: 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 (1) The payment of a reasonable fee for the use or allocation of city property, equipment and personnel not exceeding the actual costs incurred by the city in connection with the proposed activity; and the posting of a performance bond or other surety securing payment of such fee. (2) The provision of adequate crowd and traffic control, security, fire protection, food handling, waste and refuse disposal, and noise restrictions. (3) The duration, location and number of anv portable storaqe containers. COMMENT 'Fhese amendments would in conjunction with the amendment to City Zoning Ordinance Section 208 allow portable storage containers to be used by events with special event permits. The special event permit would need to include time limits, location and numbers for review by staff. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of January , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 CA13072 R-3 December 23, 2014 -61- Item -11II-N.2a ORDINANCES/RESOL UTIONS ITEM #64471 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, BAYFRONT ADVISORY COMMITTEE a. Ordinance to AMEND Section 2-451 of the City Code ESTABLISHING the Bayfront Advisory Committee as the BAYFRONT ADVISORY COMMISSION Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 REQUESTED BY VICE MAYOR JONES COUNCILMEMBER WOOD 2 3 AN ORDINANCE TO AMEND SECTION 2-451 4 OF THE CITY CODE ESTABLISHING THE 5 BAYFRONT ADVISORY COMMITTEE AS 6 THE BAYFRONT ADVISORY COMMISSION 7 8 Section Amended: City Code § 2-451 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 2-451 of the City Code is hereby amended and reordained to read 14 as follows: 15 16 Sec. 2-451. Definition of boards, commissions and committees. 17 18 Boards shall be defined as those advisory council-appointive agencies which are 19 prescribed by the Virginia State Code as "boards," as well as locally established bodies, 20 the duty of which pertains to or is governed by federal and state codes or local 21 ordinances. Terms shall be specified and limited in accordance with the applicable 22 federal or state codes or local ordinances or resolutions. Those currently established 23 are as follows: 24 25 .... 26 27 Commissions shall be defined as those advisory council-appointive agencies 28 which are prescribed by the Virginia State Code as "commissions," plus those locally 29 established for a specific purpose with budgetary responsibility and a structured 30 organization with an annual report to city council. Terms shall be specified and limited in 31 accordance with applicable state statutes or city ordinances or resolutions. Those 32 currently established are as follows: 33 34 Agricultural advisory commission 35 Arts and humanities commission 36 Bayfront Advisorv Commission 37 38 .... 39 40 Committees shall be defined as those short-term advisory agencies appointed by 41 city council for specific studies with regular reporting periods to the governing body and 42 which shall be automatically abolished when their mission is accomplished and the final 43 report filed with the city clerk for distribution to city council. Those currently established 44 are as follows: 45 46 Advertising advisory selection committee 47 48 49 50 51 52 53 54 55 56 57 Audit committee COMMENT This amendment will reestablish the Bayfront Advisory Committee as the Bayfront Advisory Commission in conjuncHon with a Resolution changing its name and modifying its charge. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of January , 2015. APPROVED AS TO LEGAL SUFFICIENCY: btwxx- ---? City Attorney's Office CA13247 R-2 December 29, 2014 -62- Item -11II-N.2b ORDINANCES/RESOL UTIONS ITEM #64472 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, BAYFRONT ADVISORY COMMITTEE b. Resolution to RE-ESTABLISH a Standing Committee, change its name to the BAYFRONT ADVISORY COMMISSION and modify its Charge Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBER WOOD 2 3 A RESOLUTION TO REESTABLISH THE 4 BAYFRONT ADVISORY COMMITTEE AS A 5 STANDING COMMITTEE, CHANGE ITS NAME 6 TO THE BAYFRONT ADVISORY COMMISSION 7 AND MODIFY ITS CHARGE 8 9 WHEREAS, in February 1998, the City Council established the Shore Drive 10 Advisory Committee; and 11 12 WHEREAS, pursuant to Resolution No. 3218, adopted on November 28, 2006, 13 the Shore Drive Advisory Committee was renamed the Bayfront Advisory Committee 14 ("BAC"); and 15 16 WHEREAS, BAC continues to serve the Bayfront area as a liaison between the 17 citizens of the Bayfront and the City of Virginia Beach; and 18 19 WHEREAS, BAC has determined after much discussion that since BAC has 20 been in existence for over sixteen (16) years and as such, it should be reestablished as 21 a standing Committee, and its name changed to the Bayfront Advisory Commission; 22 and 23 24 WHEREAS, the current mission of the BAC is "To serve as a liaison between the 25 Shore Drive Community and the City Council with respect to development and 26 improvement to the Shore Drive Corridor. Specifically, the BAC shall be charged with 27 the following duties and responsibilities: 28 29 1. To familiarize itself with the Urban Land Institute's (ULI) Bayfront Study 30 and the various issues associated with development of the Corridor; 31 2. To develop an aesthetics and urban design plan for the Corridor using the 32 Bayfront Study as a foundation for such plan; 33 3. To identify, refine and reprioritize a series of recommended public projects 34 and actions to the City Council for implementing the ULI Bayfront Study 35 recommendations, the adopted Shore Drive Corridor Plan, Shore Drive 36 Transportation Plan, Design Guidelines and Landscaping Guidelines and 37 addressing issues associated with development of the Corridor; 38 4. To aggressively pursue and facilitate the establishment of public-private 39 partnerships to achieve the goals and recommendations of ULI's Study and 40 adopted plans and guidelines; 41 5. To investigate alternative funding sources for projects within the Corridor; 42 6. To engage in public information efforts to improve communication 43 between the Shore Drive Community, the development community and the City 44 government; and, to serve as a forum for discussion of information brought forth 45 by both the public and private sectors on matters related to the Shore Drive 46 community; and 47 7. To monitor and report to the City Council the progress of implemented 48 public projects and plans within the Shore Drive Corridor and provide 49 recommendations for remedial actions as deemed necessary"; and 50 51 WHEREAS, BAC believes that it can be most effective if its charge is modified as 52 follows: "The mission of the BAC is to review and make recommendations to the City 53 Council regarding public and private projects and issues associated with the Bayfront 54 area, or projects or issues associated with the Bayfront area that the City Council may 55 refer to the Commission"; and 56 57 WHEREAS, the membership of the Bayfront Advisory Commission shall continue 58 as established by the Bayfront Advisory Committee and shall include ten (10) citizens of 59 the Bayfront area and six (6) ex-officio members who are the Planning Commission and 60 City Council members from the Bayside and Lynnhaven Districts, the Commander, Joint 61 Expeditionary Base Little Creek-Fort Story, and the Park manager, First Landing State 62 Park; 63 64 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 65 VIRGINIA BEACH, VIRGINIA: 66 67 That City Council hereby reestablishes the Bayfront Advisory Committee as the 68 Bayfront Advisory Commission, makes it a standing committee of City Council, modifies 69 its charge to be to review and make recommendations to the City Council regarding 70 public and private projects and issues associated with the Bayfront area, or projects or 71 issues associated with the Bayfront area that the City Council may refer to the 72 Commission, and continues its membership and their terms as previously established. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of 75 .7anuary , 2015. APPROVED AS TO LEGAL SUFFICIENCY: Ci y orney's Office CA13245 R-2 December 22, 2014 2 -63- Itenz -VII-N.3 ORDINANCES/RESOL UTIONS ITEM #64473 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2015, in a maximum principal amount of $24, 000, 000, PROVIDE for the form, details and payment thereof to finance the cost of improvements to the City's Storm Water Utility System and AUTHORIZE the execution and delivery of documents related to such financing Voting: 11-0 Council Members Yoting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None January 6, 2015 RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TO PROVIDE FOR THE ISSUANCE AND SALE OF STORM WATER UTILITY REVENUE BONDS, SERIES 2015, 1N A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $24,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF TO FINANCE THE COST OF IMPROVEMENTS TO THE CITY'S STORM WATER UTILITY SYSTEM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS RELATED TO SUCH FINANCING WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), desires to issue its storm water utility revenue bonds to finance the costs of improvements and extensions to its storm water utility system (the "System"); WHEREAS, the Council has previously adopted ordinances (the "Ordinances") collectively evidencing the City's intent to issue storm water utility revenue bonds to reimburse capital expenditures on the System in the aggregate maximum principal amount of $24,000,000; WHEREAS, the Council has determined that it is in the best interests of the City to undertake the issuance of $24,000,000 in maximum aggregate principal amount of its storm water utility revenue bonds, pursuant to the Ordinances, this Resolution and applicable law; and WHEREAS, there have been presented to this meeting or otherwise made available the following documents and draft documents in connection with the undertaking of the above- described financing and the issuance and sale of such bonds: (a) Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank National Association (as successor to First Union National Bank), as trustee (the "Trustee"), as previously supplemented (the "Master Agreement of Trust"); (b) Draft of Third Supplemental Agreement of Trust dated as of January 1, 2015, between the City and the Trustee (the "Third Supplemental Agreement" and, together with the Master Agreement of Trust, the "Agreement of Trust"), pursuant to which such bonds will be issued, and including the forms of such bonds as an exhibit thereto; (c) Draft of Notice of Sale to be dated on or about January 7, 2015, to advertise such storm water utility revenue bonds for sale (the "Notice of Sale"); (d) Draft of Preliminary Official Statement to be dated on ar about January 7, 2015 (the "Preliminary Official Statement"), relating to the public offering of such bonds; and 1 (e) Draft of Continuing Disclosure Agreement dated as of January 28, 2015 (the "Continuing Disclosure Agreement"), pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Rule 15c2-12 promulgated by the Securities and Exchange Commission, as amended (the "Rule"), for the benefit of the holders of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The City hereby authorizes the issuance and sale of its storm water utility revenue bonds in an aggregate principal amount not to exceed $24,000,000 (the `Bonds"), in one or more series, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to finance the costs of improvements and extensions to the System. 2. Third Supplemental Agreement. The City Manager is hereby authorized and directed to execute and deliver the Third Supplemental Agreement, which shall be in substantially the form presented to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The amendments to the Agreement of Trust set forth in Section 3.103 of the Third Supplemental Agreement, to combine the debt service reserve accounts for all the Storm Water Utility Revenue Bonds of the City, are hereby approved. The execution of the Third Supplemental Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 3. Bond Details. The Bonds shall be designated "Storm Water Utility Revenue Bonds, Series 2015," or such other designation as may be approved by the City Manager, shall be dated the date determined by the City Manager, shall be in registered form, in denominations of $5,000 and multiples thereof, and shall be numbered R(2015)-1 upward. Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on dates determined by the City Manager, calculated on the basis of a 360-day year of twelve 30-day months. The Council authorizes the issuance and sale of the Bonds in such principal amounts and upon such terms as shall be determined by the City Manager provided that the Bonds shall (a) have a true interest cost not exceeding 4.75% per year (taking into account any original issue discount or premium), (b) have a final maturity no later than the year 2040, (c) be sold at a price not less than 100% of the aggregate principal amount thereof, and (d) be in an aggregate principal amount not exceeding $24,000,000. 4. Preparation and Deliverv of the Bonds. The Mayor is hereby authorized and directed to execute the Bonds by manual or facsimile signature, the City Clerk is hereby authorized and directed to countersign the Bonds and affix the seal of the City thereto or cause a facsimile thereof to be printed thereon, and the officers of the City are hereby authorized and directed to deliver the Bonds to the Registrar (as defined in the Agreement of Trust) for authentication and delivery to the purchaser. 2 5. Pledge of Securitv. The Bonds shall be limited obligations of the City, payable solely from Pledged Revenues (as defined in the Agreement of Trust) and the funds created by the Agreement of Trust and pledged to the payment of the Bonds, and nothing in the Bonds or the Agreement of Trust shall be deemed to create or constitute an indebtedness or pledge of the full faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. 6. Sale of Bonds. The Bonds shall be sold through a competitive sale. The City Manager is authorized and directed to take all proper steps to finalize and distribute, in accordance with standard practices of municipal securities, the Notice of Sale, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as the City Manager may approve to the reflect the terms of the Bonds determined in accordance with this Resolution. The City Manager is authorized to receive bids for the Bonds and to award the Bonds to the bidder providing the lowest true interest cost, subject to the limitations set forth in Section 3 of this Resolution. The actions of the City Manager in selling the Bonds by competitive sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Council. 7. Official Statement. The City Manager is hereby authorized and directed to approve the distribution of the Preliminary Official Statement to potential purchasers of the Bonds with such completions, omissions, insertions and other changes not inconsistent with this Resolution as the City Manager, in collaboration with Kaufinan & Canoles, a Professional Corporation, as bond counsel for the Bonds ("Bond Counsel"), may consider appropriate to complete it as an official statement in final form. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the final Official Statement to be "final" as of their dates within the meaning of the Rule, except for the omission from the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to the Rule. The City Manager is further authorized, on behalf of the City, to execute the final Official Statement. The distribution of the Preliminary Official Statement and the execution of the final Official Statement by the City Manager shall be conclusive evidence that each has been approved and deemed final. 8. Continuing Disclosure. The City Manager is hereby authorized and directed to execute and deliver the Continuing Disclosure Agreement, which shall be in substantially the form presented to the City Council prior to this meeting, which is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager may approve. The execution of the Continuing Disclosure Agreement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 9. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested by Bond Counsel are authorized and directed to (a) execute appropriate certificates setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and the regulations thereunder, applicable to "arbitrage bonds," (b) make any elections that such officers 3 deem desirable, in consultation with Bond Counsel, regarding any provision requiring rebate to the United States of "arbitrage profits" earned on investment of proceeds of the Bonds, and (c) file Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of Bond Counsel. 10. Further Actions. All other actions of 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 Bonds, and the plan of financing related thereto, are hereby approved and ratified. The officers of the City are authorized and directed to execute and deliver such further certificates and instruments and to take all such further actions as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 11. Effective Date. This Resolution shall take effect immediately. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Finance Deparhnent APPROVED AS TO LEGAL SUFFICIENCY: J Cit y s Office CA13175 R-1 December 17, 2014 4 CERTIFICATE The undersigned Clerk of the City Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), hereby certifies that: l. A meeting of the Council was duly called and held on January 6, 2015 (the "Meeting"). 2 Attached hereto is a true, correct and complete copy of a resolution (the "Resolution") of the Council entitled "Resolution of the Council of the City of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2015, in a Maximum Aggregate Principal Amount of $24,000,000, Providing for the Form, Details and Payment Thereof, to Finance the Cost of Improvements to the City's Storm Water Utility System and Authorizing the Execution and Delivery of Certain Documents Related Thereto," as recorded in full in the minutes of the Meeting and duly adopted by a majority of all members of the Council. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Robert M. Dyer Shannon DS Kane James L. Wood John E. Uhrin Barbara M. Henley M. Ben Davenport John D. Moss Rosemary Wilson Amelia Ross-Hammond Present Absent Yes No Abstaining 4. The Resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS MY HAND and the seal of the City of Virginia Beach, Virginia, this day of January, 2015. Clerk, Council of the City of Virginia Beach, Virginia (SEAL) 11900968v4 5 THIRD SUPPLEMENTAL AGREEMENT OF TRUST between CITY OF VIRGINIA BEACH, VIRGINIA and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of January 1, 2015 TABLE OF CONTENTS ARTICLE I ..................................................................................................................................... 2 THIRD SUPPLEMENTAL AGREEMENT .................................................................................. 2 Section 3.101. Authorization of Third Supplemental Agreement ..................................................2 Section 3.102. Definitions ...............................................................................................................2 Section 3.103. Amendments to Agreement of Trust .......................................................................3 Section 3.104. Reference to Articles and Sections .........................................................................4 ARTICLE II .................................................................................................................................... 5 AUTHORIZATION, DETAILS AND FORM OF SERIES 2015 BONDS ................................... 5 Section 3.201. Authorization of Series 2015 Bonds ....................................................................... 5 Section 3.202. Details of Series 2015 Bonds .................................................................................. 5 Section 3.203. Form of Series 2015 Bonds ..................................................................................... 6 Section 3.204. Securities Depository Provisions ............................................................................ 6 Section 3.205. Registrar .................................................................................................................. 7 Section 3.206. Delivery of Series 2015 Bonds ............................................................................... 7 ARTICLE III .. ................................................................................................................................. 7 REDEMPTION OF SERIES 2015 BONDS ................................................................................... 7 Section 3.301. Redemption Dates and Prices .................................................................................7 Section 3.302. Selection of Series 2015 Bonds for Redemption ....................................................8 Section 3.303. Notice of Redemption .............................................................................................8 ARTICLE IV .................................................................................................................................. 8 APPLICATION OF PROCEEDS OF SERIES 2015 BONDS ....................................................... 8 Section 3.401. Application of Proceeds of Series 2015 Bonds and Related Amounts ...................8 ARTICLE V .................................................................................................................................... 9 PROJECT ACCOUNT ................................................................................................................... 9 Section 3.501. 2015 Project Account ..............................................................................................9 ARTICLE VI .................................................................................................................................. 9 SECURITY FOR SERIES 2015 BONDS ...................................................................................... 9 Section 3.601. Security for Series 2015 Bonds ...............................................................................9 ARTICLE VII ................................................................................................................................. 9 ARBITRAGE REBATE FUND ..................................................................................................... 9 Section 3.701. Rebate Requirement ................................................................................................9 Section 3.702. Calculation and Payment of Series 2015 Rebate Obligation ..................................9 1 Section 3.703. Reports by Trustee ................................................................................................10 ARTICLE VIII .............................................................................................................................. 10 MISCELLANEOUS ..................................................................................................................... 10 Section 3.801. Limitations on Use of Proceeds ............................................................................ 10 Section 3.802. Limitation of Rights .............................................................................................. 11 Section 3.803. Severability ........................................................................................................... 12 Section 3.804. Successors and Assigns ......................................................................................... 12 Section 3.805. Applicable Law ..................................................................................................... 12 Section 3.806. Counterparts .......................................................................................................... 12 Section 3.807. Patriot Act Disclosure ........................................................................................... 12 Exhibit A-1 Form of Series 2015 Bond ii THIS THIRD SUPPLEMENTAL AGREEMENT OF TRUST dated as of the lst day of January, 2015 (the "Third Supplemental Agreement"), by and between the City of Virginia Beach, Virginia, a political subdivision of the Commonwealth of Virginia (the "City"), and U.S. Bank National Association, Richmond, Virginia, a national banking association organized under the laws of the United States of America, with a corporate trust office in Richmond, Virginia, as successor trustee to First Union National Bank (in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the City and First Union National Bank entered into an Agreement of Trust dated as of January 1, 2000 (the "Agreement of Trust"), to provide for financing improvements and extensions to the System (as defined in the Agreement of Trust) by the issuance of bonds payable solely from Pledged Revenues (as defined in the Agreement of Trust); WHEREAS, within the limitations of and in compliance with the Agreement of Trust, the City issued an initial series of Bonds under the Agreement of Trust in the original aggregate principal amount of $10,000,000 (the "Series 2000 Bonds"), to finance the costs of expansion and improvements to the System; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, the City issued additional Bonds under the Agreement of Trust in the original aggregate principal amount of $27,380,000, including the City's $2,705,000 Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt) (the "Series 2010A-1 Bonds"), its $17,295,000 Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds) (the "Series 2010A-2 Bonds" and, together with the Series 2010A-1 Bonds, the "Series 2010A Bonds"), and its $7,380,000 Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt) (the "Series 2010B Bonds") (collectively, the "Series 2010 Bonds"), to finance and refinance the costs of improvements and expansions to the System, including the redemption of the City's outstanding Series 2000 Bonds, and to pay costs associated with issuing the Series 2010 Bonds; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, the City has determined to issue additional Bonds under the Agreement of Trust in the aggregate principal amount of $ , namely the City's $ Storm Water Utility Revenue Bonds, Series 2015 (the "Series 2015 Bonds"), to finance costs of improvements and expansions to the System; WHEREAS, as evidenced by that certain Official Statement of the City dated January [14], 2015, the purchasers of the Series 2015 Bonds, being upon the authentication thereof the holders of not less than a majority in aggregate principal amount of Outstanding Bonds under the Agreement of Trust, are deemed to have consented to the amendments to the Agreement of Trust made by Section 3.103 of this Third Supplemental Agreement; and WHEREAS, the City has taken all necessary action to make the Series 2015 Bonds, when authenticated by the Trustee and issued by the City, valid and binding limited obligations of the City and to constitute this Third Supplemental Agreement a valid and binding agreement authorizing and providing for the details of the Series 2015 Bonds; 1 NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree, as follows: ARTICLE I THIRD SUPPLEMENTAL AGREEMENT Section 3.101. Authorization of Third Supplemental AQreement. This Third Supplemental Agreement is authorized and executed by the City and delivered to the Trustee pursuant to and in accordance with Articles III and XII of the Agreement of Trust. All terms, covenants, conditions and agreements of the Agreement of Trust shall apply with full force and effect to the Series 2015 Bonds and to the holders thereof, except as otherwise provided in this Third Supplemental Agreement. Section 3.102. Definitions. Except as otherwise amended or defined in this Third Supplemental Agreement, terms defined in the Agreement of Trust are used in this Third Supplemental Agreement with the meanings assigned to them in the Agreement of Trust. In addition, the following words as used in this Third Supplemental Agreement shall have the following meanings unless a different meaning clearly appears from the context: "2015 Project" shall mean improvements to and expansions of the System financed with the proceeds of the Series 2015 Bonds. "Letter of Representations" shall mean the Blanket Letter of Representations dated June 17, 1996, from the City to the Securities Depository and any amendments thereto or successor agreements between the City and any successor Securities Depository, relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2015 Bonds. Notwithstanding any provision of the Agreement of Trust, including Article XII regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Rebate Amount Certificate" shall have the meaning set forth in Section 3.702. "Registrar" shall mean U.S. Bank National Association, or any successors serving as such hereunder. "Third Supplemental Agreement" shall mean this Third Supplemental Agreement of Trust between the City and the Trustee, which further supplements and amends the Agreement of Trust, as amended. "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 2015 Bonds appointed pursuant to Section 3.204, and their successors. 2 "Series 2010 Bonds" shall mean, collectively, the City's currently outstanding (i) Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt), (ii) Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds), and (iii) $7,380,000 Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt). "Series 2015 Bonds" shall mean the City's $ Storm Water Utility Revenue Bonds, Series 2015 authorized to be issued pursuant to this Third Supplemental Agreement. Section 3.103. Amendments to Agreement of Trust. (a) Amended Terms. The following defined terms in the Agreement of Trust shall be amended and replaced as follows: (i) All references to "Series Debt Service Reserve Account(s)" or "Debt Service Reserve Account(s)" shall be replaced with "Debt Service Reserve Fund" and shall have the meaning and context of such term provided in Section 101 of the Agreement of Trust. (ii) All references to "Series Debt Service Reserve Requirement" shall be replaced with "Debt Service Reserve Requirement" and shall mean an amount, required to maintained in the Debt Service Reserve Fund, which shall be no greater than the least of (a) the maximum principal and interest due on the Bonds in the current or any future Fiscal Year, (b) 10% of the original stated principal amount of the Bonds (or 10% of the issue price of the Bonds if required by the Code) or (c) 125% of the average annual principal and interest due on the Bonds in the current and each future Fiscal Year; provided, however, if a lower aggregate amount would be required by the Code if (a), (b) and (c) were measured separately for each Outstanding Series of Bonds, such lower aggregate amount shall be the Debt Service Reserve Requirement. (b) Amendments to Article III. (i) Section 302 of the Agreement of Trust is hereby amended to delete the proviso stating that "moneys in each Series Debt Service Reserve Account shall only secure the applicable Series of Bonds," and such proviso shall have no further force or effect. (ii) Section 304(h)(2) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: "Evidence that upon issuance of such Bonds the amount to be held in the Debt Service Reserve Fund will be adjusted as necessary to account for any resulting change in the Debt Service Reserve Requirement." (iii) Section 305(b) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: 3 "In the Debt Service Reserve Fund, any amount necessary to meet the Debt Service Reserve Requirement." (iv) Section 306(c) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: "If Bonds are issued to refund any bonds and such bonds are not retired immediately upon such issuance, the City shall determine, immediately upon the delivery of such Bonds, whether the amount on deposit in the Debt Service Reserve Fund (including any amounts to be deposited on account of the issuance of such Bonds) exceeds the Debt Service Reserve Requirement. The City may direct the Trustee to remove any such excess from the Debt Service Reserve Fund and pay it to the City to be used by the City for any lawful purpose related to the System, including transfers to the escrow account described in subsection (a)(3) of this Section." (c) Amendment to Article V. Clause (1) of Section 504 of the Agreement of Trust is amended and restated to read as follows: "to the Debt Service Reserve Fund if the amount on deposit therein is less than the Debt Service Reserve Requirement" (d) Amendments to Article VI. (i) Section 603(d) of the Agreement of Trust is hereby amended and restated in its entirety to read as follows: "City of Virginia Beach Storm Water System Debt Service Reserve Fund, to be held by the Trustee." (ii) Section 607 of the Agreement of Trust is hereby amended to add the following paragraph at the end of such Section: "Notwithstanding anything to the contrary in this Section 607, the City shall not be required to hold separate Debt Service Reserve Accounts for separate Series of Bonds issued pursuant to this Agreement." (iii) Section 613 of the Agreement of Trust is hereby amended to delete the proviso stating that "moneys in each Series Debt Service Reserve Account shall only secure the applicable Series of Bonds which provided such moneys," and such proviso shall have no further force or effect. Section 3.104. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Third Supplemental Agreement. 4 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2015 BONDS Section 3.201. Authorization of Series 2015 Bonds. There are hereby authorized to be issued the Series 2015 Bonds in the aggregate principal amount of $ to finance the Cost of the 2015 Project, which is hereby authorized. The Series 2015 Bonds shall be issued pursuant to the Agreement of Trust and this Third Supplemental Agreement. Section 3.202. Details of Series 2015 Bonds. The Series 2015 Bonds shall be designated "Storm Water Utility Revenue Bonds, Series 2015" shall be dated the date of their issuance and delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and multiples thereof, shall be numbered R(2015)-1 upward and shall bear interest at the rates, payable semiannually on May 15 and November 15, beginning May 15, 2015, until their final payment or maturity, and shall mature on November 15 in the years and the amounts, set forth as follows: Maturitv 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Principal Interest Amount Rate $ % Maturitv 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Principal Interest Amount Rate $ Each Series 2015 Bond shall bear interest (a) from its date, if such Series 2015 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 2015 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2015 Bond payment of interest is in default, such Series 2015 Bond shall bear interest from the date to which interest has been paid. Principal of and premium, if any, on the Series 2015 Bonds shall be payable to the registered owners upon the surrender of Series 2015 Bonds at the office of the Registrar. Interest on the Series 2015 Bonds shall be payable by check or draft mailed to the registered owners at 5 their addresses as they appear on the fifteenth day preceding the interest payment date on the registration books kept by the Registrar; provided, however, if the Series 2015 Bonds are registered in the name of a Securities Depository or its nominee as registered owner or at the option of a registered owner of at least $1,000,000 of Series 2015 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Section 3.203. Form of Series 2015 Bonds. The Series 2015 Bonds shall be in substantially the forms set forth in Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by the Agreement of Trust and this Third Supplemental Agreement. Section 3.204. Securities Depository Provisions. Initially, one Series 2015 Bond certificate for each maturity of the Series 2015 Bonds will be issued and registered to the Securities Depository, or its nominee. The City 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 2015 Bonds. In the event that (a) the Securities Depository determines not to continue to act as a securities depository for the Series 2015 Bonds by giving notice to the Registrar and the City discharging its responsibilities hereunder or (b) the City in its sole discretion determines (1) that beneficial owners of Series 2015 Bonds shall be able to obtain certificated Series 2015 Bonds or (2) to select a new Securities Depository, then the City shall attempt to locate another qualified securities depositary to serve as Securities Depository or authenticate and deliver certificated Series 2015 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the forms provided for in Exhibit A; provided, however, that such form shall provide for interest on the Series 2015 Bonds to be payable (i) from its date, if it is authenticated prior to May 15, 2015, or (ii) otherwise from the May 15 or November 15 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 2015 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2015 Bonds, the Registrar 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 2015 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 of the Agreement of Trust. So long as there is a Securities Depository for the Series 2015 Bonds (A) it or its nominee shall be the registered owner of the Series 2015 Bonds, (B) notwithstanding anything to the contrary in this Third Supplemental Agreement, determinations of persons entitled to payment of principal, premium, if any, 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 City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records 6 maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Third Supplemental Agreement to registered owners of the Series 2015 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2015 Bonds and (E) in the event of any inconsistency between the provisions of this Third Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations, such provisions of the Letter of Representations shall control. Section 3.205. Re is?. The selection of U.S. Bank National Association as Registrar is approved. Section 3.206. Deliverv of Series 2015 Bonds. The Registrar shall authenticate and deliver the Series 2015 Bonds when there shall have been delivered to the Registrar a Request for Authentication stating that there have been filed with or delivered to the City Clerk all items required by Section 304 of the Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2015 BONDS Section 3.301. Redemption Dates and Prices. The Series 2015 Bonds may not be called for redemption by the City except as provided below: (a) Optional Redemption. Series 2015 Bonds maturing on or before November 15, 2024, are not subject to optional redemption prior to their stated maturities. Series 2015 Bonds maturing on or after November 15, 2025, are subject to redemption at the option of the City beginning on November 15, 2024, in whole or in part at any time (in any multiple of $5,000), without premium, upon payment of the principal amount of the Series 2015 Bonds so redeemed plus interest accrued to the redemption date. (b) [Mandatorv Redemption. The Series 2015 Bonds maturing on November 15, 20 , are required to be redeemed prior to maturity in part upon payrnent of 100% of the principal amount thereof plus interest accrued to the redemption date on November 15 in years and amounts, as follows: Year Amount Year Amount $ $ The amount of Series 2015 Bonds to be redeemed pursuant to this subsection may be reduced in accordance with the provisions of Section 605 of the Agreement of Trust.] Section 3.302. Selection of Series 2015 Bonds for Redemption. If less than all of the Series 2015 Bonds are called for redemption, the Series 2015 Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City. If less than all of the Series 2015 Bonds of a particular 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, by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Series 2015 Bond to be redeemed shall be in a minimum principal amount of $5,000 or some multiple thereof. In selecting Series 2015 Bonds for redemption, each Series 2015 Bond shall be considered as representing that number of Series 2015 Bonds which is obtained by dividing the principal amount of such Series 2015 Bond by $5,000. If a portion of a Series 2015 Bond shall be called for redemption, a new Series 2015 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. Notice of redemption of Series 2015 Bonds shall be given in the manner set forth in Section 402 of the Agreement of Trust. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2015 BONDS Section 3.401. Application of Proceeds of Series 2015 Bonds and Related Amounts. Proceeds of the Series 2015 Bonds in the amount of $ received by the City on January 28, 2015, together with the $235,000 good faith deposit previously received by the City, shall be deposited in the Series 2015 Project Account in the Construction Fund to be used to pay the Cost of the Project. The City shall deposit its own cash (not proceeds of the Series 2015 Bonds) in the amount of $ into the Series 2010 Debt Service Reserve Account (as defined in the Second Supplemental Agreement of Trust dated as of November 1, 2010, between the City and the Trustee), and such Series 2010 Debt Service Reserve Account shall thereafter be the Debt Service Reserve Fund described in Section 3.103 of this Third Supplemental Agreement. 8 ARTICLE V PROJECT ACCOUNT Section 3.501. 2015 Project Account. There shall be established within the Construction Fund a special account entitled 112015 Project Account." Portions of the proceeds of the Series 2015 Bonds specified in Section 3.401 above shall be deposited in the 2015 Project Account. Money in the 2015 Project Account shall be used to pay Costs of the 2015 Project, as evidenced by the requisitions provided by an Authorized Representative of Public Works to the Director of Finance in accordance with the provisions of Section 503 of the Agreement of Trust. Any balance remaining in the 2015 Project Account upon completion of the 2015 Project shall be disposed of in accordance with the provisions of Section 504 of the Agreement of Trust. ARTICLE VI SECURITY FOR SERIES 2015 BONDS Section 3.601. Securitv for Series 2015 Bonds. The Series 2015 Bonds shall be equally and ratably secured under the Agreement of Trust with the Outstanding Bonds of any other series issued pursuant to Article III of the Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, as provided in the Agreement of Trust, other than any Subordinate Debt. ARTICLE VII ARBITRAGE REBATE FUND Section 3.701. Rebate Requirement. Except with respect to earnings on funds and accounts qualifying for exceptions to the rebate requirement of Section 148 of the Code, the City shall pay the rebate obligations under the Code (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 final payrnent of the Series 2015 Bonds. Section 3.702. Calculation and Payment of Series 2015 Rebate Obli a?. (a) The City selects November 15 as the end of the bond year with respect to the Series 2015 Bonds pursuant to Treasury Regulations Section 1.148-1. (b) Within 30 days after the initial installment computation date, which is the last day of the fifth bond year (November 15, 2020), unless such date is changed by the City prior to the date that any amount with respect to the Series 2015 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. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the 9 Code, such computation (the "Rebate Amount Certificate") setting forth the Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes, (2) a bona fide arbitrage rebate calculation reporting service or (3) Bond Counsel. A copy of each such Rebate Amount Certificate shall be filed in the records of the City and with the Trustee. (c) No later than 60 days after the initial installment computation date, the City shall pay 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 and on or before 60 days every fifth anniversary date thereafter until final payment of the Series 2015 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 payrnent of the Series 2015 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 2015 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made from any legally available moneys of the City. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives and delivers to the Trustee an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2015 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. Section 3.703. Reports b_y Trustee. The Trustee shall provide the City within 10 days after each November 15 and within 10 days after the final payrnent of the Series 2015 Bonds with such reports and information with respect to earnings of amounts held by it under the Agreement of Trust and this Third Supplemental Agreement as may be requested by the City in order to comply with the provisions of this Article. ARTICLE VIII MISCELLANEOUS Section 3.801. Limitations on Use of Proceeds. The City covenants with the holders of the Series 2015 Bonds as follows: (a) The Series 2015 Bonds and the Series 2010 Bonds are the only Bonds currently outstanding. There are no Parity Double Barrel Bonds, Prior Bonds, Subordinate Double Barrel Bonds or Subordinated Debt currently outstanding. 10 (b) The City shall not take or omit to take any action or approve the Trustee's taking any action or making any investment or use of the proceeds of any Series 2015 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2015 Bonds or the Series 2010 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including participating in any issue of obligations that would cause the Series 2015 Bonds or the Series 2010 Bonds to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148- 10 or successor regulation, or otherwise cause interest on the Series 2015 Bonds or the Series 2010 Bonds to be includable in the gross income of the registered owners 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 United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2015 Bonds. (b) Barring unforeseen circumstances, the City shall not approve the use of the proceeds from the sale of any Series 2015 Bonds otherwise than in accordance with the City's "non-arbitrage" certificate delivered immediately prior to the issuance of the Series 2015 Bonds. (c) The City shall not permit the proceeds of the Series 2015 Bonds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with 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 (3) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (d) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2015 Bonds from gross income for Federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2015 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 3.802. Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Third Supplemental Agreement or the Series 2015 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2015 Bonds any legal or equitable right, remedy or claim under or in respect to this Third Supplemental Agreement or any covenants, conditions and agreements herein contained since this Third Supplemental Agreement and all of the covenants, conditions and agreements 11 hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Series 2015 Bonds as herein provided. Section 3.803. Severabilitv. If any provision of this Third Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Third Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 3.804. Successors and Assigns. This Third Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 3.805. Applicable Law. This Third Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 3.806. Counterparts. This Third 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. Section 3.807. Patriot Act Disclosure. 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. [Signature Page Follows] 12 IN WITNESS WHEREOF, the City and the Trustee have caused this Third Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager U.S. BANK NATIONAL ASSOCIATION, as successor Trustee By: Authorized Officer S-1 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 R(2015)- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, VIRGINIA Storm Water Utility Revenue Bond Series 2015 Interest Rate Maturity Date November 15, 20 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: Dated Date January 28, 2015 REGISTERED $ CUSIP The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof 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 semiannually on each May 15 and November 15, beginning May 15, 2015, 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 the dated date stated above, if this bond is authenticated prior to May 15, 2015, or (b) otherwise from the May 15 or November 15 that is, ar immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date 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 preceding each interest payrnent date on registration books kept by U.S. Bank National Association, which has been appointed paying agent and registrar (the "Registrar"); provided, however, that if the Bonds, as hereinafter defined, are registered in the name of a securities depository or its nominee as registered owner or at the A-1 option of a registered owner of at least $1,000,000 of Bonds, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by DTC, and the payrnent of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $ Storm Water Utility Revenue Bonds, Series 2015 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity. The Bonds are issued under an Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank National Association, as successor trustee (the "Trustee"), as supplemented by a First Supplemental Agreement of Trust dated as of January 1, 2000, as further supplemented by a Second Supplemental Agreement of Trust dated as of November 1, 2010 and as further supplemented by a Third Supplemental Agreement dated as of January 1, 2015 (collectively, the "Agreement of Trust"), and are equally and ratably secured on a parity as to the pledge of Pledged Revenues (as defined in the Agreement of Trust) with the Parity Obligations (as defined in the Agreement of Trust). 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 City and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds secured by a pledge of Pledged Revenues 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. Subordinated Debt, as defined in the Agreement of Trust, may be issued under the terms and conditions set forth in the Agreement of Trust. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City payable solely from Pledged Revenues, except to the extent payable from the proceeds of the Bonds, income from investments, certain reserves and proceeds of insurance, which Pledged Revenues and other moneys have been pledged as described in the Agreement of Trust to secure payment thereof. The Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from Pledged Revenues and other moneys pledged therefor, and neither the faith and credit nor the taxing, power of the Commonwealth of Virginia or any political subdivision thereof, including the City, is pledged to the payment of the principal of or premium, if any, or interest on the Bonds or other costs incident thereto. The Bonds may not be called for redemption by the City except as provided herein and in the Agreement of Trust. Bonds maturing on or before November 15, 2024, are not subject to optional redemption prior to their stated maturities. Bonds maturing on or after November 15, 2025, are subject to redemption at the option of the City beginning on November 15, 2024, in A-3 whole or in part at any time (in any multiple of $5,000), without premium, upon payment of the principal amount of the Bonds so 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 City. 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 Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some 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 Registrar 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, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Provided funds for their redemption are on deposit at the place of payrnent 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 this 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 the 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 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 multiples thereof. Upon surrender for transfer or exchange of this bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar 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 City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. A-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, 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 owner on the fifteenth day preceding 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 Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. A-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the dated date stated above. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia CERTIFICATE OF AUTHENTICATION Date Authenticated: 52015 Mayor, City of Virginia Beach, Virginia This bond is one of the Bonds described in the within mentioned Agreement of Trust. (SEAL) U.S. BANK NATIONAL ASSOCIATION, as Registrar By: Authorized Officer A-5 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. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, or correspond with the name of the registered Savings Association who is a member of a owner as it appears on the front of this bond medallion program approved by The in every particular, without alteration or Securities Transfer Association, Inc. enlargement or any change whatsoever. 11900983v5 A-6 -64- Item -VII-N.4 ORDINANCES/RESOL UTIONS ITEM #64474 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re ESTABLISHMENT of the AMERICAN MEDICAL RESPONSE MID- ATLANTIC, INC., and GRANT an annual EMS Permit for private ambulance services Yoting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 AMERICAN MEDICAL RESPONSE MID-ATLANTIC, INC. IN 3 VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS 4 PERMIT FOR PROVIDING PRIVATE AMBULANCE 5 SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2 , any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for emergency 14 transport or non-emergency transport purposes must apply for a permit; and 15 16 WHEREAS, a request for establishment and an application for a permit has been 17 received from American Medical Response Mid-Atlantic, Inc.; and 18 19 WHEREAS, this request and application has been recommended for approval by 20 the Virginia Beach Department of Emergency Medical Services; and 21 22 WHEREAS, City Council finds the approval of this request and application is in the 23 best interests of the citizens of Virginia Beach as it will assure continued and adequate 24 emergency services and will preserve, protect and promote the public health, safety and 25 general welfare of the citizens. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the request of American Medical Response Mid-Atlantic, Inc. for the 31 establishment of its emergency medical service in the City of Virginia Beach, and its 32 application for an annual EMS permit for providing private EMS ambulance services in the 33 City of Virginia Beach is hereby approved and granted, effective immediately and until June 34 30, 2015. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 th day of 37 January , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,,/Mergency edical Services E City Attorney's ffice CA13241 R-1 December 15, 2014 -65- Itenz -VII-N.5 ORDINANCES/RESOL UTIONS ITEM #64475 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT a donation of equipment from the Hampton Roads Planning District Commission (HRPDC) to improve regional communications Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and,Tames L. Wood Council Members Absent: None January 6, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT A DONATION OF EQUIPMENT FROM THE HAMPTON ROADS PLANNING DISTRICT COMMISSION TO IMPROVE REGIONAL COMMUNICATIONS APPROVED AS TO LEGAL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The City of Virginia Beach hereby accepts from the Hampton Roads Planning District Commission equipment to provide improved communications capabilities within the region; and 2. The City Manager or his designee is authorized to execute an acknowledgement of receipt in a form approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of January , 2015. APPROVED AS TO CONTENT: SU NC . Budget and Management Se ices City Attorn ' ice CA 13242 R-1 December 18, 2014 HAM'F17-£7/V R47AE7S 3/ x/.a..f a:unMlS+3is6?N KENNITlJ/. i*'«i6?!7 cti.u%W.a.v . ctrod !IAU[.+stN. urrC?cit:..R MEMHEFL .S L R t:? D fC T f L3.IY'S- October 33, 2(I14 C1^I EF'APEAJC:E Mr, Mattlzew B. Aruay Chief 1nformatian affi'iusr Ci#y of Virginia Beac-t 2400 Gourthouse I3riue Buulding 2, Rntiztt B2'1 Virginia Beach, V:P; 23456 r?ia?wt?rai? R.E: HRPDC Lettez' af Dctnatian f5.1;? t7F 45fiLS't3T F1L'ar W AI'V'ay.; .A,4r-s ci-;;- The Hampto.n Roads Planinxng D.istrict Cain-mission {HRI'DC) formaRy donates to the City o'f V'irgi.riia Be?ch, tlat, equipxnenz that w:as prosured NEwP:uRT wtws for the surn of $73G,,543:.22. Dotails are pravided in the following attachments and for the folltiwing amounts: k"'"E"" HRPDG purchase order r?umier 2014-12 for the amount 0f $,677,35B,82. PoQUOSON HRPDC purchase order number 2 014-43 farthe arriauntof $49,999,40. FiC3RTSM(3.tlt#i HRT'i3C purchase oxd:ernunr?ber 2015-44 for the am.ountaf $9,1851,00. If you have atzy questions please coritact me. sw?xT»? i?i.ia S1l3GeI'?ly; SF3L:TTHAMPT[3.?` . . ' f '^'T-"'? S:tJ?'?OL1C ?.- . Ra.ray xeaton Interim Executive BireGtor 5LlfiRY DC/jc .•IRG»IAsEACH Attaehmer?ts wtLL-tamSsuRG raaK HEiAIIT7iJARTERS • Tt{c R£Gt)]Nql BLiL.O:IF36 -723 W0930LA..K£ CrR1YE +CHES.?:f'EAKE,_ti.IRCi1NtA Z8324 •0757) 42D•H3Q0 Hampton Roads Urban Areas 5ecurity lnitiative r4?- Aelriowledgement vf Receipt for ponated Equipment The Harnpton Roads Planning Distric-t Commission (HRPDC) has purchased equipment on behaif of Hamptnn Roads jurisdictions, agencies and arganizations under the Hampton Roads tTrban Areas Security Initiative (UASi) Gran? and agrees to transfer o?nrnership of the equipment listed on the attached form to Donee (as defined below) at no cost under the following conditions: 1. Danee agrees to use the equipment to address unique muita-disciplinary pIanning, organization, equiprnent, training, and exercise needs af Harnpton Koads, and assist in building and sustaining capabilities to preven? protect against, respond to, and recaver from threats or acts afterrorism. 2. Donee agrees ta pravide proper storage and reasonable maini:enance, repair and use t+a maintain Qperational condition of the equipment. 3. Donee agrees to take possession af the equigment listed belaw an an "as is" basis, without arty representation ar warranties, eapress or implied, including warranties of qualit?r, performance ar fitness for a particular purpose. Ut?der na circumstances will the HRPDC be tiable to Donee or any other party for any direct, indirect, incidentall special or crtnseyuential damagcs arising out of or related to the equipmen?. HRPDC shall have no abligations for the repair, maintenance, or far any other Qbligatians with respect to the equigment. 4. Donec wiIt receive all rights, titles and interest in the ?equipment listed below. This transaci:ion does not constitute a sale of the equipment Donee agrees it vuill take fvll respr?nsibility for meeting applicable federal requirements. I hereby a?;knowIedge the receipt of the foilowing equipment (see attachet?): Danee (?,ocality) Received By. Titie: Signature Date -66- Item -VII-N.6 ORDINANCES/RESOL UTIONS ITEM #64476 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH "Corporate Landing Roadway Improvements "; ACCEPT $453, 000 from the Commonwealth of Virginia Economic Development Access Fund program and APPROPRIATE with estimated State revenues increased accordingly; ACCEPT $1,172,051 from the Development Authority and APPROPRIATE with estimated local revenues increased accordingly Yoting: 11-0 Council Members Yoting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 AN ORDINANCE TO ESTABLISH CIP# 2-004, 2 "CORPORATE LANDING ROADWAY IMPROVEMENTS," 3 AND TO ACCEPT AND APPROPRIATE FUNDS FROM THE 4 COMMONWEALTH OF VIRGINIA AND THE CITY OF 5 VIRGINIA BEACH DEVELOPMENT AUTHORITY TO 6 PROJECT # 2-004 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. CIP #2-004, "Corporate Landing Roadway Improvements," is hereby 12 established in the FY 2014-15 Capital Improvement Program; 13 2. $453,000 is hereby accepted from the Commonwealth of Virginia Economic 14 Development Access Fund Program and appropriated, with estimated state 15 revenues increased accordingly, to CIP #2-004; and 16 3. $1,172,051 is hereby accepted from the City of Virginia Beach Development 17 Authority and appropriated, with estimated local revenues increased 18 accordingly, to CIP #2-004. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day Of Januarv .2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: h ?,, a- Budget and Management Services CA13243 R-1 December 18, 2014 APPROVED AS TO LEGAL GREEN FLASH ROADWAY IMPROVEMENTS ` VIRGINIA BEACH, VA a n ,, & H l K o So ,oo Zao FIGURE 3 or l 1 Im ,, e? CREATED BY: E. ATHERTON Feet AERIAL LOCATION DATE: 10/31/2014 KHA PROJECT NUMBER: 116049069 Preliminary Opinion of Probable Construction Cost Green Flash Roadwav Improvements (90% Plans) Item ' No. Spec Sectioo Description Quantity Units Unit ! Price Cost General Items 1 VDOT 513 Mobilization 1 LS $65,200.00 $65,200 2 VDOT 517 Construction Surveying 1 LS $10,000.00 $10,000 3 VDOT 303 Construction Entrance 1 EA $3,000.00 $3,000 4 VDOT 301 Clearing & Grubbing 1.80 ACRE $10,000.00 $18,000 5 VB 303 Regular Excavation 3,140 CY $15.00 $47,100 Pavement Items 6 VDOT 315 Asphalt Concrete TY. SM-9.5A 650 TON $85.00 $55,250 7 VDOT 315 Asphalt Concrete TY. IM-19.OA 450 TON $80.00 $36,000 8 VDOT 315 Asphalt Concrete TY. BM-25.0 670 TON $70.00 $46,900 9 VDOT 309 Aggregate Base Material TY. I No. 21A/B 2,800 TON $35.00 ' $98,000 10 VB 303 Geotextile Fabric (Subgrade Stabilization) 4,470 SY $2.50 $11,175 Drainage Items 11 VDOT 302 Reinforced Concrete Pipe, 15" 733 LF $45.00 $32,985 12 VDOT 302 Reinforced Concrete Pipe, 36" 44 LF $150.00 $6,600 13 VDOT 302 Reinforced Concrete Pipe, 42" 347 LF $200.00 $69,400 14 vg 302 Drop Inlet, DI-3A 6 EA $3,500.00 $21,000 15 vs 302 Drop Inlet, DI-3C, L= 6' 1 EA $4,000.00 $4,000 16 va 302 Drop Inlet, DI-3C, L= 8' 1 EA $4,400.00 $4,400 17 vB 302 Drop Inlet, DI4A 3 EA $5,000.00 $15,000 18 VDOT 302 15" End Section, ES-1 2 EA $900.00 $1,800 19 VDOT 302 42" End Section, ES-1 1 EA $2,500.00 $2,500 20 vooT 302 Erosion Control Stone, EC-1, Class A1 32 TON $100.00 $3,200 21 va 302 Manhole, MH-1 1 EA $5,000.00 $5,000 22 ve 302 MH-1 Frame and Cover 2 EA $1,500.00 $3,000 Demolition Items 23 VB 515 Fiexible Pavement Planing 2,320 SY $4.00 $9,280 24 VDOT 315 Saw Cut Asphalt Pavement 1,350 LF $15.00 $20,250 25 v6 508 Demolition of Pavement (Asphalt) 320 SY $10.00 $3,200 26 ve 510 Modify Existing Drop Inlet 1 EA $2,000.00 $2,000 27 VB 510 Remove Existing Sidewalk 200 SY $10.00 $2,000 28 VB 510 Remove Existing Entrance 13 SY $15.00 $195 29 VB 510 Remove Existing Curb / Curb and Gutter 1,220 LF $12.00 $14,640 Incidental Roadway Items 30 VDOT 502 Std. Curb CG-2 458 LF $15.00 $6,870 31 VDOT 502 Radial Curb CG-2 161 LF $17.00 $2,737 32 VDOT 502 Std. Combination Curb and Gutter CG-6 1,206 LF $18.00 $21,708 33 VDOT 502 Radial Combination Curb and Gutter CG-6 163 LF $20.00 $3,260 34 VDOT 502 Commerciai Entrance CG-9D 28 SY $80.00 $2,240 35 VDOT 502 Commercial Entrance CG-13 76 SY $80.00 $6,080 36 va 502 Curb Ramp with Detectable Warning SurFace CG-12 42 SY $150.00 $6,300 37 VDOT 502 Raised Median Strip, MS-1A 62 SY $100.00 $6,200 38 VDOT 504 Hydraulic Cement Conc. Sidewalks (4" Depth) 780 SY $35.00 $27,300 39 ve 510 ReseUlnstall R/W Monument (Concrete) 12 EA $200.00 $2,400 Continued on page 2 November 5, 2014 1 ?????y#)Horn Pavement Markin s/Si nin ao v6 704 Pavement Line Markin s, T pe B Class I 4" Yellow Solid 1,710 LF $0.75 $1,283 41 vg 704 Pavement Line Markin s, T pe B Class I 6" Solid White 635 LF $1.00 $635 42 va 704 Pavement Line Markin s, T pe B Class I(6" White Mini Skip) 460 LF $1.00 $460 43 ve 704 Pavement Line Markin s, T pe B Class I(24" Solid White 250 LF $3.00 $750 44 vs 704 Pavement Messa e Mark: Sin le Elongated Arrow 16 EA $150.00 $2,400 45 va 704 Pavement Messa e Mark: Double Elon ated Arrow 3 EA $200.00 $600 as vB 704 Pavement Messa e Mark: ONLY 4 EA $400.00 $1,600 47 va 701 Si n Panel 50 SF $60.00 $3,000 Utilities as va 520 Removal of Exist. Fire H drant 2 EA $1,500.00 $3,000 49 va 520 Fire H drant, Lateral, and Valve 3 EA $4,500.00 $13,500 50 va 520 Removal of Exist. Water Meter, Box, and Service Line 1 EA $750.00 $750 51 vg e20 Water Main 12" Ductile Iron 610 LF $120.00 $73,200 Erosion & Sediment Control 52 VDOT 303 Drop Inlet Silt Trap (Type A) 5 EA $250.00 $1,250 53 VDOT 303 Drop Inlet Silt Trap (Type B) 14 EA $250.00 $3,500 54 voor 303 Drop Inlet Silt Trap (Type C) 1 EA $250.00 $250 55 VB 303 Temporary Silt Fence 1,450 LF $3.00 $4,350 56 VB 303 Temporary Tree Protection Fence 135 LF $5.00 $675 57 vg 244 Topsoil, Class A 0.81 ACRE $10,000.00 $8,100 58 va 603 Regular Seed 130 LB $15.00 $1,950 59 va 603 Temporary Seed 130 LB $8.00 $1,040 60 VB 603 Fertilizer (10-20-10) 0.21 TON $1,200.00 $252 61 VB 603 Lime 1.7 TON $300.00 $510 Li htin S stem 62 suPPi. Lighting Control Center 1 EA $10,000.00 $10,000 63 vDOT 700 Junction Box JB-S1 5 EA $850.00 $4,250 64 vooT 7o0 6 Conductor Cable 600 LF $2.00 $1,200 65 va 700 Conduit (2" PVC, Trenched) 600 LF $12.00 $7,200 66 vDOr 700 Trench Excavation ECI-1 600 LF $12.00 $7,200 67 SuPpl. LED Cobrahead Street Light 4 EA $2,000.00 $8,000 Maintenance of Traffic 68 VDOT511 Allaying Dust 20 HR $70.00 $1,400 ss VB 512 Type III Barricades (8') 2 EA $600.00 $1,200 70 v6 512 Construction Signs 1,260 EA/DAY $2.50 $3,150 71 VB 512 Truck Mounted Attenuator 60 DAY $50.00 $3,000 72 VB 512 Group 2 Channelizing Device 2,880 EA/DAY $0.50 $1,440 Total Construction Cost $ 867,265 20% Contingency $ 173,453 Total Construction Cost w/20% Cont. $ 1 040 717 Continued on page 3 November 5, 2014 2 K????? ??)Horn Preliminary Opinion of Probable Construction Cost Green Flash Stormwater Manaqement Facilitv (90% Plans) Item No. Spec Section Description Quantity Units Unit Price Cost' Item No.' ' Spec Sectiort Cor orate Landin Re ional BMP Description Quantity 1lnits Unit - Price Cosk' 1 VDOT 513 Mobilization 1 LS $38,700.00 $38,700 2 v6 302 24" End Wall, EW-11 1 EA $10,000.00 $10,000 3 VB 303 SWM Excavation 22,700 CY $15.00 $340,500 4 VB 302 24" End Section, ES-1 1 EA $1,200.00 $1,200 5 vDor 302 Erosion Control Stone, EC-1, Class A1 197 TON $100.00 $19,700 6 VDOT 302 Erosion Control Matting, EC-2 3,590 SY $2.50 $8,975 7 VDOT 302 Reinforced Concrete Pipe, 24" 37 LF $150.00 $5,550 8 VB 303 Temporary Silt Fence 1,200 LF $3.00 $3,600 9 VB 303 Temporary Tree Protection Fence 50 LF $5.00 $250 10 VDOT 303 Drop Inlet Silt Trap (Type C) 1 EA $250.00 $250 11 VDOT 301 Clearing & Grubbing 2.60 ACRE $10,000.00 $26,000 12 VB 244 Topsoil, Class A 1.20 ACRE $10,000.00 $12,000 13 vs 603 Regular Seed 180 LB $15.00 $2,700 14 v6 603 Temporary Seed 180 LB $8.00 $1,440 15 VB 603 Fertilizer (10-20-10) 0.30 TON $1,200.00 $360 16 VB 603 Lime 2.4 TON $300.00 $720 » vDOT 302 Aquatice Bench Planting 1 LS $15,000.00 $15,000 Total Construction Cost $ 486,945 20% Contingency $ 97,389 Total Construction Cost w/20% Cont. $ 584 334 November 5, 2014 3 ?????? ??? ????? -67- Item -VII-N.7 ORDINANCES/RESOL UTIONS ITEM #64477 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to MODIFY the terms of the Town Center Phase V RA Note in the amount of $3, 850, 000 Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, 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: None January 6, 2015 1 ORDINANCE APPROVING MODIFICATIONS 2 TO THE TERMS OF THE RA NOTE 3 ASSOCIATED WITH THE TOWN CENTER 4 PHASE V DEVELOPMENT AGREEMENT 5 6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 7 Virginia Beach Development Authority (the "Authority"), the City Manager and City 8 staff have engaged in extensive negotiations with representatives of Town Center 9 Associates, L.L.C. (the "Developer") and its affiliates, regarding the continued 10 development of the Central Business District project known as The Town Center of 11 Virginia Beach (the "Project"); 12 13 WHEREAS, the Project is a development arrangement between the Authority 14 and the Developer for a mixed-use commercial development utilizing the structure of 15 an economic development park in the B-3A Pembroke Central Business Core 16 District, an area of the City that is zoned to optimize development potential for a 17 mixed-use, pedestrian-oriented, urban activity center with mid-to-high-rise structures 18 that contain numerous types of uses, including business, retail, residential, cultural, 19 educational and other public and private uses; 20 21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 22 99-2567B establishing the Central Business District-South Tax Increment Financing 23 Fund (the "TIF"); 24 25 WHEREAS, the TIF is funded with incremental real estate taxes paid in the 26 area shown on the location map attached as Exhibit A, and is used by the City and 27 Authority to service debt issued to pay for the public improvements associated with 28 the Project; 29 30 WHEREAS, the "Core Area" of the TIF, shown on Exhibit A, is the 10 block 31 area developed by Developer as part of the Project; 32 33 WHEREAS, Phases I, II, III and V of the Project are complete: Phase IV has 34 expired; 35 36 WHEREAS, Phase V was approved by City Council and the Authority in 37 November of 2012, and then modified twice, first in 2013 and second in 2014; 38 39 WHEREAS, the Authority has committed to purchase a parking garage as a 40 part of Phase V for $20,100,000 (the "Authority Purchase Price"), although 41 construction is complete on Phase V, the transaction has not yet closed; 42 43 WHEREAS, the Authority Purchase Price is to be funded with bonds issued 44 by the Authority and repaid with monies appropriated by the City from the TIF to the 45 Authority (the "Phase V Bonds"); 46 47 WHEREAS, to ensure the TIF has sufficient balances to service the Phase V 48 Bonds, and the remaining bonds from the first three phases of the Project (the "Debt 49 Service"), the Developer is required to execute a promissory note payable to the 50 Authority in the amount of $3,850,000 (the "RA Note"); 51 52 WHEREAS, the RA Note is payable in four annual installments of $400,000 53 followed by five annual installments of $450,000; 54 55 WHEREAS, the amount of the RA Note was calculated by the City as the 56 projected amount necessary to ensure the TIF has sufficient funds to pay the Debt 57 Service; 58 59 WHEREAS, the projected balances of the TIF, including payment of the debt 60 associated with the Phase V Bonds, are shown on Exhibit B, attached hereto and 61 incorporated herein; 62 63 WHEREAS, under the terms of the Phase V Development Agreement and the 64 RA Note, the Developer is entitled to a credit for taxes associated with the assessed 65 value of improvements constructed on Block 9 of the Project (the "RA Credit"); 66 67 WHEREAS, the Developer requests that the RA Credit calculation be 68 modified as follows: a) substitute "assessed value of improvements" with "actual 69 real estate taxes paid" and b) substitute "Block 9" with "the entire Core Area". 70 71 WHEREAS, the projected Core Area Taxes are also shown on Exhibit B; 72 73 WHEREAS, the Developer has also requested the City and Authority allow 74 the substitution of the guaranty of the RA Note from the principals of the Developer 75 (Louis Haddad and Daniel Hoffler) to the public entity which owns the Developer, 76 Armada Hoffler Properties, Inc. (the "Substitute Guarantor"); 77 78 WHEREAS, City Council is of the opinion that allowing the change to the 79 calculation of the RA Credit and the Substitute Guarantor to guaranty the RA Note 80 will not harm the liquidity of the TIF nor increase the probability that the City's 81 general fund would need to supplement the TIF to pay any of the debt associated 82 with the Project; 83 84 WHEREAS, the City Council finds that agreeing to the requested changes will 85 promote the future success of the Project thereby stimulating the City's economy; 86 increase public revenues; enhance public amenities and further the City's 87 development objectives for the Project; and provide necessary components to 88 further the goals contained in the City's Guidelines for Evaluation of Investment 89 Partnerships for Economic Development; and 90 91 WHEREAS, the City Council hereby approves the requested changes to the 92 RA Note as set forth on the Summary of Terms attached hereto as Exhibit C. 93 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 94 VIRGINIA BEACH, VIRGINIA; 95 96 1. That the modification to the terms of the Phase V RA Note in the 97 amount of $3,850,000 is hereby approved, so long as such modifications are 98 consistent with the Summary of Terms attached hereto as Exhibit C and made a part 99 hereof, and such other terms, conditions or modifications as may be acceptable to 100 the City Manager and in a form deemed satisfactory by the City Attorney. 101 102 2. That City Council recommends the City of Virginia Beach Development 103 Authority consider adopting a resolution approving the modifications to the terms of 104 the Phase V RA Note approved by this Ordinance. 105 6th 106 Adopted by the Council of the City of Virginia Beach, Virginia, on the 107 day of January , 2015. APPROVED OL AL SUFFICIEN M City Attorney APPROVED AS TO CONTENT ?. Economic Development APPROVED AS TO FUNDS AVAI LAB I LITY u I . oilt I ffi 112-4 inance Department CA13193 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D023\P019\00174316.doc R-1 December 30, 2014 . . , j? ?. .. 0 y 0 J ; .; . 7, ? ; y i ` ? _ r u F? 0 p(3 , .. .. o p , ; ? ? --? - - ? , ? ? ... ? " x , ? ? ... . ? .. .. , u. , . CJ , r+ : ? t . ' s 1 .r . , , .. > ? , , " ? , "`i ?"4 fl, . f ' ? ? ! 1..1 " ' . ? ? 3 '• ? .i -? ? • , .- ; ? ? ?-? ?? ? ' x ? -?. .? ,? e _. :.. ,??. ... , ? . , ••, , ., . f1 .> ? v ? . .. .... .. . € _ . r? .:. . t i ? i q ? ? a.. ' . _ . ... r ?! d ? -.; a L J ' LI Dr1(3. ? , , ? O I?2 Li r7 0'".& ?? .. . ? ?? ... A^?r ? s ?? '.. k? .? ,. . ... . !? r ? ', '. . .. . ?[ ' ` .. ^ . .. ? ... . S • . , ?S ? J?. ? r ?1.., .... "1. ?? t ? ? e ??? ..: .. .... . . ? .. . 9 t i- g M ' G70 _' .. ! 10 13 ., ? ? ? • ' _ .. ?yl?? . ^?.u.??? C y ?? " . . .. ... '? r 3^ C:; ? c _, _ ? r . .. . J .' p ?" o r°t?7 ? ?6 0 -b ? . . t1 ? ' W ? ! m X 2 ? ? 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Core TC TIF District Real Estate Tax Revenue Tax Rates Per $100 of Assessed Value: FY-13 actual FY-14 forward Assumed Growth in Assessed Values Tax Rates Per $100 of Assessed Value: Base Year FY 98-99 Projected Real Estate Assessments Phase I: Blocks 4& 5 Phase II: Block 3 Phase II: Block 8 Phase II: Block 10 Phase II: Block 12 Phase III: Block 7 Phase III: Block 6 Phase III: Block 5 Phase IV: Block 2 Phase IV: Block 9 Phase V: Block 11 Total Projected Core Assessments in FY-13 Actual/Projected Real Estate Assessments in FY-15 Amount FY-15 RE Assessments Greater (Lesser) than Projected $0.95 $0.93 20,276,974 Total Projected Core RE Tax Revenue in FY-13 @$.95 original PhV projection* Cumulative Overall TIF Fund Balance Projected Cumulative Fund Balance in FY-13 - original projection Projected Cumulative Fund Balance in FY-15 - updated projection Amount FY-15 Cumulative Fund Balance is Greater (Lesser) than Projected EXHIBIT B (Page 1 of 3) $0.95 Final FY 12-13 109,748,200 18,880,500 7,834,600 60,192,700 11,758,100 101,570,900 12,525,500 15,799,200 2,987,600 1,762,500 4,741,700 $347,801,500 $347,801,500 $0 $3,111,483 4,630,331 4,630,331 $0 *This line is the basis for the calculation of the RA Credit EXHIBIT B (Page 2 of 3) 2.0% 2.0% 2.0% 2.0 % 2.5% $0.93 $0.93 $0.93 $0.93 $0.93 $0.93 Final Land Book Estimated Estimated Estimated Estimated Estimated FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 114,111,900 116,394,138 118,722,021 121,096,461 123,518,390 126,606,350 20,454,000 20,863,080 21,280,342 21,705,948 22,140,067 22,693,569 7,834,600 7,991,292 8,151,118 8,314,140 8,480,423 8,692,434 63,286,600 64,552,332 65,843,379 67,160,246 68,503,451 70,216,037 12,359,500 12,606,690 12,858,824 13,116,000 13,378,320 13,712,778 82,108,500 83,750,670 85,425,683 87,134,197 88,876,881 91,098,803 12,905, 300 13,163,406 13,426,674 13,695,208 13,969,112 14, 318,340 16,037,400 16,358,148 16,685,311 17,019,017 17,359,398 17,793,382 2,987,600 3,047,352 3,108,299 3,170,465 3,233,874 3,314,721 1,845,700 1,882,614 1,920,266 1,958,672 1,997,845 2,047,791 5,930,600 78,189,660 79,753,453 81.348,522 82,975,493 85,049,880 $339,861,700 $418,799,382 $427,175,370 $435,718,877 $444,433,255 $455,544,086 $339,861,700 $383,565,250 $437,812,264 $446,568,509 $455,499,879 $464,609,877 $0 ($35,234,132) $10,636,894 $10,849,632 $11,066,625 $9,065,791 $3,036,055 $3,785,963 $3,865,535 $3,946,698 $4,029,485 $4,135,038 4,310,474 3,641,372 3,072,922 2,490,310 1,935,777 1,494,152 4,176,376 2,988,741 2,324,042 1,692,415 1,136,159 697,953 ($134,098) ($652,632) ($748,880) ($797,895) ($799,617) ($796,199) ExxlsiT B (Page 3 of 3) 2.5% $0.93 Estimated 2.5% $0.93 Estimated FY 20-21 2.5% $0.93 Estimated FY 21-22 2.5% $0.93 Estimated FY 22-23 2.5% $0.93 Estimated FY 23-24 129,771,509 133,015,797 136,341,192 139,749,721 143,243,464 23,260,908 23,842,431 24,438,492 25,049,454 25,675,690 8,909,744 9,132,488 9,360,800 9,594,820 9,834,691 71,971,438 73,770,724 75,614,992 77,505,367 79,443,001 14,055,598 14,406,988 14,767,162 15,136,341 15,514,750 93,376,273 95,710,680 98,103,447 100,556,033 103,069,934 14,676,298 15,043,205 15,419,286 15,804,768 16,199,887 18,238,217 18,694,172 19,161,527 19,640,565 20,131,579 3,397,589 3,482,529 3,569,592 3,658,832 3,750,303 2,098,986 2,151,461 2,205,247 2,260,378 2,316,888 87,176,127 89,355,530 91.589,418 93,879,154 96.226,133 $466,932,688 $478,606,005 $490,571,155 $502,835,434 $515,406,320 $473,902,075 $483,380,116 $493,047,718 $502,908,673 $512,966,846 $6,969,387 $4,774,111 $2,476,563 $73,238 ($2,439,474) $4,243,229 $4,354,126 $4,467,795 $4,584,305 $4,703,729 1,114,511 803,079 555,456 712,609 3,781,078 424,776 277,243 248,901 679,954 4,569,297 ($689,734) ($525,836) ($306,555) ($32,655) $788,219 EXHIBIT C SUMMARY OF TERMS Modification to the Terms of the Phase V RA Note CURRENT TERMS Principal: $3,850,000 Obligor: Town Center Associates, L.L.C. Noteholder: City of Virginia Beach Development Authority ("Authority") Repayment Terms: Four (4) annual payments of $400,000, followed by five (5) annual payments of $450,000 Guarantors: Louis Haddad and Daniel Hoffler Annual Credit: 1) Assessed value of improvements constructed at Block 9 of Town Center multiplied by 0.0093 (the real estate tax rate); and 2) Revenue received by the Authority for leasing of parking spaces in Block 11, up to $100,000 per year. MODIFIED TERMS Principal: $3,850,000 Obligor: Town Center Associates, L.L.C. Noteholder: City of Virginia Beach Development Authority ("Authority") Repayment Terms: Four (4) annual payments of $400,000 followed by five (5) annual payments of $450,000 Guarantors: Armada Hoffler Properties, Inc., a Maryland corporation Annual Credit: 1) RA Credit = the difference between (a) the actual real estate taxes paid into the TIF from the Core Area and (b) the projected real estate taxes for the Core Area as shown on Exhibit B, so long as the balance of the TIF does not go negative; and 2) Revenue received by the Authority for leasing of parking spaces in Block 11, up to $100,000 per year. -68- Item -VII-N.8a ORDINANCES/RESOL UTIONS ITEM #64478 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE: a. $18,932 from the U.S. Department of Housing and Urban Development for the Veterans Affairs Supportive Housing Program Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,932 IN REVENUE FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $18,932 is hereby accepted from the United States Department of Housing and Urban Development and appropriated, with federal revenue increased accordingly, to the FY 2014-15 Operating Budget of the Department of Housing and Neighborhood Preservation to assist homeless veterans with housing subsidies in furtherance of the Veterans Administration Supportive Housing Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day Of January , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFE£ Y: / - Cit ? s O ice CA13246 R-1 December 22, 2014 -69- Item -VII-N.8b ORDINANCES/RESOL UTIONS ITEM #64479 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE: b. $1,477,422 of the Tourism Investment Program Special Revenue to the Atlantic Avenue trolley purchase Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 AN ORDINANCE TO APPROPRIATE $1,477,422 OF FUND 2 BALANCE OF THE TOURISM INVESTMENT PROGRAM 3 SPECIAL REVENUE FUND TO CAPITAL PROJECT #9-014 4 ATLANTIC AVENUE TROLLEY PURCHASE 5 6 WHEREAS, the City's FY 2014-15 Adopted Capital Improvement Program (the 7 "CIP") includes Capital Project #9-014, Atlantic Avenue Trolley Purchase, which 8 provides $2,600,000 from the Tourism Investment Program Special Revenue Fund for 9 the City's share of the cost to purchase fourteen open air trolley's for the Atlantic 10 Avenue Shuttle service (Hampton Roads Transit Route 30) to increase ridership; 11 12 WHEREAS, the City Council, in its FY 2014-15 CIP, appropriated $1,300,000 13 and programmed $1,300,000 for FY 2015-16; 14 15 WHEREAS, Hampton Roads Transit ("HRT") received a bid from the vendor 16 totaling $6,172,048, which will increase the City's 45% grant match to $2,777,422; and 17 18 WHEREAS, in order for HRT to place the purchase order with the vendor to 19 manufacture and deliver the trolleys for use in the 2015 Resort Season, all of the 20 funding must be appropriated in FY 2014-15. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That $1,477,422 from the fund balance of the Tourism Investment Program 26 Special Revenue Fund is hereby appropriated, with estimated revenues increased 27 accordingly, to Capital Project # 9-014, Atlantic Avenue Trolley Purchase, to provide the 28 remaining City share of funding to purchase fourteen vintage, open-air trolleys for the 29 Atlantic Avenue Shuttle service. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day Of January , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPO AS TO LEGAL SUFFICIENCY: . ? ? D'Uj Q, --- Budget and Management Servi es City Aftor s ice CA13248 R-1 December 23, 2014 rigure I : Kendering resembling Oceanfront trolleys. -70- Item -VII-O PLANNING ITEM #64480 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC/DORIS Y. MORGAN and ALFONZO R MORGAN 2. SUL TRANQUILITYLAKES, LLC/ WILLIAM DONALD MARTIN, SR. 3. ENOCH BAPTIST CHURCH/GOOD SAMARITANEPISCOPAL CHURCH 4. 4TH GENERATION HOME BUILDERS, LLC/SARAH F. BAKER 5. A H SA NDBRID GE, LLC 6. CITY OF VIRGINIA BEACH VARIANCE CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING MODIFICATION OF CONDITION MODIFICATION OF CONDITIONS CHANGE OF ZONING MODIFICATION OF PROFFER AMEND CITY ZONING ORDINANCE MAYOR SESSOMS WILLA BSTAIN ONITEM #1 a/G/c ITEM #2 WILL BE DEFERRED TO FEBRUARY 3RD ITEM #5 WILL BE DEFFERED TO JANUARY 20Tx REVISED VERSION OF ITEM #6B WILL BE CONSIDERED ITEM #6C WILL BE DEFERRED TO JANUARY 20Tx January 6, 2015 -71- Item -VII-I PLANNING ITEM #64481 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items la/b/c(MAYOR ABSTAIN), 2(DEFERRED TO FEBRUARY 3RD ), 3a/b, 4, S(DEFERRED TO JANUARY 20TH ) and 6a, 6b(REVISED VERSION) and 6c(DEFERRED TO JANUARY 20TH) of the PLANNING AGENDA. Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None January 6, 2015 -72- Item -VII-O.l a/b/c PLANNING ITEM #64482 Upon motion by Vice Mayor Jones, seconded by Coacncilman Dyer, City Council, APPROVED and PROFFERED, BY CONSENT, Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC/DORIS Y. MORGAN and ALFONZO R. MORGAN at 401 Birdneck Circle DISTRICT 6- BEACH.• a. Variance to Section 4.4(b) of the Subdivision Regulations which requires subdivided lots meet the requirements of the City Zoning Ordinance (CZO) b. Change o Zonin from A-12 Apartment to R-7.5 Residential c. Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC/DORIS Y. MORGAN and ALFONZO R. MORGAN at 401 Birdneck Circle (GPIN 2417563734) DISTRICT 6- BEACH: a. Variance to Section 4.4(b) of the Subdivision Regulations which requires subdivided lots meet the requirements of the City Zoning Ordinance (CZO) b. Chanze ofZoningfrom A-12 Apartment to R-7.5 Residential c. Conditional Chanze of Zoning from A-12 Apartment to Conditional A-12 Apartment The following condition shall be required.• An AgT^eement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of January, Two Thousand Fifteen January 6, 2015 -73- Item -VII-O.l a/b/c PLANNING Yoting.• 10-0 Council Members YotingAye: - ITEM #64482 (Continued) M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None January 6, 2015 City of Virgirzia Beach ? a OF ?UR NAll VBgOV.COfII WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0053738 January 6, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the applications of Atlantic Development Associates, LLC for two conditional changes of zoning and a variance to section 4.4(b) of the subdivision regulations for property located at 401 Birdneck Circle. 2. The applicant has advised that it has a financial relationship with TowneBank. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- January 6, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, , ?' iiiam D. Se oms Mayor WDS/RRI -74- Item -VII-0.2 PLANNING ITEM #64483 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO FEBRUARY 3, 2015, BY CONSENT, Application of SUL TRANQUILITY LAKES, LLC /WILLIAM DONALD MARTIN, SR. re Modification of Conditions to EXPAND the scope of the pYOject at 5827 Burton Station Road DISTRICT 4- BAYSIDE. Voting: 11-D Coztncil Members Yoting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hainmond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 ? ` }` ? ^ ? City of VirgirZia Beach ?v2 2 2 vq? eF, s ?F OUR NAS VBgOV.COm ROSEMARY WILSON COUNCIL LADY - AT-LARGE In Reply Refer to 0053727 January 6, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I) Dear Mrs. Fraser: PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on SUL Tranquility Lakes, LLC's application for a modification of a conditional use permit for property located at 5827 Burton Station Road. 2. The application identifies Dixon Hughes Goodman as a business providing services with respect to the requested property use. I have a personal interest in this transaction because I receive retirement income from Dixon Hughes Goodman as a result of my late husband's employment by the company. 3. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the application, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- January 6, 2015 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. ilson Councilmember RAW/RRI -75- Item -VII-0.3a/b PLANNING ITEM #64484 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of ENOCH BAPTIST CHiIRCH /GOOD SAMARITAN EPISCOPAL CHIIRCH at 848 Baker Road DISTRICT 2- KEMPSVILLE a. Modification of Conditions to construct a Family Center b. Modi acation of Conditions of a Conditional Use Permit (approved December 16, 1997 and Modified on August 18, 2001, December 16, 2007 and December 21, 2009) to expand the parking lot at 5641 Herbert Moore Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ENOCH BAPTIST CHURCH /GOOD SAMARITAN EPISCOPAL CHURCH at 848 Baker Road (GPIN) (GPIN 1468146032) DISTRICT 2 - KEMPSVILLE a. Modification of Conditions to construct a Family Center The following conditions shall be required: 1. All conditions previously approved by City Council for the parcel identified as 848 Baker Road shall no longer apply. 2. The 3.3726 acre property identified as 848 Baker Road shall be subdivided into two (2) lots substantially as shown on the concept plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014, and prepared by Gallup Surveyors and Engineers, LTD. The following conditions shall apply to the resulting 2.495 acre parcel. The .878 acre parcel identified as "NEYV LOT FOR FAMILYLIFE CENTER is included under the conditions prepared for 5641 Herbert Moore Road. 3. The minimum ten (10) foot parking lot perimeter landscaping requirement shall be met for all proposed parking lot improvements located within seventy (70) feet of the public right-of-way of Herbert Moore Road or Baker Road. 4. All proposed parking lot improvements are required to be made prior to the issuance of a Certificate of Occupancy for the Family Life Center. 5. A Parking Agreement shall be prepared and submitted prior to Site Plan approval. Said Parking Agreement shall arrange for a minimurn of seventy-five (75) parking spaces located on the remaining 2.495 acre site at 848 Baker Road to be available for individuals using the Family Life Center Monday through Friday. January 6, 2015 -76- Item -VII-0.3a/b PLANNING ITEM #64484 (Continued) b. Modifzcation of Conditions of a Conditional Use Permit (approved December 16, 1997 and Modified on August 18, 2001, December 16, 2007 and December 21, 2009) to expand the parking lot at 5641 Herbert MooYe Road The following conditions shall be required: 1. All conditions previously approved by City Council for the properties located at 5641 HerbeYt Moore Road and 848 Baker Road shall no longer apply. 2. This Modification shall apply to the 2.703 acre parcel located at 5641 Herbert Moore Road and the .878 parcel called out at as "NEW LOT FOR FAMILY LIFE CENTER" on the submitted Concept Plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH" dated August 23, 2014, and prepared by Gallup Surveyors and Engineers, LTD. Said properties may be referred to as "the site " in the following conditions. 3. Improvements made to the site shall substantially conform to the Concept Plan titled, "C. U.P EXHIBIT, ENOCH BAPTIST CHURCH, " dated August 1, 2014, and the Concept Plan titled, "GOOD SAMARITAN EPISCOPAL CHURCH, " dated August 23, 2014, both as prepared by Gallup Surveyors and Engineers, LTD 4. The proposed Family Life Center shall substantially conform to the undated conceptual elevations submitted with this application identified by the titles of, "VIEW FROM BAKER ROAD, ""VIEW FROM ENOCH BAPTIST, " VIEW FROMHERBERT MOORE ROAD, " and "BACK OF BUILDING. " Additionally, all points of ingl^ess/egress of the Family Life Center shall have a standing seem metal entrance cover, similar to and less pronounced than those shown on the elevation titled, "VIEW FROM BAKER ROAD ". With the exception of the roof, no metal paneling or siding shall be used as an exterior material. As allowed per Section 221(i) of the City Zoning Ordinance, the proposed improvements may deviate from the Zoning Ordinance requirements for the R-10 Residential District with regard to setbacks, as shown on the conditioned Site Plans referenced in Condition 3. 6 The minimum ten (10) foot parking lot perimeter landscaping requirement called out in Section SA.S of the City Site Plan Ordinance shall be met for all proposed parking lot improvements located within seventy (70) feet of the public right-of- way of HerbeYt Moore Road or Baker Road. The proposed Family Life Center shall have foundation landscaping for one hundred per cent (10001o) of the width of the Northern elevation referred to as "VIEW FROM HERBERT MOORE ROAD" with the exception of points of ingress and egress. Foundation or surrounding landscaping shall be installed around the Family Life Center for substantial portions of each of the remaining faqades. Said landscaping should diminish the perceived height of the Family Life Center and be spaced in concert with the architectural features of each facade. January 6, 2015 -77- Item -VII-0.3a/b PLANNING ITEM #64484 (Continued) 8. With the exception of any requirements of these conditions, or as determined through Site Plan review, landscaping and tree preservation shall substantially conform to the preliminary Landscape Plan titled, "LANDSCAPE PLAN, ENOCH BAPTIST CHURCH, FOR PARKING LOT ADDITION, " dated November 10, 2014, as prepared by Gallup Surveyors and Engineers LTD. As shown on said Plan, no improved parking surface shall be closer than ten (10) feet to the adjacent pYOperties. All trees shown with a dashed drip line are to be preserved. The portion of the Western lot line not included in the preliminary Landscape Plan shall retain the existingfifteen (IS) foot buffer. 9. The two (2) trees called out as "21 " HICKORY, " and "18 " OAK, " shall be preserved. 10. Should signage be placed on the proposed Family Life Center, it shall be limited to the gYOUnd stoYy only. All signage shall be approved by the Zoning Administrator. 11. The Family Life Center shall be used only between the hours of 6: 00 AM and 10: 00 PM. To avoid any parking conflicts, the Family Life Center shall not be used during times of worship at Enoch Baptist Church or Good SamaYitan Episcopal Church. 12. No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketballhennis court). Play on the court shall not occur after dusk. 13. No public parking is allowed on Herbert Moore Road unless it is improved to meet applicable Public Works standards for on-street parking. 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 Sixth day of January, Two Thousand Fifteen Januaty 6, 2015 -78- Item -VII-0.3a/b PLANNING ITEM #64484 (Continued) Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -79- Item -VII-0.4 PLANNING ITEM #64485 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council, APPROVED and PROFFERED, BY CONSENT, Application of 4TH GENERATION HOME BUILDERS, LLC/SARAH F. BARKER for a Change ofZoninQfrom R-40 Residential to Conditional PD-H2 Planned Development [A-12 Apartment DistrictJ re condominiums at 5001 Shell Road DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 4TH GENERATION HOME BUILDERS, LLC/SARAH F. BARKER for a Change ofZoning from R- 40 Residential to Conditional PD-H2 Planned Development [A-12 Apartment DistrictJ re condominiums at 5001 Shell Road (GPIN 1479038850) DISTRICT 4 - BAYSIDE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Sixth day of January, Two Thousand Fifteen Yoting: 11-0 Council Members Poting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -80- Item -VII-O.S PLANNING ITEM #64486 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO JANUARY 20, 2015, BY CONSENT, Applications of AH SANDBRIDGE, LLC re Modi tcation of ProLer No. 3 of a Conditional Change of Zoning (approved June 11, 2013) to delete the child care center and massage parlor from the uses prohibited, thus allowing those uses at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE. Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -81- Item -VII-0.6a PLANNING ITEM #64487 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 208 re portable storage containers for Special Events and Section 4-1 re portable storage containers Voting: I1-0 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 REQUESTED BY COUNCILMAN JOHN UHRIN AN ORDINANCE TO AMEND SECTION 208 OF THE CITY ZONING ORDINANCE PERTAINING TO PORTABLE STORAGE CONTAINERS FOR SPECIAL EVENTS SECTION AMENDED: City Zoning Ordinance § 208 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 208 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 208. - Portable storage containers. Portable storage containers located outside of an enclosed building or structure shall be allowed only as specified in this section and subject to the following regulations: (a) General requirements. The following requirements shall apply to portable storage containers in all districts: (2) No more than one (1) sign having a maximum area of six (6) square feet per sign may be displayed on any portable storage container; (h) Special Event Permits In coniunction with a special event, portable storaqe containers shall be allowed in any zoninq district with a valid special event permit. Such portable storaqe containers shall comply with all requirements of the special event permit Onlv the siqnaqe allowed in accordance with subsection (a)(2) of this section shall be permitted. 40 41 42 43 44 COMMENT These amendments would in conjunction with the amendment to City Code Section 4-1 allow portable storage containers to be used by events with special event permits. The special event permit would need to include time limits, location and numbers for review by staff. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of January , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? ?.. L ? t. ?- 1110 Ci y Attorney's Office 2 CA 1 996/R-5/Decem ber 23, 2014 -82- Item -VII-0.6b PLANNING ITEM #64488 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS REVISED, BY CONSENT, Revised TTersion Ordinance to AMEND the City Zoning Ordinance (CZO): b. Sections I11 and 401 and ADD Section 241 re definition and conditions required for a Recreational Resort Community iroting: I1-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 1 REVISED VERSION 2 3 AN ORDINANCE TO AMEND SECTIONS 111 4 AND 401 AND ADD SECTION 241 OF THE 5 CITY ZONING ORDINANCE PERTAINING TO 6 A DEFINITION AND CONDITIONS 7 REQUIRED FOR A RECREATIONAL 8 RESORT COMMUNITY 9 10 SECTIONS AMENDED: City Zoning Ordinance §§ 111 and 401 11 SECTION ADDED: City Zoning Ordinance § 241 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Sections 111 and 401 of the City Zoning Ordinance are hereby amended 20 and Section 241 is added and reordained to read as follows: 21 22 ARTICLE 1. GENERAL PROVISIONS 23 24 .... 25 26 Sec. 111. Definitions. 27 28 .... 29 30 Public use. Any use conducted by a public agency for a bona fide public purpose 31 on land owned or leased by that agency. 32 33 Recreational Resort Communitv. A communitv with an emqhasis on outdoor 34 recreational activities with seasonal livinq accommodations for tourists and owners. 35 Such communities shall not provide lonq-term permanent housinq or principal 36 residences Accommodations mav consist of any combination of motor homes, 37 recreation vehicles park model trailers manufactured housinq or cottaqes. 38 39 Religious uses. Places of religious worship, such as churches, synagogues, 40 temples, mosques, similar places and their appurtenant uses. 41 42 .... 43 44 COMMENT 45 46 ; This new category of use will allow campgrounds to include more than the movable tents 47 and trailers that are required currently. Many of the "campgrounds" in the City are a mix of these 48 uses instead of the movable variety. This variation became apparent during the FEMA Community 49 Assistance Visit. 50 51 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 52 ALL DISTRICTS 53 54 .... 55 56 Sec. 241. Recreational Resort Community. 57 58 In addition to qeneral requirements a recreational resort communitv shall be 59 subiect to the followinq requirements which shall be deemed to be conditions of the 60 conditional use permit: 61 62 (a) Minimum lot area. The minimum lot area of a recreational resort 63 community shall be ten (10) acres. 64 65 (b) Density. Densitv shall not exceed seven (7) units per acre. 66 67 (c) Parkinq requirements A minimum of one (1) parkinq space shall be 68 provided for everv unit. The use of permeable pavers and a provision for 69 auest parkina is encouraqed. 70 71 (d) Recreational facilities. Not less than ten (10) percent of the developable 72 acreaqe of any recreational resort communitv shall be devoted to common 73 recreational areas and facilities such as playarounds, swimminq pools 74 and communitv buildinqs. Recreational areas shall be so located, 75 desiqned and provided as to minimize traffic hazards to users and adverse 76 effects on surroundinq residential uses and environmental features. 77 78 (e) Sipnaqe One (1) two-sided free standinq monument stvle siqn havinq a 79 maximum of twenty four (24) square feet per side is permitted per 80 entrance No such siqn shall be closer than one hundred (100) feet to 81 another such siqn In addition anv common buildinq mav be identified 82 with one (1) siqn havinq a maximum of twentv (20) square feet. 83 84 (f) Sewer system. The communitv shall be connected to the public sewer 85 s sy tem• 86 87 (q) Applications Applications for conditional use permits for a recreational 88 resort communitv shall include in addition to the information required by 89 section 221 of this ordinance, the followinq: 90 91 (1) A site plan showinq the community layout, includinq where 92 applicable: number of units parkinq spaces, recreational amenities, open 93 space pedestrian walkwavs and trails boaf slips/iifts and any accessory 94 structures; and 95 96 (2) Architectural elevations and description of housinq unit tvpes that 97 will be allowed includinq minimum and maximum size permitted per tvpe, 98 maximum buildinq heiqht foundation tvpes buildinq materials and colors; 99 and 100 101 (3) Description of anv nonresidential uses that are proposed, includinq 102 a description of recreational amenities storaqe areas or maintenance 103 facilities; and 104 105 (4) Description of how water will be provided; and 106 107 (5) Description of anv qreen development features such as permeable 108 pavers native plant landscapinq reduced street lenqths and pavement 109 width bio-retention islands shared parkinq, veqetated swales in lieu of 110 curb and qutter or other features of development intended to enhance 111 environmental qualitv; and 112 113 (6) Desiqnate anv natural veqetation or other natural features on the 114 site that will be preserved. Provide a qeneral landscape plan and a tree 115 preservation plan; and 116 117 (7) For qated communities, describe how access will be provided for 118 emerqencv vehicles. 119 120 COMMENT 121 122 The requirements of recreational resort communities include providing proof of the 123 recreational amenities, layout, environmental features and utility services. 124 125 ARTICLE 4. AGRICULTURAL DISTRICTS 126 127 .... 128 129 Sec. 401. Use regulations. 130 131 (a) Principa/ and conditional uses. The following chart lists those uses 132 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and 133 structures in the respective agricultural districts shall be permitted as 134 either principal uses indicated by a"P" or as conditional uses indicated by 135 a"C." Uses and structures indicated by an "X" shall be prohibited in the 136 respective districts. No uses or structures other than as specified shall be 137 permitted. 138 139 140 141 3 . . Use ';AG-1 AG-2 Recreational Resort Communitv -- C 142 143 144 COMMENT 145 146 Recreational Resort Community would be allowed in the Agricultural Zoning Districts as a 147 CondiNonal Use. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day Of January , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pla I ning Depart ment CA13126 R-7 December 31, 2014 City ttorney s O ice 4 -83- Item -VII-0.6c PLANNING ITEM #64489 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFFERED TO JANUARY 20,2015, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO): c. Section 502 Ye setbacks adjacent to the Atlantic Ocean in the R-SR Zoning District Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -84- ITEM VII-P APPOINTMENTS ITEM #64490 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SER VICES BOARD PERSONNEL BOARD TRANSITIONAREA/ITA CITIZENS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -85- ITEM VII-P APPOINTMENTS ITEM #64491 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: BRYAN CUFFEE WILLIAMD. SESSOMS, JR., MAYOR DOROTHY WOOD One year term 011011201 S-12/31/201 S HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -86- ITEM VII-P APPOINTMENTS ITEM #64492 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: RONALD TAYLOR Unexpired term thru 0313112017 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Yoting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 6, 2015 -87- ITEM VII-P APPOINTMENTS ITEM #64493 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: JOHN D. WALL Four year term 011011201 S-12/31/2018 PLANNING COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary. Wilson and James L. Wood Council Members Absent: None January 6, 2015 I Item -VII-S ADJOURNMENT -88- ITEM #64494 Mayor William D. Sessoms, Jr., DECLARED the City Council MeetingADJOURNED at 6:17P.M. ,a) / "An IL, ? ??' Amanda Finley-Barne MC Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 6, 2015 -88- Item -VII-S ADJOURNMENT ITEM #64494 Mayor William D. Sessoms, Jr., DECLARED the Ciry Council MeetingADJOURNED at 6:I7P.M. ? anda Finley-B rnes, MC Chief Deputy City Clerk L-- th Hodges ?Fraser, MMC City Clerk Ciry of Virginia Beach Virginia . lWiiam D. es oms, Jr. Mayor January 6, 2015