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MAY 3, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G1NlAEAC MAYOR WILLIAM D SESSOMS,JR.,At-Large J�4 �" *> L� VICE MAYOR LOUIS R.JONES,Bayside-District 4 Al.BENJAMIN DAVENPORT At Large t0110 ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne—District 7 J a SHANNON DS KALE,Rose Hall—District 3 .F + / ':� JOHN D-MOSS,At Large � • �'` AMELIA ROSS HAMMOND,Kempsville-District 2 JOHN E-UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large JAMES I, WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER DAVID L.HANSEN PHONE:(757)385-4303 ('ITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5669 CITY ASSESSOR JERALD D.BANAGAN 0117 A(101701? LYNDON S.REMIAS 3 May 2016 E-MAIL:Ctycncl@vbgov.com (717(JERK RUTHHODGESERASER,MMC y MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL RECONCILIATION - Conference Room - 4:00 PM a. FY 2016-17 RESOURCE MANAGEMENT PLAN (Budget) II. CITY MANAGER'S BRIEFINGS a. Southeastern Public Service Authority - Use and Support Agreement David L. Hansen, City Manager b. Pending Planning Items Kevin Kemp, Planning III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION I 1 II I VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor Kevin Milcarek Back Bay Christian Assembly C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY—Interfacility Traffic Area Conveyance of Restrictive Easements 2285 Landstown Road 3521 Indian River Road 2356 Salem Road 3685 Indian River Road 2. LEASE OF CITY-OWNED PROPERTY 3rd Street and Atlantic Avenue 3. PURCHASE AGREEMENT FOR THE ACQUISITION OF ARP 1620 Princess Anne Road 4. FRANCHISE OF CITY PROPERTY Lifeguard Stands and Storage Boxes H.ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 1-3 of the Stormwater Management Ordinance (Appendix D) re definition of"Agreement in Lieu of a Storm Water Management Plan" 2. Ordinance to AMEND the Town Center Special Service District (SSD) Fund re ADD Parking and Open Air Café Franchise Revenues generated within the SSD 3. 25th Street and the Boardwalk: a. Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Intruder Assocation and the Hampton Roads Squadron, the Association of Naval Aviation, Inc., re the Construction, Dedication and Maintenance of the Intruder Tribute Monument b. Resolution to DEFINE the area of the Norwegian Lady Plaza 4. Ordinance to AUTHORIZE the City Manager to execute and extend the Encroachment Partnering Agreement with the Department of the Navy re acquisition of properties surrounding Naval Air Station Oceana(NAS) 5. Ordinance to DECLARE restrictive easements over four (4) City-owned properties in the Interfacility Traffic Area (ITA)to be EXCESS property and AUTHORIZE the City Manager to convey the properties to the United States of America, Department of the Navy (USN) 6. Resolution to AUTHORIZE and DIRECT the City Manager to designate the City Employees responsible for the administration and enforcement of the Sign Regulations set forth in Chapters 3 and 33 of the City Code (Requested by Councilman Moss) 7. Resolution to AUTHORIZE and DIRECT the Beaches and Waterways Commission to ADD to its study of Event House Rentals,the impact of housing rentals booked through Airbnb and other peer-to-peer rentals and to OBTAIN input from members of other Boards and Commissions and report findings to City Council 8. Resolutions to AUTHORIZE re Water and Sewer Bonds: a. Refunding Bonds, Series of 2016, not to exceed $105,000-Million b. Eleventh Supplemental Master Water and Sewer Revenue Bond Resolution of February 11, 1992 9. Ordinance to AUTHORIZE the City Manager to excecute a four (4) month lease for the next four (4) Summers for parking with the Dolphin Run Condominium Association, Inc. at 3rd Street and Atlantic Avenue 10. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement at 1620 Princess Anne Road owned by 1907, LLC (DISTRICT 7—PRINCESS ANNE) 11. Ordinances to GRANT Franchise Agreements: a. Strategic Art Solutions, LLC re decoration of Lifeguard Stands and Storage Boxes in the Resort and other areas b. Old Beach Farmers Market, Eco Maniac Company, Inc., (dba Old Beach Green Market) and Old Beach Art Market re: Open Air Markets in the Public right-of-way at 600 19th Street 12. Ordinance to TRANSFER $1,809,133 within the FY2015-16 School Operating Budget and the Green Run Collegiate Charter School Fund • $ 32,000 from Instruction to Administration • $145,000 from Instruction to Transportation • $ 1,500 from Instruction to Operations and Maintenance • $742,244 from Instruction to Techonology • $ 3,750 from Administration to Technology • $ 51,584 from Transportation to Operations and Maintenance • $ 25,000 from Operations and Maintenance to Instruction • $759,958 from Operations and Maintenance to Technology • $ 21,461 from Technology to Instruction • $ 8,636 from Technology to Operations and Maintenance • $ 18,000 from Green Run Collegiate Fund—Instruction to Technology 13. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from Landmark Foundation to Public Health re the second of three (3) years to continue the Baby Care Program b. $3,000 from GEICO to Police re the Every 15 Minutes Program I. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BUILDING CODE BOARD OF APPEALS —Plumbing & Mechanical HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS L. 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 ****************************** 5/3/16st MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL RECONCILIATION - Conference Room - 4:00 PM a. FY 2016-17 RESOURCE MANAGEMENT PLAN (Budget) II. CITY MANAGER'S BRIEFINGS a. Southeastern Public Service Authority - Use and Support Agreement David L. Hansen, City Manager b. Pending Planning Items Kevin Kemp, Planning III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW I II VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor Kevin Milcarek Back Bay Christian Assembly C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY—Interfacility Traffic Area Conveyance of Restrictive Easements 2285 Landstown Road 3521 Indian River Road 2356 Salem Road 3685 Indian River Road 2. LEASE OF CITY-OWNED PROPERTY 3rd Street and Atlantic Avenue 3. PURCHASE AGREEMENT FOR THE ACQUISITION OF ARP 1620 Princess Anne Road 4. FRANCHISE OF CITY PROPERTY Lifeguard Stands and Storage Boxes ffo,`�tN `� PUBLIC HEARING SALE OF EASEMENT OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of restrictive easements to the United States Navy over City-owned properties in the Interfacility Traffic Area(ITA),Tuesday,May 3,2016 at 6:00 p.m.,in the Council Chambers of the City Hall Building (Building #1) Municipal Center, Virginia Beach, Virginia. The properties to be subject to the easement are(by location,GPIN,approximate size): Former Bell property, 2285 Landstown Road, 1484-84- 1996 & 1484-94-8243 (Acreage: approximately 69.69±Acres) Former Lee property, 3521 Indian River Road, 1483-37- 4159 (Acreage: approximately 27.17 Acres) Former Piney Grove Baptist Church property, 2356 Salem Road, 1484-24-3586 (Acreage: approximately 12.37 Acres) Former Chesapeake Land Development, LLC property, 3685 Indian River Road, 1483-17-4398 (Acreage: approximately 11.09 Acres) This hearing will be to obtain public input to determine whether these easements restricting uses should be declared "excess of the City's needs." If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Municipal Building#2,Room 392,(757)385- 4161. Ruth Hodges Fraser,MMC City Clerk BEACON:APRIL 24,2016 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday,May 3,2016 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following parcel: Approximately 0.09 acres of land located at 3'd Street and Atlantic Avenue (G P I N: 2427-32-0138). If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 386-4303: Hearing Impaired, call TDD 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. IARuth Hodges Eras, ,, y • lerk Beacon:APRIL 24,2016 _t...,„0.,..„..a.,„.ini., 4,„ NOTICE OF PUBLIC HEARING HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 62.45 acres of land located at 1620 Princess Anne Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No.95-2319,as amended,known as the Agricultural Lands Preservation Ordinance,which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland,(b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and(e)assist in shaping the character,direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $1,011,690. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjourned,will be held by the City Council on Tuesday,May 3,2016,at 6:00 p.m.in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach,Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fr'- 'MC t' -rk BEACON: APRIL 17&24,2016 I I r*‘, 9C� fcr4yy Ems" ..'r47 7 i� .5! PUBLIC NOTICE CITY OF VIRGINIA BEACH FRANCHISE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 p.m. on Tuesday, May 3, 2016, in the City Council Chamber regarding a proposed franchise. As proposed, the franchisee will decorate various lifeguard stands and wooden storage boxes along the sandy beach in the Resort Area and may include portions of the sandy beach to include the North End,57°'Street Beach,Croatan, and Sandbridge. The purpose of the hearing is to obtain public comment on the proposed franchise. A copy of the full text of the ordinance and summary of the proposed franchise agreement are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building at 2401 Courthouse Drive, Virginia Beach, Virginia. Any questions concerning the above-referenced franchise should be directed to. Mike Eason,SGA/Resort Management Office, by calling (757)385 4800. Ruth Hodges F MC C Clerk BEACON:April 17&24,2016 H.ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 1-3 of the Stormwater Management Ordinance (Appendix D) re definition of"Agreement in Lieu of a Storm Water Management Plan" 2. Ordinance to AMEND the Town Center Special Service District (SSD) Fund re ADD Parking and Open Air Café Franchise Revenues generated within the SSD 3. 25`" Street and the Boardwalk: a. Ordinance to AUTHORIZE the City Manager to execute an Agreement with the Intruder Assocation and the Hampton Roads Squadron, the Association of Naval Aviation, Inc., re the Construction, Dedication and Maintenance of the Intruder Tribute Monument b. Resolution to DEFINE the area of the Norwegian Lady Plaza 4. Ordinance to AUTHORIZE the City Manager to execute and extend the Encroachment Partnering Agreement with the Department of the Navy re acquisition of properties surrounding Naval Air Station Oceana (NAS) 5. Ordinance to DECLARE restrictive easements over four (4) City-owned properties in the Interfacility Traffic Area (ITA) to be EXCESS property and AUTHORIZE the City Manager to convey the properties to the United States of America, Department of the Navy (USN) 6. Resolution to AUTHORIZE and DIRECT the City Manager to designate the City Employees responsible for the administration and enforcement of the Sign Regulations set forth in Chapters 3 and 33 of the City Code (Requested by Councilman Moss) 7. Resolution to AUTHORIZE and DIRECT the Beaches and Waterways Commission to ADD to its study of Event House Rentals,the impact of housing rentals booked through Airbnb and other peer-to-peer rentals and to OBTAIN input from members of other Boards and Commissions and report findings to City Council 8. Resolutions to AUTHORIZE re Water and Sewer Bonds: a. Refunding Bonds, Series of 2016, not to exceed $105,000-Million b. Eleventh Supplemental Master Water and Sewer Revenue Bond Resolution of February 11, 1992 9. Ordinance to AUTHORIZE the City Manager to excecute a four(4) month lease for the next four (4) Summers for parking with the Dolphin Run Condominium Association, Inc. at 3`d Street and Atlantic Avenue 10. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement at 1620 Princess Anne Road owned by 1907, LLC (DISTRICT 7—PRINCESS ANNE) 11. Ordinances to GRANT Franchise Agreements: a. Strategic Art Solutions, LLC re decoration of Lifeguard Stands and Storage Boxes in the Resort and other areas b. Old Beach Farmers Market, Eco Maniac Company, Inc., (dba Old Beach Green Market) and Old Beach Art Market re: Open Air Markets in the Public right-of-way at 600 19th Street 12. Ordinance to TRANSFER $1,809,133 within the FY2015-16 School Operating Budget and the Green Run Collegiate Charter School Fund • $ 32,000 from Instruction to Administration • $145,000 from Instruction to Transportation • $ 1,500 from Instruction to Operations and Maintenance • $742,244 from Instruction to Techonology • $ 3,750 from Administration to Technology • $ 51,584 from Transportation to Operations and Maintenance • $ 25,000 from Operations and Maintenance to Instruction • $759,958 from Operations and Maintenance to Technology • $ 21,461 from Technology to Instruction • $ 8,636 from Technology to Operations and Maintenance • $ 18,000 from Green Run Collegiate Fund—Instruction to Technology 13. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from Landmark Foundation to Public Health re the second of three (3) years to continue the Baby Care Program b. $3,000 from GEICO to Police re the Every 15 Minutes Program I II ,..., 's,Or,,,,,,,,,,...„.„ ,,,z............„4 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Section 1-3 of the Stormwater Management Ordinance (Appendix D) pertaining to the definition of Agreements in Lieu of a Stormwater Management Plan MEETING DATE: May 3, 2016 • Background: The Stormwater Management Ordinance (Appendix D of the City Code) allows the use of an `agreement in lieu of a stormwater management plan' for single- family construction. Section 1-3 of the ordinance states that such an `agreement' consists of a contract between the Virginia Stormwater Management Program (VSMP) authority (the City) and the developer or permittee that specifies methods that shall be implemented to comply with the requirements of the VSMP for the construction of a single-family residence. The `contract' may be executed by the City in lieu of a stormwater management plan. • Considerations: As currently worded, the definition of an `agreement in lieu of a stormwater management plan' applies to only single-family construction. There is no provision for the demolition of a single-family dwelling. Accordingly, the demolition of a single-family dwelling requires a stormwater management plan meeting the requirements of Section 1-6 of the ordinance. The use of an `agreement in lieu of a stormwater management plan' is not an option. The proposed amendment will allow the opportunity for both the demolition and the construction of a single-family dwelling to use an `agreement in lieu of a stormwater management plan.' This will reduce the cost and review time associated with the demolition of a single-family dwelling. • Attachments: Ordinance Recommended Action: Approval Submitting De• - m- • Agency: Planning Departme 4 City Manager. 11.-4.8, Zj �. +.��,x�l Ol S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend ORD #2699B Regarding the Town Center Special Service District Fund to Add Parking and Open Air Café Franchise Revenues MEETING DATE: May 3, 2016 • Background: City Council established the Town Center Special Service District Fund, by ordinance adopted in May 2002, to provide an enhanced level of services at Town Center. Ordinance 2699B established a fund for the deposit of taxes from an additional real estate tax levy — a SSD levy — on all property owners within the district. These revenues are used to fund routine operation and maintenance of the parking garages as well as other services such as trash collections and landscaping. However, there are other revenues generated by parking leases, parking citations, and open air café franchises within the boundaries of the SSD that were not described in the ordinance establishing the SSD. As Town Center continues to grow and develop, these other non-real estate tax revenues will grow and ought to be captured in the SSD Fund. • Considerations: These additional non-real estate tax revenues may provide funding for the ongoing costs of services for Town Center. However, since these sources were not identified in the original ordinance, these revenue sources are not deposited in the SSD Fund. By adding these additional revenues sources, the budget can include more revenue sources generated at Town Center to pay for services performed at Town Center. It should be noted these revenue sources are not new and have been in place since 2002. One additional consideration is the parking citation revenue currently is dedicated to the Tourism Investment Program (TIP), which was previously part of the dedication to the Tourism Growth Investment Fund, adopted February 2, 1993. By dedicating the Town Center portion of parking citation revenue to the SSD, there will be a redirection of funds from the TIP to the SSD Fund. The FY 2014-15 parking ticket revenue in Town Center totaled $1,630, so City staff does not believe moving the parking ticket revenue will materially affect the ability of the TIP Fund to meet its obligations or programmatic purposes. • Public Information: Public information will be provided through the normal agenda process. • Recommendations: Adopt the attached modification to the SSD Ordinance. • Attachments: Ordinance; ORD 2699B Recommended Action: Approval Submitting De• • - - . gency: Strategic Growth Area Office City Manager 1 AN ORDINANCE TO AMEND ORD #2699B 2 REGARDING THE TOWN CENTER SPECIAL 3 SERVICE DISTRICT FUND TO ADD PARKING 4 AND OPEN AIR CAFE FRANCHISE REVENUES 5 6 WHEREAS, the City Council established the Town Center Special Services 7 District on May 14, 2002 by ordinance, #ORD-2699B (the "SSD Ordinance"), attached 8 hereto as Exhibit A; and 9 10 WHEREAS, the SSD Ordinance requires all additional taxes generated by the 11 Special Services District levy to be deposited into the Town Center SSD Special 12 Revenue Fund (the "Special Revenue Fund"); and 13 14 WHEREAS, the SSD Ordinance authorizes the expenditure of moneys within the 15 Special Revenue Fund for the operation and maintenance of public parking garages 16 and services related to such facilities; and 17 18 WHEREAS, the SSD Ordinance does not directly address revenues generated 19 by parking citations, parking leases, and open air café franchises within the boundaries 20 of the Town Center Special Services District (the "District"); and 21 22 WHEREAS, in 1993, the City Council dedicated city-wide parking citation 23 revenue to the Tourism Growth Investment Fund, which was subsequently moved to the 24 Tourism Investment Program; and 25 26 WHEREAS, to align revenues with expenses, the City staff recommends 27 depositing parking citation, parking lease and open air café franchise revenue into the 28 Special Revenue Fund; 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA, THAT: 32 33 Section 7 of Ordinance # 2699B is hereby amended to add the following: 34 "Revenues related to parking leases, parking citations, and open air café franchises 35 within the boundaries of the District shall be deposited in the Special Revenue Fund." 36 37 BE IT FURTHER ORDAINED THAT: 38 39 This Ordinance supersedes the City Council dedication of parking citation 40 revenue only to the extent that such parking citation revenue occurs within the 41 boundaries of the District. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ( Strate•'- Growth Area Office Economic Development APPROVED AS TO LEGAL SUFFICIENCY: City AttorrTy' Office CA13581 R-2 April 7, 2016 II ' ORD 1 AN ORDINANCE CREATING THE TOWN 2 CENTER SPECIAL SERVICE DISTRICT 3 WHEREAS, the City of Virginia Beach (the "City") has 4 undertaken a program to develop infrastructure and construct public 5 facilities and other municipal improvements in the southern part of 6 the Pembroke area of the City, to facilitate the development of a 7 Central Business District in the City and thus promote commerce and 8 the prosperity of the citizens of Virginia Beach; 9 WHEREAS, in furtherance of that goal, the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, 11 L.L.C. (the "Developer") are parties to a Development Agreement dated 12 as of March 6, 2000, as amended (the "Development Agreement") , for 13 the development of a mixed use commercial project known as "The Town 14 Center of Virginia Beach" located in the southern part of the 15 Pembroke area of the City (the "Project") ; 16 WHEREAS, in connection with the first phase of the Project, the 17 Authority has agreed to purchase an approximately 1,338 space parking 18 structure from the Developer to provide public parking in the Project 19 area; WHEREAS, as part of the undertaking of the Project, the City 21 Council desires to provide additional, more complete and more 22 timely services to the public parking garage, the streets and 23 sidewalks, and other public facilities and areas in the Project 24 than those services desired in the City as a whole, by designating 25 a service district as provided by Code of Virginia § 15.2-2400; 26 WHEREAS, pursuant to Code of Virginia § 15.2-2400, the 27 City Council held a public hearing on May 14, 2002, on the creation 28 of the District; 29 WHEREAS, pursuant to the authority and empowerment set forth 7 in the Code of Virginia § 15.2-2400, et seq., the City Council has 31 determined that it would be in the best interests of the City and 32 its citizens to create a service district to provide additional, 33 more complete and more timely services to the public facilities and 34 areas in the Project area, including public parking, than those 35 services desired in the City as a whole; and 36 WHEREAS, over fifty percent of the property owners who own 37 more than fifty percent of the property in the proposed special 38 service district have requested enhanced maintenance and upkeep of 39 streets in the district. 40 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 1. Creation of District. A service district known as the 43 Town Center Special Service District (the "District") is hereby 44 created pursuant to Code of Virginia § 15.2-2400 and designated as 45 such. 46 2. Boundaries of District. The District is bounded to the 47 north by Virginia Beach Boulevard, to the east by Constitution 48 Drive, to the west by the proposed Central Park Avenue to its 49 intersection with the proposed Main Street, then moving east along 50 Main Street to the proposed Town Center Drive, then moving south on 1 the proposed Town Center Drive to its intersection with Columbus 52 Street, then moving east along Columbus Street to its intersection 53 with Constitution Drive, all as more particularly depicted on the 54 attached map labeled as "Exhibit A". 55 3. Purpose; Facilities and Services Provided Within District. 56 The District is created for the purpose of providing financing for 57 additional, more complete and more timely governmental services to 58 public facilities and areas in the District. Toward that end, there 59 shall be provided within the District those facilities and services 60 necessary or desirable to accomplish the purpose of the service -til district, including, without limitation, administrative, engineering 62 and other professional services, enhanced maintenance and cleaning of 2 63 public streets and sidewalks, more frequent garbage removal and e4 disposal, enhanced lighting, additional beautification and 65 landscaping for the public places, extra security, public parking, 66 and such other equipment and facilities as may, from time to time, be 67 needed to accomplish the purpose of the service district. 68 4. Proposed Plan for Providing Services Within District. The 69 plan is to accumulate dedicated revenue to fund (i) the operation and 70 maintenance of the public parking garage and (ii) an enhanced level 71 of public services in the District that will include, without 72 limitation, additional maintenance and cleaning of public streets and 73 sidewalks, more frequent garbage removal and disposal, enhanced 4 lighting, additional beautification and landscaping for the public 75 places, and extra security. The level of the enhanced public 76 services actually provided will be governed by the amount of 77 additional taxes levied in the District. 78 5. Benefits to be Expected to be Realized From Enhanced 79 Services. The City expects, through the provision of additional, 80 more complete and more timely services in the District, that the 81 citizens of Virginia Beach will be benefitted by the attractive, 82 inviting public space, along with public parking, that will promote 83 commerce and prosperity in the Central Business District, which will, 4 in turn, generate increased taxes and other City revenues. 85 6. Powers. The City Council shall have all powers set forth 86 in Code of Virginia § 15.2-2403 with respect to the District. 87 7. Establishment of Special Revenue Fund; Use of Funds. The 88 City Manager shall cause to be established a Town Center Service 89 District Special Revenue Fund (the "Special Revenue Fund") to account 90 for revenues realized from additional taxes imposed in the District 91 and for expenditures related to operating and maintaining the public 92 parking garage and providing additional, more complete and more 93 timely services, along with all necessary facilities, in the public '4 areas located within the District than desired in the City as a 95 whole. All funds received that are related to the Special Revenue 3 96 Fund shall be annually appropriated for purposes consistent with term 37 of this ordinance, and, beginning July 1, 2002, the City Manager will 98 cause the Special Revenue Fund to be budgeted in the operating 99 budget. All taxes levied and collected pursuant to this chapter 100 within the District shall be segregated and only used to pay, either 101 in whole or part, the expenses and charges for providing and services 102 within the District as described in this ordinance. No additional tax 103 shall be levied for or used to pay for schools, police or general 104 government services not authorized by Code of Virginia § 15.2-2403. 105 8. Levy of Additional Taxes. Pursuant to the authority 106 contained in Code of Virginia § 15.2-2403, the city council may levy 7 and provide for the collection of additional taxes within the 108 District to fund the City's obligations to pay, either in whole or 109 part, the expenses and charges for providing and maintaining services 110 and necessary facilities in the service district as described in this 111 ordinance. Such additional taxes may include an annual tax upon any 112 property in the service district which is subject to local taxation. 113 9. Transmittal, Public Inspection and Filing of Ordinance. 114 (a) The City Clerk is directed to immediately send a copy 115 of this ordinance to the Real Estate Assessor and the Director of 116 Finance. 7 (b) The City Clerk is directed to make a copy of this 118 Ordinance continuously available for inspection by the general public 119 during normal business hours at the City Clerk's office from the date 120 of adoption hereof. 121 (c) The City Clerk, in collaboration with the City 122 Attorney, is authorized and directed to immediately file a certified 123 copy of this ordinance with the Circuit Court of the City of Virginia 124 Beach. 125 10. Effective Date. This ordinance shall be effective July 1, 2002. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of May , 2002. 4 CA8393 F:\Data\Noncode\towncenterphl.ord4.wpd R-2 May 3, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,c))0-A 0 Management Services City Attotere ' s d fice 5 I II EXHIBIT A The Town Center of Virginia Beach Proposed Special Service District a moi.It_�. ::�S; }.„r' .YhL.]= -111111111111111111111.1111111111111.11111111 _ _ _ _ spi,e ..?.....,,,, ,, , L, did, . ii,„ climb .g it,jR1k. 4� . p yo .nrnh1Il IIllII TT11'�Iii Ii1 �--� 1��I !. . -5 z '� ' 1 r , s" �• 1 �U 1111fl *11111 ----J W 0 •t iitt. �a*• .; / Da 1 G. f 1;74 4.11 �} '' at-111111RO ti, 1 .o_. dy'irt ilEh1 ; . l ' • • :: 11 1111111i * : I, I [)-1 111111 1 1 i\, t *FF1}} ii111111—f : ' \,=} O}-ii- -0-111111 1, 1 it 1a COLUMB I "M' '�� 8 Boundaries of the Proposed Special Service District M i a H BE,gC1 ` eirV r -r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (1) Ordinance Authorizing the City Manager to Execute an Agreement between the City of Virginia Beach, The Intruder Association, and the Hampton Roads Squadron, The Association of Naval Aviation, Inc. for the Construction, Dedication and Maintenance of the Intruder Tribute Monument to be Installed at 25th Street and the Boardwalk, and Authorizing the City Manager to Accept Donation of the Monument (2) Resolution Regarding the Norwegian Lady Plaza MEETING DATE: May 3, 2016 • Background: The Intruder Association is a nonprofit 501(c)(19) organization ("IA") that has proposed to construct and dedicate a memorial for placement adjacent to the Naval Aviation Monument at 25th Street and the Boardwalk ("Premises"). The Intruder Monument will tell the story of the venerable A-6 Intruder, the aviators who flew the aircraft and those who maintained the aircraft. The A-6 represents an important part of Virginia Beach aviation history. The Intruder first launched from Naval Air Station Oceana in 1960 and continued to serve until 1996. The Intruder was the Navy's principal carrier-based attack aircraft and played important roles in Vietnam, the Cold War, Grenada, Lebanon, Libya, and the First Gulf War. An agreement has been proposed between the City, IA, and the Hampton Roads Squadron, The Association of Naval Aviation, Inc. ("HRS") to provide for the construction, dedication, and maintenance of the Intruder Monument ("Agreement"). As provided in the Agreement, IA will construct and install the Intruder Monument, which will consist of a three-inch powder-coated tubular steel frame covered by four laser- etched black granite panels. HRS will be responsible, at its sole cost, for maintenance and capital repairs to the Intruder Monument. The City will be responsible for removing existing landscaping at the Premises and installing pavers, refilling pre-cast curbing, and removing one outlet and two irrigation heads to facilitate installation of the monument. The attached Exhibit A depicts the proposed location of the Intruder Monument. The Virginia Beach Arts and Humanities Commission supports City acceptance of the Intruder Monument. The proposed location of the Intruder Monument is on the Premises, adjacent to the Norwegian Lady statue. The attached Norwegian Lady Plaza resolution provides that after installation of the Intruder Monument and a proposed Navy SEAL monument in the future, the policy of the City shall be that no additional statues, monuments or structures will be placed on the Premises between the eastern edge (planter) of the existing Naval Aviation Monument and the Boardwalk. The resolution also states that the Norwegian Lady statue will not be moved by the City in the future and will remain in its present location in perpetuity. I 11 • Considerations: The Agreement addresses the construction, dedication, and maintenance of the Intruder Monument. • Public Information: Advertisement on City Council Agenda. • Attachments: Ordinance, Resolution, Summary of Terms of Agreement, Renderings of monument, Site plan. Recommended Action: Approval Submitting Dep. . . eau,- •ency: Office of Cultural Affairs City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AGREEMENT BETWEEN THE CITY OF 3 VIRGINIA BEACH, THE INTRUDER ASSOCIATION, AND 4 THE HAMPTON ROADS SQUADRON, THE ASSOCIATION 5 OF NAVAL AVIATION, INC. FOR THE CONSTRUCTION, 6 DEDICATION AND MAINTENANCE OF THE INTRUDER 7 TRIBUTE MONUMENT TO BE INSTALLED AT 25TH 8 STREET AND THE BOARDWALK, AND AUTHORIZING 9 THE CITY MANAGER TO ACCEPT DONATION OF THE 10 MONUMENT 11 12 WHEREAS, the Intruder Association is a nonprofit 501(c )(19) organization ("IA") 13 that has proposed to construct and dedicate a memorial for placement on City property 14 adjacent to the Naval Aviation Monument at 25th Street and the Boardwalk ("Premises"); 15 and 16 17 WHEREAS, the Intruder Monument will tell the story of the venerable A-6 18 Intruder, the aviators who flew the aircraft and those who maintained the aircraft; and 19 20 WHEREAS, the A-6 represents an important part of Virginia Beach aviation 21 history and was launched from Naval Air Station Oceana in 1960 and continued to 22 serve until 1996; and 23 24 WHEREAS, the Intruder was the Navy's principal carrier-based attack aircraft 25 and played important roles in Vietnam, the Cold War, Grenada, Lebanon, Libya, and the 26 First Gulf War; and 27 28 WHEREAS, an agreement has been proposed between the City, IA, and the 29 Hampton Roads Squadron, The Association of Naval Aviation, Inc. ("HRS") to provide 30 for the construction, dedication, and maintenance of the Intruder Monument 31 ("Agreement"); and 32 33 WHEREAS, IA, at its sole cost, will construct and install the Intruder Monument, 34 which will consist of a three-inch powder-coated tubular steel frame covered by four 35 laser-etched black granite panels; and 36 37 WHEREAS, HRS will be responsible, at its sole cost, for maintenance and capital 38 repairs to the Intruder Monument; and 39 40 WHEREAS, the City will be responsible for removing existing landscaping at the 41 Premises and installing pavers, refilling pre-cast curbing, and removing one outlet and 42 two irrigation heads; and 43 44 WHEREAS, upon final completion of the Intruder Monument and written 45 acceptance thereof by the City, the Intruder Monument shall be dedicated to the City as 46 of the date of the City's written acceptance thereof, and the Intruder Monument shall be 47 the sole property of the City. 48 49 WHEREAS, when completed, the Intruder Monument will educate the public on 50 the vital role of the A-6 in Naval aviation history and will memorialize those who gave 51 their lives in flight; and 52 53 WHEREAS, the Virginia Beach Arts and Humanities Commission has endorsed 54 the Intruder Monument. 55 56 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 57 VIRGINIA BEACH, VIRGINIA, THAT: 58 59 1. The City Manager is hereby authorized to execute an Agreement between the 60 City, IA, and HRS for the construction, dedication and maintenance of the 61 Intruder Monument to be installed at 25th Street and the boardwalk. 62 63 2. The City Manager is hereby authorized to accept, in writing, the Intruder 64 Monument upon final completion of the monument. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41,T1Att, [4:490aAr— — ,erAtea� Office of Cultural Affairs City Attorney's's Office CA13730 R-2 April 20, 2016 SUMMARY OF TERMS AGREEMENT PARTIES: 1) INTRUDER ASSOCIATION ("IA") 2) HAMPTON ROADS SQUADRON, THE ASSOCATION OF NAVAL AVIATION, INC. ("HRS") 3) CITY OF VIRGINIA BEACH ("City") PURPOSE: Construction, dedication and maintenance of the Intruder Monument on City-owned property located at 25th Street and the Boardwalk ("Premises"). The Intruder Monument will tell the story of the A-6 Intruder and the aviators who flew the A-6 Intruder. TERMS: At its sole expense, IA will design, or cause to be designed, plans for the Intruder Monument and will construct the Intruder Monument. IA and its contractors and subcontractors are required to have insurance at all times during construction. IA will indemnify and hold harmless the City for any actions or omissions on the part of IA or any of its agents, contractors, subcontractors, and employees. The City will perform the following work on the Premises: (1) remove the four agreed-upon planters; (2) install pavers to match the existing pavers; (3) refill pre-cast curbing; and (4) remove one 110 volt outlet and two irrigation heads. The Agreement provides for the dedication of the Intruder Monument after completion and written acceptance by the City. At that time, the Intruder Monument shall be the sole property of the City. After dedication, HRS will be responsible, at its sole cost and expense, for maintenance and capital repairs to the Intruder Monument. None of the parties have any obligation to rebuild or replace the Intruder Monument in the event of an act of God, war, invasion, hostilities, vandalism, terrorist activities, or any other act or event that destroys or results in the destruction of the monument. The City will have the sole discretion to rebuild the Intruder Monument in the event of destruction, and will be solely responsible for the costs of any such rebuilding. The Agreement contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of the parties to assign the agreement. 4 INTRUDER TRIBUTE DESIGN , , . ... . ... , ,.. ,, .. .- ,0' .....„ digivQ, . r.,,.::: ... . . . .....„6„. .,..... ei,_ ---iis , ,, -Aiii .4-,-- .-----• x (--Th V. ,. ... ... . „,,,, .',:f .440•41 Ili i-.Ft I t\J .rf.i. —. (*.-='.., -.E;...-..‘•.:...,,.Li r:t's Ni.1.; * '...*.i= . ., amp --- (I , , twt , N '......;:, ;•,.. .., , . . , . . .....______... ._. .............. . _ _. .. _ . , .. ........ _ _. ... , .. ..ii444-4,cisToittmoilt.v. - , iarawaronams=mairatotrteiftw„: .„ ... . 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I _ I — T . — _ _ 1 I 1 _ L . 1 I , I _ '__ _____ I _ I-- : ./ 4111111ft 7,Emz , OCEANFRONT r'F'C RI I i , I i D=m 'A mm II.Z ! . 1 m : I :: m -,, ,-, 0 0 Cn 25 STREET PLAZA PROJECT i= l' i 1 1 1 i iiE- Z igh , _ c - --. ALTERATIONS 8 ADDITIONS TO ADD AN a - ill A 7_ _-,-. !„.•v,!!., • A6 INTRUDER TRIBUTE MONUMENT .,,T. N AND A FUTURE,TRIBUTE MONUMENT TO 4 , t .* . 3' ER 1 1 til• Eh 7 7,..;•'- 0 THE NAVY SEALS n' eg. ;g7,q, 25TH STREET 8 ATLANTIC AVENUE r l 0 : - VIRGINIA BEACH VIRGINIA I i tiga ., Sit 1 A RESOLUTION REGARDING THE 2 NORWEGIAN LADY PLAZA 3 WHEREAS, the City Council, on September 28, 2004, approved construction of a 4 Naval Aviation Monument to occupy a well-defined area at 25th Street and Atlantic 5 Avenue as well as improvements to the plaza surrounding the Norwegian Lady statue 6 immediately east of the Aviation Monument; and 7 8 WHEREAS, the area of the Norwegian Lady Plaza ("Plaza") was designed to 9 afford unencumbered access during events and ceremonies; and 10 11 WHEREAS, experience over more than ten years has proven that the size of the 12 Plaza is ideal for the events and ceremonies regularly held there; and 13 14 WHEREAS, concurrent with this resolution, the City is proposing to install a new 15 Intruder Monument on the Plaza and to reserve space in the southeast corner of the 16 Plaza for a future Navy SEAL monument ("New Monuments"); and 17 18 WHEREAS, after installation of the New Monuments, the policy of the City of 19 Virginia Beach shall be that no additional statues, monuments or structures will be 20 placed in the Plaza area between the eastern edge (planter) of the existing Aviation 21 Monument and the Boardwalk; and 22 23 WHEREAS, furthermore, it is also the policy of the City of Virginia Beach that the 24 Norwegian Lady statue will not be moved in the future and will remain in its present 25 location in perpetuity. 26 27 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA THAT: 29 30 The City Council directs that after installation of the New Monuments, no 31 additional statues, monuments or structures shall be placed in the Plaza area between 32 the eastern edge (planter) of the existing Aviation Monument and the Boardwalk, and 33 the Norwegian Lady statue shall not be moved in the future and will remain in its 34 present location in perpetuity. 35 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Amendment No. 6 to the Multi-Year Agreement Between the United States of America and the City to Prevent Encroachment and Incompatible Development In The Vicinity Of Naval Air Station Oceana (NAS Oceana) Approved by ORD-3000B, ORD-3178D, ORD-3259P and ORD-3333U MEETING DATE: May 3, 2016 • Background: Pursuant to Ordinance 3000B, adopted on September 25, 2007, the City entered into a multi-year agreement with the United States of America, Department of the Navy (the "Navy") in which the parties agreed that the City would convey to the Navy restrictive easements over property the City acquires in the Inter- facility Traffic Area (the "ITA"), and the Navy would pay the lesser of 100% of the fair market value of the easement or 50% of the appraised fair market value of the property acquired by the City (the "Encroachment Partnering Agreement"). The Encroachment Partnering Agreement was amended by Ordinance 3053C adopted on September 23, 2008, Ordinance 3178D adopted on May 10, 2011; ORD-3259P adopted on September 11, 2012 and ORD-3333U adopted on March 11, 2014. To date, the City has sold easements to the Navy pursuant to the Encroachment Partnering Agreement totaling approximately $13.2 million and covering 1,711 acres. The parties amended the Encroachment Partnering Agreement in 2014 to extend the Agreement between the City and the Navy until September 30, 2016. The City's ITA acquisitions are ongoing, and the Navy has additional funds reserved for this project. Therefore, the parties would like to enter into Amendment No. 6 to the Encroachment Partnering Agreement to extend the term up to three (3) additional years, through September 30, 2019. The City has amended the Encroachment Partnering Agreement five (5) times to accomplish various process adjustments, to extend the term, and to expand the program into the Rural AICUZ Area (RAA). • Considerations: Amending the Encroachment Partnering Agreement is in accordance with the City's ongoing efforts to partner with the Navy to retain NAS Oceana as the East Coast Master Jet Base and is an effective means of accomplishing the shared goal of preventing future encroachment around the bases. • Recommendation: Approval. II • Attachments: Ordinance and Summary of Terms of Amendment No. 6 Recommended Action: Approval of the Ordinance Submitting Dep- •ency: Public Works/Real Estate ) ph City Manager: 1 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NO. 6 TO 3 THE MULTI-YEAR AGREEMENT BETWEEN THE 4 UNITED STATES OF AMERICA AND THE CITY TO 5 PREVENT ENCROACHMENT AND INCOMPATIBLE 6 DEVELOPMENT IN THE VICINITY OF NAVAL AIR 7 STATION OCEANA (NAS OCEANA) APPROVED BY 8 ORD-3000B, ORD-3178D, ORD-3259P AND ORD- 9 3333U 10 11 WHEREAS, as authorized by Ordinance 30008, adopted by the City Council on 12 September 25, 2007, the United States of America, Department of the Navy (the 13 "Navy") and the City entered into a Multi-Year Agreement on September 27, 2007, in 14 which the Navy and the City agreed that the City would convey to the Navy restrictive 15 easements over property the City acquires in the interfacility Traffic Area (the "ITA"), 16 and the Navy would pay the lesser of 100% of the fair market value of the easement or 17 50% of the appraised fair market value of the property acquired by the City (the 18 "Encroachment Partnering Agreement"); 19 20 WHEREAS, as authorized by Ordinance ORD-3333U, adopted on March 11, 21 2014, the City and the Navy modified the Encroachment Partnering Agreement to 22 extend the Agreement until September 30, 2016; 23 24 WHEREAS, the City and the Navy wish to further modify the Encroachment 25 Partnering Agreement to extend the Agreement for up to an additional three (3) years 26 (through September 30, 2019); 27 28 WHEREAS, all of the other terms of the Encroachment Partnering Agreement, as 29 amended previously, will remain the same; and 30 31 WHEREAS, the City Council finds that amending the Encroachment Partnering 32 Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 33 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 34 accomplishing the shared goal of preventing future encroachment around the bases. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute Amendment No. 6 to the 40 Encroachment Partnering Agreement to the extent such modifications are in substantial 41 conformity with the Summary of Terms attached hereto as Exhibit A and incorporated 42 herein and such other terms, conditions or modifications as may be acceptable to the 43 City Manager and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2016. i CA13593 llvbgov.comldfs l la pplicatio nslcdylawprodlcycom321wpd ocs1d0291p021100277486.doc 4/22/16 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jordill 0._ _It _ p\ Public Works/Real Estate City Atto ey's 6ffice SUMMARY OF TERMS OF AMENDMENT NO. 6 TO THE MULTI-YEAR AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Terms of Amendment No. 6: Amends the Encroachment Partnering Agreement to: • Extend the Agreement for three years, until September 30, 2019. • All other terms of the Encroachment Partnering Agreement, as previously amended, remain the same. yiT AV'.0:00.4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City-owned properties located off 2285 Landstown Road (GPIN: 1484-84-1996 & 1484-94-8243); 3521 Indian River Road (GPIN: 1483-37-4159); 2356 Salem Road (GPIN: 1484-24-3586); and 3685 Indian River Road (GPIN: 1483-17-4398) in the Interfacility Traffic Area (ITA) to be excess property and authorize the City Manager to convey same to the United States of America MEETING DATE: May 3, 2016 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA (later extended to the Rural AICUZ Area), and the Navy would pay to the City 100% of the appraised value of the Restrictive Easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1,711 acres for a total of $13,197,245 and in exchange for the Marshview property. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase easements over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size GPIN Former City's Cost Purchase Funds to Be (acres) Owner to Price from Returned to Acquire Navy for Commonwealth Easement 2285 Landstown 68.9183 1484-84-1996 Jesse C. Bell, $2,430,440 $962,500 $481,250 Road & 1484-94- et als. 8243 3521 Indian River 27.170 1483-37-4159 William J. $600,000 $217,500 $108,750 Road Lee, et al. 2356 Salem Road 12.368 1484-24-3586 Piney Grove $639,000 $313,500 $156,750 Baptist Church 3685 Indian River 11.087 1483-17-4398 Chesapeake $80,040 $32,500 $16,250 Road Land Development TOTAL $3,749,480 $1,526,000 $763,000 • Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, and ORD-3333U, the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easements to be conveyed over the property identified above would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easements would recoup for the City and the Commonwealth approximately 41% of the purchase price paid for these ITA acquisitions, for a total sales price of$1,526,000. • Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The City funded the acquisition of the properties listed above (as noted in the far right column in the above table) through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Restrictive Easements over these properties in the amount of $1,526,000 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting I =pa s` • ency: Public Works/Real Estate d F> n A N City Manage 1" I i II ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS 2 OVER CITY-OWNED PROPERTIES LOCATED AT 2285 3 LANDSTOWN ROAD (GPIN: 1484-84-1996 & 1484-94-8243); 4 3521 INDIAN RIVER ROAD (GPIN: 1483-37-4159); 2356 5 SALEM ROAD (GPIN: 1484-24-3586); AND 3685 INDIAN 6 RIVER ROAD (GPIN: 1483-17-4398) IN THE INTERFACILITY 7 TRAFFIC AREA (ITA) TO BE EXCESS PROPERTY AND 8 AUTHORIZE THE CITY MANAGER TO CONVEY SAME TO 9 THE UNITED STATES OF AMERICA 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 12 properties (the "Properties") located in the Interfacility Traffic Area (the "ITA") in the City 13 of Virginia Beach, Virginia, which Property is identified as follows: 14 15 2285 Landstown Road (approximately 68.92 Acres), acquired from 16 Jesse C. Bell, et als. 17 18 3521 Indian River Road (approximately 27.17 Acres), acquired from 19 William J. Lee, et als. 20 21 2356 Salem Road (approximately 12.37 Acres), acquired from 22 Piney Grove Baptist Church 23 24 3685 Indian River Road (approximately 11.09 Acres), acquired from 25 Chesapeake Land Development, LLC 26 27 WHEREAS, on September 27, 2007, the City and the United States of 28 America, Department of the Navy (the "Navy") entered into an agreement (the 29 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 30 incompatible development; 31 32 WHEREAS, the terms and provisions of the Encroachment Partnering 33 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 34 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 35 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 36 value of the Restrictive Easements, up to 50% of the fair market value of the appraised 37 value of the property the City acquired; 38 39 WHEREAS, the City acquired the Properties pursuant to the ITA 40 Acquisition Program, an element of the City BRAC response program; 41 42 WHEREAS, the City funded the acquisition of the Properties through a 43 partnership with the Commonwealth of Virginia (the"Commonwealth"); 44 45 WHEREAS, the City Council of the City of Virginia Beach finds that the 46 Restrictive Easements over the Properties are in excess of the City's needs and finds 47 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 48 Encroachment Partnering Agreement, as amended, will allow the City and the 49 Commonwealth to recover a portion of the funds paid for the Properties. 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 52 OF VIRGINIA BEACH, VIRGINIA: 53 54 1. That Restrictive Easements over the following Properties located in the 55 ITA are hereby declared to be in excess of the needs of the City of Virginia Beach: 56 57 2285 Landstown Road (approximately 68.92 Acres), acquired from 58 Jesse C. Bell, et als. 59 60 3521 Indian River Road (approximately 27.17 Acres), acquired from 61 William J. Lee, et als. 62 63 2356 Salem Road (approximately 12.37 Acres), acquired from 64 Piney Grove Baptist Church 65 66 3685 Indian River Road (Approximately 11.09 Acres), acquired 67 from Chesapeake Land Development, LLC 68 69 2. That the City Manager is hereby authorized to execute any documents 70 necessary to convey the Restrictive Easements to the Navy, in substantial conformity 71 with the terms and provisions of the Encroachment Partnering Agreement dated 72 September 27, 2007, as it has been or may be amended, and such other terms, 73 conditions or modifications as are deemed necessary and sufficient by the City Manager 74 and in a form deemed satisfactory by the City Attorney. 75 76 3. That revenue from the sale of the Restrictive Easements in the amount of 77 $1,526,000 shall be received, and fifty percent (50%) of this amount shall be deposited 78 for appropriation in future Capital Improvement Program capital budgets in #9-059, 79 Oceana interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) 80 shall be deposited for future payment by 'the City Manager to refund the 81 Commonwealth's portion in accordance with the grant agreement. 82 83 This ordinance shall be effective from the date of its adoption. 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the 86 day of , 2016. R-1 4/22/2016 CA13594 l\vbgov.comkifsl lapplicatIo nslcitylawprodlcycom321wpd ocski0301p019\00277518.doc 11 APPROVED AS TO CONTENT APPROVED AS TO CONTENT £ Pub is Wo s/Rea statev, Management Services APPROVED AS TO LEGAL SUFFICIENCY CityAtt me s Office monrni Fri a_ unonno -' g Alp,, O v A J A A O '"I Rl D -4 (a -4 Co r 2 D 5°j lD co CT -). 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' •is0•�;••�/l/alt viom !� I i II EXHIBIT A TO GRANT OF EASEMENT TABLE 1 -AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food&kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from Y Y fabrics,leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing,publishing, and allied industries Y Y Chemicals and allied products;manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc.plastic products; manufacturing Y Y Stone,clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods;watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad,rapid rail transit,and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade-building materials,hardware and farm Y Y equipment Retail trade-general merchandise Y Y Retail trade-food Y Y Retail trade-automotive,marine craft, aircraft and Y Y accessories Retail trade-apparel and accessories Y Y Services Retail trade-furniture,home,furnishings and equipment Y Y Retail trade- eating and drinking establishments Y Y Other retail trade Y Y Finance,insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals,other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums,concert halls Y N Outdoor music shells,amphitheaters N N Outdoor sports arenas,spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural,entertainment and recreation Y N Resource Production and Extraction Agriculture(except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y I i II SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2016, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost(50%)of obtaining such appraisals. I II 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost(50%) of obtaining such survey. fa,„ ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Authorizing and Directing the City Manager to Designate the City Employees Responsible for the Administration and Enforcement of the Sign Regulations Set Forth in Chapters 3 and 33 of the City Code MEETING DATE: May 3, 2016 • Background: April 19, the City Council adopted ordinances amending Chapter 3, Article 1 and Chapter 33, Article 6 of the City Code by adding certain sign regulations. The City Manager or his designee is responsible for the administration and enforcement of those provisions; no additional guidance as to the nature and extent of the designation, however, is provided. • Considerations: At the request of Councilmember Moss, the resolution directs the City Manager to designate, in writing, the specific job titles of the City officers and employees assigned to enforce the provisions of the sign regulations set forth in Chapters 3 and 33 of the City Code, and that such designation shall be in writing, filed with the City Clerk and open to public inspection. • Public Information: The resolution is to be advertised as an ordinary agenda item. • Recommendations: Adoption of resolution • Attachments: Resolution Recommended Action: Adoption of resolution Submitting Department/Agency: Requested by Councilmember John D. Moss City Manager: REQUESTED BY COUNCILMEMBER JOHN D. MOSS 1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 2 MANAGER TO DESIGNATE THE CITY EMPLOYEES 3 RESPONSIBLE FOR THE ADMINISTRATION AND 4 ENFORCEMENT OF THE SIGN REGULATIONS SET FORTH IN 5 CHAPTERS 3 AND 33 OF THE CITY CODE 6 7 WHEREAS, on April 19, 2016, the City Council adopted ordinances amending 8 Chapter 3, Article 1 and Chapter 33, Article 6 of the City Code by adding certain sign 9 regulations thereto; and 10 11 WHEREAS, the City Manager or his designee are responsible for the 12 administration and enforcement of such ordinances; and 13 14 WHEREAS, it is the sense of the City Council the City Manager should 15 designate, in writing, the City officers and employees to whom the duties and 16 responsibilities provided for in the aforesaid ordinances are to be assigned, and that 17 such written designation shall be filed with the City Clerk and made available for public 18 inspection; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 21 22 That the City Manager shall designate, in writing, the specific job titles of the City 23 officers and employees assigned to enforce the provisions of the sign regulations set 24 forth in Chapters 3 and 33 of the City Code. Such designation shall be in writing and 25 filed with the City Clerk and shall be available for public inspection. 26 27 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 28 of , 2016. APPROVED AS TO LEGAL SUFFI IENCY: City Attorney's Office CA-13735 R-2 April 25, 2016 I C 1 'aJ t s I rtl CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Resolution Authorizing and Directing the Beaches and Waterways Commission to Examine the Actual and Potential Impacts of the Rental of Private Residences Booked Through Airbnb and Similar Peer-To-Peer Rentals and to Seek the Assistance of Members of Other Boards and Commissions of the City MEETING DATE: May 3, 2016 ■ Background: The use of peer-to-peer rentals of residential property booked through companies such as Airbnb has become increasingly frequent in Virginia Beach and many other localities. The actual and potential impacts of such rentals on the City, its neighborhoods and the rental community, however, are unknown and should be ascertained in order to determine what, if any, measures the City should take to regulate such rentals. • Considerations: The Resolution authorizes and directs the Beaches and Waterways Commission to examine the actual and potential impacts on the City of Virginia Beach, its neighborhoods and the rental community of the rental of private residences booked through Airbnb and similar peer-to-peer rentals and to report its findings and recommendations to the City Council contemporaneously with its findings and recommendations related to event houses. It also authorizes and directs the Commission, though its Chair, to seek the assistance of the members of other boards and commissions of the City in undertaking such studies, which boards and commissions and requests their members to supply such assistance as is reasonably requested of them. • Public Information: The resolution is to be advertised as a regular agenda item. ■ Recommendations: Adoption of resolution • Attachments: Resolution Requested by Councilmembers Wilson and Davenport REQUESTED BY COUNCILMEMBERS WILSON AND DAVENPORT 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 BEACHES AND WATERWAYS COMMISSION TO STUDY 3 THE ACTUAL AND POTENTIAL IMPACTS OF AIRBNB 4 AND SIMILAR PEER-TO-PEER RENTALS AND TO SEEK 5 THE VIEWS OF MEMBERS OF OTHER BOARDS AND 6 COMMISSIONS OF THE CITY IN PERFORMING SUCH 7 STUDY AND THE STUDY OF EVENT HOUSES 8 9 10 WHEREAS, on April 19, 2016, the City Council adopted a resolution authorizing 11 and directing the Beaches and Waterways Commission (the "Commission") to: (1) 12 conduct a thorough study of whether further regulation of the rental of homes in 13 residential neighborhoods for the purpose of holding large event functions ("event 14 houses") such as weddings, receptions, parties and similar activities is appropriate; and 15 (2) transmit its recommendations pertaining to the foregoing matter, in writing, to the 16 City Council by no later than one hundred twenty (120) days from the date of adoption 17 of this Resolution; and 18 19 WHEREAS, short-term rentals of residential property booked through Airbnb and 20 similar peer-to-peer rentals have become more and more frequent within the City, as 21 well as other localities, and the potential impacts of such rentals on the City, its several 22 neighborhoods, and the rental community as a whole have not yet been ascertained; 23 and 24 25 WHEREAS, it is in the public interest for such activities and their actual and 26 potential impacts to be studied and determined; and 27 28 WHEREAS, it is the sense of the City Council that it would assist the 29 Commission in performing studies of event houses and Airbnb and similar peer-to-peer 30 rentals if it were to affirmatively seek the assistance of members of boards and 31 commissions of the City; and 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the Beaches and Waterways Commission is authorized and directed to 37 examine the actual and potential impacts on the City of Virginia Beach, its 38 neighborhoods and the rental community of the rental of private residences booked 39 through Airbnb and similar peer-to-peer rentals and to report its findings and 40 recommendations to the City Council contemporaneously with its findings and 41 recommendations related to event houses. 42 43 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 44 BEACH, VIRGINIA: 45 46 That the Beaches and Waterways Commission, through its Chair or his 47 designee, is hereby authorized and directed to seek the assistance of the members of 48 other boards and commissions of the City in undertaking such studies, which boards 49 and commissions and their members are requested to supply such assistance as is 50 reasonably requested of them. 51 52 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 53 day of , 2016. APPR V D TO LE L FFICI:NCY: r i I City A orney's Office CA-13743 R-1 April 28, 2016 2 1 II r.`i CITY OF VIRGINIA BEACH \,.. AGENDA ITEM J ITEMS: (1) Resolution Authorizing the Distribution of the Preliminary Official Statement and Other Actions in Connection with the Issuance by the City of Virginia Beach, Virginia, of its Water and Sewer Revenue and Refunding Bonds, Series of 2016 (2) Resolution Providing for the Eleventh Supplemental Master Water and Sewer Revenue Bond Resolution MEETING DATE: May 3, 2016 •Background: In accordance with the City's Capital Improvement Program (CIP), City Council periodically authorizes the issuance of water and sewer utility revenue bonds to finance certain capital improvements for the water and sewer system. The Department of Public Utilities has identified the need for such action and, with the Department of Finance and City Attorney, has developed a financing plan consisting of a maximum of $50 million in new money revenue bonds. The use of bond financing for such projects was authorized by Council in the 2012 and 2013 CIP. In addition to the new money bonds, the attached resolution would authorize a refunding of up to $55 million in previously issued bonds. The potential refunding would be from the Series 2002 and Series 2005 bonds. •Considerations: The City's Water and Sewer Utility System has a Master Resolution that governs these bonds and the various commitments to the bondholders. The enclosed resolutions provide for the issuance and sale of the 2016 Series of water and sewer revenue and refunding bonds. The first resolution provides for the distribution of the Preliminary Official Statement (POS) along with other necessary actions. The second resolution amends the Master Resolution to provide for the 2016 series of bonds. The City's consulting engineers, Arcadis, U.S., Inc. have prepared a Financial Feasibility Report on the water and sewer system, which is part of the bond offering. The bond sale is scheduled for May 25. The results of the sale will be provided to City Council. The overall interest rate (true interest cost) will not exceed 4.25%. After today's Council action, no further vote of the Council will be necessary. • Public Information: Public information will be handled through the normal Council agenda process. A Notice of Sale for the bonds will be placed in The Bond Buyer. • Recommendations: Authorize the Series 2016 Water and Sewer Bond sale. • Attachments: Resolutions (2) Recommended Action: Approval Submitting D. • - , ,_ 'Agency: Finance/Public Utilities City Manager: RESOLUTION AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE BY THE CITY OF VIRGINIA BEACH, VIRGINIA, OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2016 WHEREAS, the City of Virginia Beach, Virginia (the "City"), proposes to issue its Water and Sewer System Revenue and Refunding Bonds, Series of 2016, in an amount not to exceed $105,000,000 (the "Bonds"), pursuant to the Eleventh Supplemental Resolution amending the City's Master Water and Sewer Bond Resolution, originally adopted February 11, 1992, as amended from time to time thereafter (the "Eleventh Supplemental Resolution"); WHEREAS, in connection with the adoption by the Council of the City (the "City Council") of the Eleventh Supplemental Resolution, there have been presented to or otherwise made available to this meeting drafts of the following documents: (a) Notice of Sale, to be dated on or about May 12, 2016 (the "Notice of Sale"), of the City relating to the advertisement of the public offering of the Bonds; (b) Preliminary Official Statement, to be dated on or about May 12, 2016, of the City relating to the public offering of the Bonds, including, as an Appendix, the Financial Feasibility Study prepared by Arcadis U.S., Inc., to be dated on or about May 25, 2016 (collectively, the "Preliminary Official Statement"); and (c) Continuing Disclosure Agreement, to be dated on or about June 8, 2016, pursuant to which the City will agree to undertake continuing disclosure obligations pursuant to Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC"), for the benefit of the holders of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA,AS FOLLOWS: 1. The City Manager, in collaboration with Public Resources Advisory Group, the City's financial advisor (the "Financial Advisor"), is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale, which is approved, provided that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City, including, without limitation, such changes as may be necessary to prepare and distribute at the option of the City Manager separate Notices of Sale for the refunding and new money series of the Bonds. 2. The City authorizes the distribution of the Preliminary Official Statement in form deemed "near final" as of its date, within the meaning of the Rule of the SEC, to prospective purchasers of the Bonds, with such completions, omissions, insertions and changes as may be approved by the City Manager. Such distribution shall constitute conclusive evidence of the approval of the City Manager as to any such completions, omissions, insertions and changes and that the City has deemed the Preliminary Official Statement to be near final as of its date. 3. The City Manager, in collaboration with the Financial Advisor, is hereby authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement necessary to reflect the terms of the sale of the Bonds and the details thereof appropriate to complete it as an official statement in final form (the "Official Statement") and to execute and deliver the Official Statement to the purchasers of the Bonds. Execution of the Official Statement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes and that the Official Statement has been deemed final by the City as of its date within the meaning of the Rule. 4. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute the Continuing Disclosure Agreement, the form of which is approved, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 5. The officers of the City are hereby authorized and directed to execute, deliver and file all certificates and documents and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bonds, including without limitation (a) execution and delivery of a certificate 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 Code, and regulations thereunder, applicable to "arbitrage bonds," (b) making any elections that such officers deem desirable regarding any provision requiring rebate to the United States of"arbitrage profits" earned on investment of proceeds of the Bonds, and (c) filing Internal Revenue Service Form 8038-G. The foregoing shall be subject to the advice, approval and direction of bond counsel. 6. To ensure compliance with federal tax law after the Series 2016 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Bonds, including the use of the projects financed with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 7. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 8. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto. 9. All other acts of the 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 are hereby approved and ratified. 10. This Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of May, 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S CIENCY: 9 k\S\4-U � Finance Department • A • - ' •ffice CA13533 R-1 April 21, 2016 14695893v3 CITY OF VIRGINIA BEACH,VIRGINIA ELEVENTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992,ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $105,000,000 OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2016, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES ADOPTED ON MAY 3, 2016 TABLE OF CONTENTS Page ARTICLE I ELEVENTH SUPPLEMENTAL RESOLUTION 1 Section 11.101 Eleventh Supplemental Resolution. 1 Section 11.102 Meaning of Terms; Definitions 2 Section 11.103 Reference to Articles and Sections 3 ARTICLE II 2016 PROJECT 3 Section 11.201 Authorization of 2016 Project 3 ARTICLE III ISSUANCE AND SALE OF SERIES 2016 BONDS 3 Section 11.301 Issuance and Sale of Series 2016 Bonds 3 Section 11.302 Details of Series 2016 Bonds. 3 Section 11.303 Book Entry System. 4 Section 11.304 Registrar. 5 Section 11.305 Form of Series 2016 Bonds 5 Section 11.306 Security for Series 2016 Bonds 5 Section 11.307 Application of Proceeds. 5 ARTICLE IV REDEMPTION OF SERIES 2016 BONDS 6 Section 11.401 Optional Redemption Provisions. 6 Section 11.402 Mandatory Redemption. 6 Section 11.403 Selection of Series 2016 Bonds for Redemption. 6 Section 11.404 Notice of Redemption. 6 ARTICLE V FEDERAL TAX PROVISIONS 7 Section 11.501 Limitation of Use of Proceeds. 7 Section 11.502 Rebate Requirement. 8 Section 11.503 Calculation and Payment of Rebate Amount 8 ARTICLE VI AMENDMENTS TO MASTER RESOLUTION 9 Section 11.601 Effective Date of Amendments 9 Section 11.602 Notice of Amendments to Bondholders 9 Section 11.603 Amendments to Take Effect Upon Bondholder Consent. 9 ARTICLE VII MISCELLANEOUS 11 Section 11.701 Limitation of Rights. 11 Section 11.702 SNAP Investment 11 Section 11.703 Severability. 11 Section 11.704 Effective Date. 11 Appendix A - Description of the 2016 Project A-1 Appendix B - Form of the Series 2016 Bonds B-1 Appendix C -Notice to Bondholders C-1 (i) ELEVENTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992,ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $105,000,000 OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2016, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system; and WHEREAS, the Council desires to issue pursuant to the Master Resolution up to $25,242,666 of the $27,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 8, 2012, and up to $24,757,334 of the $27,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 2013; and WHEREAS,the Council desires to refund the remaining outstanding principal amount of the City's Water and Sewer System Revenue Bonds, Series of 2002, and the City's Water and Sewer System Revenue and Refunding Bonds, Series of 2005, and to sell refunding revenue bonds therefor in an aggregate principal amount of up to $55,000,000; and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds (as defined in the Master Resolution); BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I ELEVENTH SUPPLEMENTAL RESOLUTION Section 11.101 Eleventh Supplemental Resolution. This Eleventh Supplemental Resolution is adopted pursuant to and in accordance with Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series 2016 Bonds (as hereinafter defined) and to the holders thereof, except as otherwise provided herein. Section 11.102 Meaning of Terms; Definitions. All capitalized terms used herein and not defined either in this Section or elsewhere in this Eleventh Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Eleventh Supplemental Resolution. "2002 Refunded Bonds" shall mean the remaining outstanding principal amount of the City's $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, being refunded with a portion of the proceeds of the Series 2016 Bonds. "2005 Refunded Bonds" shall mean the remaining outstanding principal amount of the City's $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005, being refunded with a portion of the proceeds of the Series 2016 Bonds. "2016 Project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article II. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series 2016 Bonds, or its successors or assigns in such capacity. "Eleventh Supplemental Resolution" shall mean this Eleventh Supplemental Resolution, which supplements the Master Resolution. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series 2016 Bonds over (b) the future value of all nonpurpose payments with respect to the Series 2016 Bonds, in each case calculated under Section 9.503 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. "Rebate Amount Certificate" shall have the meaning set forth in Section 9.503. "Refunded Bonds" shall mean the 2002 Refunded Bonds and the 2005 Refunded Bonds. "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., as paying agent and bond registrar for the Series 2016 Bonds. "Series 2016 Bonds" shall mean, collectively, the Series 2016A Bonds and the Series 2016B Bonds. "Series 2016A Bonds" shall mean the Water and Sewer System Revenue Bonds, Series of 2016A, in the amount to be issued in accordance with the provisions of Article III. "Series 2016B Bonds" shall mean the Water and Sewer System Refunding Revenue Bonds, Series of 2016B, in the amount to be issued in accordance with the provisions of Article III. 2 Section 11.103 Reference to Articles and Sections Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Eleventh Supplemental Resolution. ARTICLE II 2016 PROJECT Section 11.201 Authorization of 2016 Project. The Council has authorized the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program of the City. ARTICLE III ISSUANCE AND SALE OF SERIES 2016 BONDS Section 11.301 Issuance and Sale of Series 2016 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $50,000,000, consisting of up to $25,242,666 of the $27,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 8, 2012, and up to $24,757,334 of the $27,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 2013. The proceeds thereof shall be used to pay the Cost of the 2016 Project. The City hereby further provides for the issuance of water and sewer system refunding revenue bonds in a principal amount up to $55,000,000, the proceeds of which shall be used to refund the Refunded Bonds. All such bonds shall constitute Bonds, as defined in the Master Resolution. Section 11.302 Details of Series 2016 Bonds. (a) Subject to the provisions of paragraph (e) below, the Series 2016A Bonds shall be designated "Water and Sewer System Revenue Bonds, Series of 2016A," shall be numbered R-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $50,000,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Subject to the provisions of paragraph (e) below, the Series 2016B Bonds shall be designated "Water and Sewer System Refunding Revenue Bonds, Series of 2016B," shall be numbered R-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $55,000,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City 3 (c) Principal of the Series 2016 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Registrar. Interest on the Series 2016 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (d) Except as otherwise provided herein, the Series 2016 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. (e) The Series 2016 Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Series 2016 Bonds and award the Series 2016 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the following limitations. The Series 2016 Bonds shall (a) have a "true" or "Canadian" interest cost not to exceed 4.25%, calculated independently for each Series (and taking into account any original issue discount or premium on any such Series of the Series 2016 Bonds), (b)be sold to the purchaser at a price not less than 100% of the principal amount thereof and (c) mature no later than the year 2041. Section 11.303 Book Entry System. Initially, one Series 2016 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series 2016 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series 2016 Bonds will not receive physical delivery of the Series 2016 Bonds. So long as DTC is acting as securities depository for the Series 2016 Bonds, a book entry system shall be employed, evidencing ownership of the Series 2016 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series 2016 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series 2016 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series 2016 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 2016 Bonds is not in the best interest of the City or the beneficial owners of the Series 2016 Bonds, the Registrar and the City shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify 4 another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix B, with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series 2016 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series 2016 Bonds (a) it shall be the registered owner of the Series 2016 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Eleventh Supplemental Resolution to holders of the Series 2016 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series 2016 Bonds. Section 11.304 Registrar. The selection of The Bank of New York Mellon Trust Company, N.A. as paying agent and bond registrar for the Series 2016 Bonds is approved. Section 11.305 Form of Series 2016 Bonds. The Series 2016 Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. Section 11.306 Security for Series 2016 Bonds. The Series 2016 Bonds shall be issued pursuant to the Master Resolution and this Eleventh Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations. Section 11.307 Application of Proceeds. The proceeds of the Series 2016 Bonds shall be applied as follows: (a) The amount of Series 2016 Bond proceeds necessary to pay the principal, premium and interest on the Refunded Bonds on their optional redemption date. (b) If other City funds are not utilized for such purpose, the amount of Series 2016 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the total Debt Service Reserve Requirement for all Series of Bond, shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. 5 (c) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2016 Project and to pay expenses incident to issuing the Series 2016 Bonds. ARTICLE IV REDEMPTION OF SERIES 2016 BONDS Section 11.401 Optional Redemption Provisions. The Series 2016 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined and agreed upon by the City Manager, in whole or in part at any time at redemption prices equal to no greater than 100% of the principal amount of the Series 2016 Bonds, together with any accrued interest to the redemption date. Section 11.402 Mandatory Redemption. The Series 2016 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. Section 11.403 Selection of Series 2016 Bonds for Redemption. If less than all of the Series 2016 Bonds of a Series are called for redemption, the Series 2016 Bonds of a Series to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Series 2016 Bonds of a particular maturity are called for redemption, the Series 2016 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 at its discretion may determine. The portion of any Series 2016 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2016 Bonds for redemption, each Series 2016 Bond shall be considered as representing that number of Series 2016 Bonds which is obtained by dividing the principal amount of such Series 2016 Bond by $5,000. If a portion of a Series 2016 Bond shall be called for redemption, a new Series 2016 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof Section 11.404 Notice of Redemption. (a) The Registrar shall send notice of the call for redemption identifying the Series 2016 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2016 Bond to be redeemed at his address 6 as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. (b) In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or (2) the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected Series 2016 Bondholders. Any Series 2016 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2016 Bondholders that the redemption did not occur and that the Series 2016 Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section 11.501 Limitation of Use of Proceeds. The City covenants with the holders of the Series 2016 Bonds as follows: (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series 2016 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2016 Bonds of any Series to be"arbitrage bonds"within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series 2016 Bonds of any Series 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 2016 Bonds of any Series 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 2016 Bonds. (b) The City shall not permit the proceeds of the Series 2016 Bonds or the facilities to be financed with such proceeds 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 7 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 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. (c) 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 2016 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 2016 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 11.502 Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment in full of the Series 2016 Bonds. Section 11.503 Calculation and Payment of Rebate Amount. (a) The City selects October 1 as the end of the bond year with respect to the Series 2016 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year (October 1, 2021), unless such date is changed by the City prior to the date that any amount with respect to the Series 2016 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 Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. (c) Not 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 in full of the Series 2016 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment in full of the Series 2016 Bonds, the City shall pay to the United States of America the 8 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 in full of the Series 2016 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2016 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. ARTICLE VI AMENDMENTS TO MASTER RESOLUTION Section 11.601 Effective Date of Amendments. Notwithstanding anything herein to the contrary, pursuant to Section 1102 of the Master Resolution, the amendments provided in this Article shall be effective only upon the consent of the holders of a majority in aggregate principal amount of Bonds then Outstanding. The initial holders of the Series 2016 Bonds by their purchase thereof shall be deemed to have consented to the amendments provided in this Article. Section 11.602 Notice of Amendments to Bondholders. At such time as the City has received the consent of the holders of not less than a majority in aggregate principal amount of Outstanding Bonds to the amendments provided in this Article, the City shall cause the "Notice to Bondholders" attached hereto as Appendix C to be sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery to the holders of any then Outstanding (a) $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, (b) $6,200,000 Taxable Water and Sewer System Revenue Bond, Series of 1998, (c) $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, (d) $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005, (e) $9,720,000 Water and Sewer System Revenue Bonds, Series 2010A-1 (Tax-Exempt), (f) $55,280,000 Water and Sewer System Revenue Bonds, Series 2010A-2 (Taxable), (g) $8,410,000 Water and Sewer System Refunding Revenue Bonds, Series 2010B (Tax-Exempt), (h) $24,950,000 Water and Sewer System Refunding Revenue Bonds, Series 2010C (Tax- Exempt), and (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013. Section 11.603 Amendments to Take Effect Upon Bondholder Consent. Section 604 of the Master Resolution is hereby amended and restated in its entirety to read as follows: "Section 604. Revenue Fund. The City shall collect and deposit all Pledged Revenues in the Revenue Account of the Revenue Fund at least weekly. Moneys in the Revenue Fund shall be used only in the manner and priority set 9 forth below. The City shall pay when due Operating Expenses from the Revenue Account in accordance with the Annual Operating Budget. Provided that the City shall retain at all times in the Revenue Account an amount equal to the estimated amount of Operating Expenses for the next succeeding two months as provided in the Annual Operating Budget, the City shall make the following transfers from the Revenue Fund when required, in the following order of priority: (a) to the Fiscal Agent for deposit in the Revenue Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Revenue Bond Fund, the amount of interest, if any, due on each Series of Bonds; (2) then, to the Principal Account in the Revenue Bond Fund, the amount of principal, if any, due on each Series of Bonds; (3) then, to the 1997 RLF Debt Service Account in the Revenue Fund, all amounts necessary to meet the payment requirements of the Series of 1997 Bond in accordance with Section 6.1 of the Financing Agreement dated as of January 1, 1997, between the City and the Virginia Water Facilities Revolving Fund; and (4) then, to the 1998 RLF Debt Service Account in the Revenue Fund, all amounts necessary to meet the payment requirements of the Series of 1998 Bond in accordance with Section 6.1 of the Financing Agreement dated as of August 1, 1998, between the City and the Virginia Water Facilities Revolving Fund. (b) to the Fiscal Agent for deposit in the Parity Double Barrel Bond Fund, amounts sufficient to make the following deposits: (1) first, to the Interest Account in the Parity Double Barrel Bond Fund, the amount of interest, if any, due on each issue of Parity Double Barrel Bonds; and (2) then, to the Principal Account in the Parity Double Barrel Bond Fund, the amount of principal, if any, due on each issue of Parity Double Barrel Bonds or Parity Double Barrel Term Bonds. (c) to the Fiscal Agent for deposit in the Parity Debt Service Component Fund, the amount, if any, due on any Parity Debt Service Component; (d) to the Fiscal Agent for deposit in the Debt Service Reserve Fund, the amount, if any, necessary to increase the amount on deposit in the Debt Service Reserve Fund to the Debt Service Reserve Requirement; (e) to the Subordinate Debt Fund the amount, if any, of principal of and interest due on any Subordinate Debt; 10 (f) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Renewal and Replacement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); (g) by July 31 of each Fiscal Year, in accordance with the City's capital improvement program for such Fiscal Year, the annual amount budgeted for deposit into the Capital Improvement Account (or such lesser amount if the entire amount is not available in the Revenue Account, in which event the balance shall be transferred from the Residual Account); and (h) by the August 15 following the end of each Fiscal Year, to the Residual Account any amount remaining in the Revenue Account." ARTICLE VII MISCELLANEOUS Section 11.701 Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Eleventh Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series 2016 Bonds any legal or equitable right, remedy or claim under or in respect to this Eleventh Supplemental Resolution or any covenant, condition or agreement herein contained, this Eleventh Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series 2016 Bonds as herein provided. Section 11.702 SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. Section 11.703 Severability. If any provision of this Eleventh Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof Section 11.704 Effective Date. This Eleventh Supplemental Resolution shall take effect immediately. 11 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NCY: Alerc,R4/16ke 474(1k mance Department Cit • e ffice 12 APPENDIX A DESCRIPTION OF THE 2016 PROJECT CITY OF VIRGINIA BEACH,VIRGINIA WATER AND SEWER SYSTEM REVENUE BONDS SERIES OF 2016 The 2016 Project consists of extensions, improvements, enlargements, additions and replacements to the plants, systems, facilities, equipment or property owned, in whole or in part, acquired, operated or maintained by or on behalf of the City of Virginia Beach, Virginia, in connection with the collection, treatment or disposal of sanitary sewer and the supply, treatment, storage or distribution of water. The water system improvements include but are not limited to replacement of existing water mains, construction of new water mains, modification of existing pump stations and small line improvements. The sanitary sewer system improvements include but are not limited to construction of new gravity sanitary sewers, construction of new force mains,modification of existing pumping stations and construction of new pumping stations. A-1 APPENDIX B FORM OF SERIES 2016 BONDS Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R- S UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Bond, Series of 2016[A][B] INTEREST RATE MATURITY DATE DATED DATE CUSIP October 1, _,2016 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the designated corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), or its successor, 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 April 1 and October 1, beginning October 1, 2016, 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, if this Bond is authenticated prior to October 1, 2016, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest B-1 I I ii payment date on registration books kept by the Registrar. 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 a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of$ Water and Sewer System [Refunding] Revenue Bonds, Series of 2016[A][B] (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on May 3, 2016 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the"System"), as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, $6,200,000 Taxable Water and Sewer System Revenue Bond, Series of 1998, $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005, $9,720,000 Water and Sewer System Revenue Bonds, Series 2010A-1 (Tax-Exempt), $55,280,000 Water and Sewer System Revenue Bonds, Series 2010A-2 (Taxable), $8,410,000 Water and Sewer System Refunding Revenue Bonds, Series 2010B (Tax-Exempt), $24,950,000 Water and Sewer System Refunding Revenue Bonds, Series 2010C (Tax-Exempt), and $44,845,000 Water and Sewer System Revenue Bonds, Series of 2013 (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto 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, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. B-2 The Bonds maturing on and after October 1, 2027, are subject to redemption beginning October 1, 2026, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. Bonds maturing on October 1, , are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 9.402 of the resolution adopted on May 3, 2016, on October 1 in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of 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. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause 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, (1)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. B-3 The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. 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 15th day of the month 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 be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. B-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia Date Authenticated: B-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. Registrar By Authorized Signature B-6 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-mentioned 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 correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-7 APPENDIX C NOTICE TO BONDHOLDERS NOTICE OF AMENDMENT TO MASTER RESOLUTION CITY OF VIRGINIA BEACH,VIRGINIA Taxable Water and Sewer System Revenue Bond, Series of 1997 Taxable Water and Sewer System Revenue Bond, Series of 1998 Water and Sewer System Revenue Bonds,Series of 2000 [CUSIPS&Maturities] Water and Sewer System Revenue Bonds, Series of 2002 [CUSIPS &Maturities] Water and Sewer System Revenue and Refunding Bonds,Series of 2005 [CUSIPS &Maturities] Water and Sewer System Revenue and Refunding Bonds,Series of 2010 [CUSIPS&Maturities] Water and Sewer System Revenue and Refunding Bonds,Series of 2013 [CUSIPS &Maturities] The Bank of New York is Bond Registrar for the above-captioned bonds (the "Bonds"), which were issued under a Master Resolution adopted by the City Council (the "City Council") of the City of Virginia Beach, Virginia (the "City"), on February 11, 1992, as previously supplemented and amended (the "Master Resolution"). The purpose of this Notice is to notify Bondholders that the Master Resolution has been amended. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Master Resolution. The amendments to the Master Resolution provide that(i) interest and principal payments on each Series of Bonds and Parity Obligations will be transferred from the Revenue Account to the respective Bond Debt Service Account on their due date, rather than transferred to those accounts in fractional amounts on a monthly basis throughout the year, (ii) deposits to the Renewal and Replacement Account will be made by July 31 of each Fiscal Year in the full amount budgeted by the City in accordance with its capital improvement program for such Fiscal Year, rather than a fixed amount of$2,000,000 to be restored in fractional amounts over a twelve month period, (iii) deposits to the Capital Improvement Account will be made by July 31 of each Fiscal Year, rather than on the 25th day of the first full month after the City Council's approval of the capital improvement program, and (iv) deposits to the Residual Account will be made by the August 15 following the end of each Fiscal Year, rather than on the 25th day of the last month of such Fiscal Year. A copy of the Master Resolution and the amendments may be obtained from the Clerk of the City upon written request (addressed to the attention of the Department of Finance, C-1 Municipal Center, Virginia Beach, Virginia 23456), together with satisfactory evidence that the requestor is a holder of a Bond. No amendments were made to the terms of the Bonds. CUSIP Numbers are included solely for the convenience of the Bondholders. Neither the City nor The Bank of New York shall be responsible for the selection or use of the CUSIP Numbers, nor is any representation made as to its correctness on any bond or as indicated in any notice. THE BANK OF NEW YORK, as Registrar Dated: C-2 HGP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Enter into a Four-Month Lease for the Summer of 2016 and for Each of the Next Four Summers with Dolphin Run Condominium Association, Inc. for City-Owned Property Located at 3rd Street and Atlantic Avenue. MEETING DATE: May 3, 2016 • Background: The City of Virginia Beach (the "City") acquired a 0.09-acre parcel of property in the Rudee Loop area for future development. Dolphin Run Condominium Association, Inc. ("Dolphin Run") leased this small parcel of land from the previous owners to augment vehicular parking for guests staying at its establishment during the summer months. When the City acquired this land, it was understood that Dolphin Run desired to continue leasing the land each summer until the City was ready to use it for future City projects. This parcel will be used by Dolphin Run only. • Considerations: Each of the five (5) leases would be for a term of four (4) months, from May 15 to September 15 (the "Lease"). The City has a thirty-day (30) termination clause in the event that City needs the land prior to the termination of each Lease. For more specific terms, see the attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting De• • Mme. - agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A FOUR-MONTH 3 LEASE FOR THE SUMMER OF 2016 AND FOR 4 EACH OF THE NEXT FOUR SUMMERS WITH 5 DOLPHIN RUN CONDOMINIUM ASSOCIATION, 6 INC. FOR CITY-OWNED PROPERTY LOCATED 7 AT 3rd STREET AND ATLANTIC AVENUE 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of that 10 certain 0.09 acre parcel of land located at 3rd Street and Atlantic Avenue, Virginia 11 Beach, Virginia (GPIN: 2427-32-0138) (the "Premises"); 12 13 WHEREAS, the City and Dolphin Run Condominium Association, Inc. 14 ("Dolphin Run"), a Virginia non-stock corporation, desire to enter into a new lease 15 agreement for use of the Premises; 16 17 WHEREAS, Dolphin Run has agreed to pay the City $4,320 for use of the 18 Premises from May 15 to September 15, 2016; 19 20 WHEREAS, the City expects that it will enter into similar leases with 21 Dolphin Run for each of the next four summers; and 22 23 WHEREAS, the Premises will be utilized as an overflow parking lot for the 24 registered guests of Dolphin Run, and for no other purpose. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to enter into a four-month 30 lease for the summer of 2016 and for each of the next four (4) summers, 31 between Dolphin Run Condominium Association, Inc. and the City for the 32 Premises, in accordance with the Summary of Terms attached hereto as Exhibit 33 A and made a part hereof, and such other terms, conditions or modifications as 34 may be acceptable to the City Manager and in a form deemed satisfactory by the 35 City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 38 , 2016. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ke,d_u2A)L'h-) a City Attorney Public Works/Facilities Management CA13589 R-1 April 15, 2016 EXHIBIT A SUMMARY OF TERMS OF EACH LEASE FOR 2016, 2017, 2018, 2019, 2020 LEASE FOR THE USE OF 0.09-ACRES OF CITY-OWNED PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the intersection of 3rd Street and Atlantic Avenue (GPIN: 2427-32- 0138) TERM: Each lease will run from May 15 through September 15 RENT: $4,320 per four(4) month term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for overflow parking for guests and for no other purpose. • Maintain the Premises from May 15 through September 15. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: • May access the Premises at any time, without prior notice to Lessee, in the event of an emergency or public necessity. • May require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' prior notice if needed for public purposes. • May grant easements and rights-of-way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease upon thirty (30) days' prior written notice to Lessee. CO i. M N - M N cr N _ Z CT t ` , 1111 4.01011.1/4 , V �: -may i+► ct .. C .�. Ir „ _ _ . R* G < _ ..... ..,. ,. * 2 ,4toloor L . „, . • S O O STN ;U.”. _ .. . ".."�,` ,1 t.. Q Z O 0 Z iir cc A _Z v w I g v . r U Cn C W O m N O W W m O .40141IL,cc } W q'"t; Ci- 0 O O... Ce a ;. ..amrottirra ...,,,,,,.� VPr .. IMP rr. '"'.d .... yy.y�,r._Wrw.-...arw..y.ww„r�.y,,,.y�,. ..,y *4 x Vi gtnta ;ca h APPLICANT'S NAMEJoI�l�+n .l��l�o1V Ifl' xoucthon,lne DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ON Y/All disclosures must be updated mo(7)creeks prro to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the applicatron(s). o APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE REVISIONS SUBMITTED DA1 E b ; `:. VltginiS'etk eadi ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. SZ _ A,, (A) List the Applicant's name \_ ?'- ' � (t m -'''^N If an LLC, list all member's names: fLoc'' If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) S\(Q Ck-81A ‘ 001\KI)( PAJJZIN, Oy 1/191)°UXLI (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Nil Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. \\C ) �! (A) List the Property Owner's name: ��`-� If an LLC, list the member's names: Page 2 of 5 1.0 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1\)6\_ "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Vriti elf.¢: YES NO SERVICE PROVIDER(the additional sheets if needed) O 1 Accounting and/or preparer of your tax return ❑ r Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ttf the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ i purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ 111. Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ t7S1 Legal Services Real Estate Brokers / ❑ `i i'tj Agents/Realtors for current and `' anticipated future sales of the su ject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the inte rest? Page 4 of 5 II V' lin `BeaC i Ali-t CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this •ppii lion. i �l vc\a. b- cc\\ A•PLI T'S SIGNATURE PRINT NAME DATE littl >> C cc\ 3 �� PROPE•TY OWNER'S SIGNATURE PRINT NAME ( DATE Page 5 of 5 i II I i tt .71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from 1907, LLC (62.45+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $1,011,690, 3) Transfer of Funds to Purchase U.S. Treasury STRIPS, and 4) Request for Reimbursement from the Virginia Department of Agriculture and Consumer Services MEETING DATE: May 3, 2016 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. • Considerations: The subject property consists of three (3) parcels of land having approximately 62.45 acres outside of marshland or swampland. It is owned by 1907, LLC, a Virginia limited liability company. Under current development regulations, there is a total development potential of ten (10) single-family dwelling building sites, and none have been reserved for future development. The parcels, which are shown on the attached Location Map, are located at 1620 Princess Anne Road (GPINs 2412-06- 7578, 2412-06-6198 and 2412-05-6708) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,011,690. This price is the equivalent of approximately $16,200 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.93% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.93%without the further approval of the City Council. The City has matching funds available for this purchase through the Virginia Department of Agriculture and Consumer Services ("VDACS"), pursuant to an agreement between the City and VDACS, authorized by this Council on February 2, 2016 (RES-03773). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption Submitting Departmen _ !ency: Agriculture Department D City Manager:116:4, - 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM 1907, LLC (62.45+/-ACRES), 2)THE ISSUANCE BY 4 THE CITY OF ITS CONTRACT OBLIGATIONS IN THE 5 MAXIMUM PRINCIPAL AMOUNT OF $1,011,690, 3) 6 TRANSFER OF FUNDS TO PURCHASE U.S. TREASURY 7 STRIPS,AND 4)REQUEST FOR REIMBURSEMENT FROM 8 THE VIRGINIA DEPARTMENT OF AGRICULTURE AND 9 CONSUMER SERVICES 10 11 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 12 'Ordinance ), Appendix J of the Code of the City of Virginia Beach, there has been 13 presented to the City Council a request for approval of an Installment Purchase Agreement 14 (the form and standard provisions of which have been previously approved by the City 15 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 16 the City Attorney's Office)for the acquisition of the Development Rights(as defined in the 17 Installment Purchase Agreement) on certain property located in the City and more fully 18 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 19 $1,011,690; and 20 21 WHEREAS, the aforesaid Development Rights shall be acquired through the 22 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 23 compliance with, the requirements of the Ordinance; and 24 25 WHEREAS,the City Council has reviewed the proposed terms and conditions of the 26 purchase as evidenced by the Installment Purchase Agreement. 27 28 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. The City Council hereby determines and finds that the proposed terms and 32 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 33 Agreement,including the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance,and the City Manager or his designee 35 is hereby authorized to approve, upon or before the execution and delivery of the 36 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 37 balance of the purchase price set forth hereinabove as the greater of 2.93%per annum or 38 the per annum rate which is equal to the yield on United States Treasury STRIPS 39 purchased by the City to fund such unpaid principal balance; provided, however,that such 40 rate of interest shall not exceed 4.93%unless the approval of the City Council by resolution 41 duly adopted is first obtained. 42 43 2. The City Council hereby further determines that funding is available for the 44 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 45 the terms and conditions set forth therein. I II 46 3. The City Council hereby expressly approves the Installment Purchase 47 Agreement and, subject to the determination of the City Attorney that there are no defects 48 in title to the property or other restrictions or encumbrances thereon which may, in the 49 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 50 Manager or his designee to execute and deliver the Installment Purchase Agreement in 51 substantially the same form and substance as approved hereby with such minor 52 modifications, insertions, completions or omissions which do not materially alter the 53 purchase price or manner of payment, as the City Manager or his designee shall approve. 54 The City Council further directs the City Clerk to affix the seal of the City to, and attest 55 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 56 incurrence of the indebtedness represented by the issuance and delivery of the Installment 57 Purchase Agreement. 58 59 4. The City Council hereby elects to issue the indebtedness under the Charter 60 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 61 the indebtedness a contractual obligation bearing the full faith and credit of the City. 62 63 5. The City Council hereby authorizes the transfer of $515,962 from the 64 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 65 (302), and the City Manager is empowered to transfer sufficient additional funds or return 66 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 67 to purchase the United States Treasury STRIPS as described in the Installment Purchase 68 Agreement. 69 70 6. The City Council hereby authorizes the City Manager or his designee to seek 71 reimbursement from the Virginia Department of Agriculture and Consumer Services for up 72 to fifty percent(50%) of the reimbursable costs incurred by the City for acquisition of the 73 Development Rights. 74 75 Adoption requires an affirmative vote of a majority of all members of the City 76 Council. 77 78 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 79 , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: , oAgriculture Department Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF-FUNDS: ( 1116-1(V1/4 Director o Finance City Attorney's Office 2 I I I I CA13597 Avbpov.com1DF311AppIkalions1CityLawProdlcycom321W pdocs00111P015100049813.DOC R-1 Date: April 20, 2016 3 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO.2016-139 SUMMARY OF TERMS SELLER: 1907,LLC, a Virginia limited liability company PROPERTY LOCATION: 1620 Princess Anne Rd(GPINs 2412-06-7578,2412-06-6198 and 2412-05-6708) PURCHASE PRICE: $1,011,690 EASEMENT AREA: 62.45 acres,more or less DEVELOPMENT POTENTIAL: 10 single-family dwelling sites(0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.93%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.93%without approval of City Council. TERMS: Interest only,twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: WA ownership may not be transferred(except for Estate Settlement Transfer)for one(1)year following execution and delivery of the IPA. / ----- ,., -— • - ' --. - - 1// f - - , .. —_ ,, *4041.4484. 18.88.48818044.84:8804.006\:4','; r---- ----„ ----- , w -o --T.-1 0, .- -...0 I-a in > 5• 0- „, I 73 n m -0 M co ., 0 0 6 `^ M ?c > 3 U rD i al ,,„ = = ..-- (I) ,-1. Z 4=• x > •• 0 I trl 0 -T N V co su M 4 I n 0_ 9? i-.1 Z TD i>/ •• G) 0 N 'CI (17 4 i...k Z GI N " o V 0 6 N., 4 co 57) 1... , ------...., al 1,v p., ' • Oi ' " 0 / / (0 CO 9/ Ni VI CO / 1 / 1 ill . I / I 0 / ' -...., n D. -1 0 _, / 1 ________ Li Z > 12/.----------4' ---- *- . . '-'-'"''s".."-"---'""---•'*-,--_..„.,..,......._........„...„_ / f' 1 ,,� •�., lli� i 1 _Y„ /go 7, Li c/ 64...R APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring ti the City the Ci y Council Such a board, commission, or other body appointed applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning .Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 6 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). 0 APPUCANT NOTIFIED OF HEARING DATE O. NO CHANGES AS OF DATE: COI REVISIONS SUBMITTED DATE: 1.111 viienitieselt 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 54 Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.r (A) List the Applicant's name:_ __i_ L- If an LLC, list all member's names: 1 c/z ----------------if a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's If an LLC, list the member's names:______—_—_--_ --__-- Page 2 of 5 • aite ThighisBeach., If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation? See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest In the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles? See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject Qf the, application or any business operating or to be operated on the Property. If the answer to any Item Is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 . .. . ltirgiriia.Beach YES NO SERVICE PROVIDER(use additional st+eets if needed) (�I Accounting and/or preparer of J E..c a , t -Jc- 7r your tax return o e.....)0.4-4,04.,,c. d • '. Architect/Landscape Architect/ p" Land Planner Contract Purchaser(If other than [�. ,a the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed EDp purchaser of the subject property t..,� (identify purchaser(s)and purchaser's service providers) 0 EConstruction Contractors [� [f Engineers/Surveyors/Agents Financing (include current a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 'r7 r V LA LC-WESO Q Legal Services ,,,ion-tx- 0..4 Real Estate Brokers/ 171 N, Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El ip contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4of5 Virgltlf=loch ..n. .. .. • CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Applitatijpa.. 'p�krtra F CxcR-,ia. .,APPI1/41TIS S1 NATURE . ' PRINT NAME DATE - 4,,vc PER>'Y Q � CJ y i 111 lJF PRO OWNER'S SIGNATURE PRINT NAME ` DATE Page 5 of 5 /r ! I fi,,w. Gi} fin >, y CITY OF VIRGINIA BEACH AGENDA ITEM L ITEM: An Ordinance Granting a Franchise to Strategic Art Solutions, LLC, to Allow the Decoration of Lifeguard Stands and Storage Boxes in the Resort Area and Other Areas MEETING DATE: May 3, 2016 • Background: Strategic Art Solutions, LLC, ("Strategic Art") has proposed an extension of Project LifeguART (the "Project"). The Project makes lifeguard stands and beach rental storage boxes into functional artwork. The Project was initially approved two years ago, and the Resort Advisory Committee endorsed extending the Project for two additional years at its April 7, 2016, meeting. As proposed, the Project will focus at the Resort Area, but it could be expanded to include the North End, the 57th Street Beach, Croatan Beach, and Sandbridge Beach. • Considerations: This item seeks to renew the Project using the same terms as the initial term. Strategic Art will be required to coordinate designs with the City's Arts and Humanities Commission and all public safety related matters with the Department of Emergency Medical Services. Additionally, Strategic Art would need to further coordinate with the City's lifeguard services vendor, Virginia Beach Lifesaving Service, Inc., and the City's beach equipment rental permittee, Sunrise Beach Services, LLC. If Strategic Art desires to include advertisements or acknowledgments of sponsors, the franchise agreement requires preapproval from Zoning. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. A public hearing is required, and it will be held on May 3, 2016. Notice of that hearing was advertised in the Beacon on April 17, 2016, and April 24, 2016. • Attachments: Ordinance; Summary of Agreement; Disclosure Recommended Action: Adopt Ordinance y Submitting Departmen ency: Strategic Growth Area fit City Manager: 1 AN ORDINANCE GRANTING A FRANCHISE TO 2 STRATEGIC ART SOLUTIONS, LLC, TO ALLOW THE 3 DECORATION OF LIFEGUARD STANDS AND STORAGE 4 BOXES IN THE RESORT AREA AND OTHER AREAS 5 6 WHEREAS, the Strategic Art Solutions, LLC, ("Strategic Art") has proposed to 7 extend Project LifeguART (the "Project") for an additional two years. 8 9 WHEREAS, the City Council has provided a public hearing to receive the public's 10 input on the Project; 11 12 WHEREAS, the Project will include the Resort Beach and the possibility of the 13 North End, the 57th Street Beach, Croatan Beach, and Sandbridge Beach; 14 15 WHEREAS, the franchise for the Project would require Strategic Art to coordinate 16 designs with the City's Arts and Humanities Commission and all public safety related 17 matters with the Department of Emergency Medical Services; 18 19 WHEREAS, Strategic Art would need to further coordinate with the City's 20 lifeguard services vendor, Virginia Beach Lifesaving Service, Inc., and the City's beach 21 equipment rental permittee, Sunrise Beach Services, LLC; 22 23 WHEREAS, City staff consulted with the Resort Advisory Commission ("RAC"), 24 and the RAC endorsed the extension at its April 7, 2016, meeting; and 25 26 WHEREAS, the City staff recommend awarding franchise to Strategic Art. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the City Council hereby grants a franchise to Strategic Art Solutions, 32 LLC, to undertake a program to make lifeguard stands and storage boxes into 33 functional artwork pursuant an agreement with the City. 34 35 2. That the City Manager, or designee, is hereby authorized to execute a 36 franchise agreement with Strategic Art Solutions, LLC, consistent with the 37 attached Summary of Terms, attached and incorporated hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Lab Emergence edical Services Cu tural Aff.irs APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ill Strategic Growth Area Office ity ttorney's Office CA13721 R-1 April 21, 2016 Summary of Terms Franchise- LifeguART Franchisee: Strategic Art Solutions, LLC Nature of Franchise: Project LifeguART: the Franchisee seeks to commission artists to paint lifeguard stands and storage boxes to create functional public art. Service Area: Resort Area Beach. Permissive to include North End, 57th Street Beach, Croatan Beach, and Sandbridge Beach with the mutual agreement of the City and Franchisee. Term: One year, with one possible renewal year. Franchise Fee: One dollar. The Franchise Fee does not include any payment required by Virginia Beach Lifesaving Services, Inc., or Sunshine Beach Services, LLC. Operational Criteria: The following are requirements of the Franchise: 1. Franchisee shall coordinate with Virginia Beach Department of Emergency Medical Services for all issues related to public safety. Expressly included herein are any public safety messages currently provided to beachgoers and the street name on the lifeguard stands. Any costs associated with fulfilling this requirement shall be the responsibility of the Franchisee. 2. The Arts and Humanities Commission, Public Art Committee, pre-approval is required for all paintings of lifeguard stands and storage boxes. 3. The permission provided by the franchise is subject to the Franchisee coordinating with Virginia Beach Lifesaving Services, Inc. and Sunshine Beach Services, LLC. 4. Any structural alteration of a lifeguard stands, including adding wheels, requires the preapproval of Virginia Beach Emergency Medical Services. 5. Preapproval from Zoning is required for any advertisements (sponsors or otherwise) that are incorporated into the design/art. 6. The sponsors must be consistent with the family nature of the Resort Area. To wit, sponsors shall not include groups or businesses that promote or sell alcohol, tobacco, gambling, sexually explicit or pornographic materials, violence, illegal drugs, or attacks on ethnic, racial or religious groups. The City Manager or designee shall resolve any dispute regarding the acceptability of any sponsor under this criterion. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits with City named as additional insured. Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. I II DISCLOSURE STATEMENT FORM 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Zfir t11,c.�.`Laas t Z SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES I NO SERVICE [PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include 0 Er lending/banking institutions and current mortgage holders as applicable) 0 EY Legal Services dBroker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. f.d ii ,/ lila7/ APPLICANT'S SIGNATUR' PRINT NAME DATE {{4 fit ."y .,'y a) `L� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Three Franchise Agreements for Open Markets in the Public Right-of-Way MEETING DATE: May 3, 2016 • Background: City Council adopted an ordinance on June 25, 2013 granting three franchise agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. (trading as Old Beach Green Market) and Old Beach Art Market to operate open air markets in the public right-of-way in the 600 block of 19th Street ("Premises"). The franchise agreements had a term of one year, with the option for two additional one-year extensions. Old Beach Farmers Market, Eco Maniac Company, Inc. and Old Beach Art Market (collectively, "Franchisees") operated open air markets in the public right-of-way from 2013 until 2016. • Considerations: The Franchisees recently requested to continue using the public right-of-way for open air markets for an additional one-year period with the option for two one- year extensions. The term of the proposed franchise agreements will be one year, commencing on June 1, 2016 and ending at midnight on May 31, 2017, on each Saturday during the months of June 2016, July 2016, August 2016, September 2016, October 2016 and May 2017, with certain specified Saturdays excluded because of special events in the Resort Area. The franchise agreements authorize the Franchisees to operate on the Premises on the third Saturday of each month during the months of November 2016, December 2016, January 2017, February 2017, March 2017 and April 2017. The franchise agreements may be renewed for two additional one-year periods, upon the mutual written agreement of the City and the Franchisees. A prior version of this item would have authorized the City, at its sole discretion at any time during the term of the franchise agreements, to relocate the open air markets to the 600 block of 18t" Street. Based on public feedback, the relocation provision was removed from the ordinance and franchise agreements. • • Public Information: A public notice was published in The Beacon on April 17, 2016. This item was originally scheduled for April 19, 2016, but it was deferred to May 3, 2016. • Attachments: Ordinance, Disclosure Forms, Summary of Terms Recommended Action: Adopt Ordinance �- Submitting Dep 4 ent/ Resort Management Office /� ency: SGA City Manager: ��, it 1 AN ORDINANCE GRANTING THREE 2 FRANCHISE AGREEMENTS FOR OPEN 3 MARKETS IN THE PUBLIC RIGHT-OF-WAY 4 5 WHEREAS, City Council adopted an ordinance on June 25, 2013 granting three 6 franchise agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. 7 (trading as Old Beach Green Market) and Old Beach Art Market to operate open air 8 markets in the public right-of-way in the 600 block of 19th Street; and 9 10 WHEREAS, the franchise agreements had a term of one year, with the option for 11 two additional one-year extensions; and 12 13 WHEREAS, Old Beach Farmers Market, Eco Maniac Company, Inc., and Old 14 Beach Art Market (collectively, "Franchisees") operated open air markets in the public 15 right-of-way from 2013 until 2016; and 16 17 WHEREAS, the Franchisees recently requested to continue using the public 18 right-of-way for open air markets for an additional one-year period with the option for 19 two one-year extensions; and 20 21 WHEREAS, the term of the proposed franchise agreements will be one year, 22 commencing on June 1, 2016 and ending at midnight on May 31, 2017, on each 23 Saturday during the months of June 2016, July 2016, August 2016, September 2016, 24 October 2016 and May 2017, with certain specified Saturdays excluded because of 25 special events in the Resort Area; and 26 27 WHEREAS, the franchise agreements also authorize the Franchisees to operate 28 on the Premises on the third Saturday of each month during the months of November 29 2016, December 2016, January 2017, February 2017, March 2017 and April 2017; and 30 31 WHEREAS, the franchise agreements may be renewed for two additional one- 32 year periods, upon the mutual written agreement of the City and the Franchisees. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH: 36 37 1. That the City Council hereby authorizes the grant of three franchise agreements 38 for open markets in the public right-of-way for Old Beach Farmers Market, Eco 39 Maniac Company, Inc., and Old Beach Art Market. 40 41 2. That the City Manager, or designee, is hereby authorized to execute Franchise 42 Agreements for open air markets with Old Beach Farmers Market, Eco Maniac 43 Company, Inc. and Old Beach Art Market in accordance with the attached 44 Summary of Terms and such other terms and conditions deemed necessary and 45 sufficient by the City Manager and in a form approved by the City Attorney. 46 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: */4_ . .c=e&a-e/4- Strategic Growth Area Office City Attorney's Office CA13717 R-3 April 7, 2016 I i Summary of Terms Franchise Agreements for Open Markets in the Public Right-of-Way Franchisees: (1) Old Beach Farmers Market; (2)Eco Maniac Company, Inc.,trading as Old Beach Green Market; and (3) Old Beach Art Market. Nature of Franchise: Operate open markets in the public right-of-way in the 600 block of 19th Street. Term: June 1, 2016 through May 31, 2017,with the option for 2 one-year renewals. Franchisees are authorized to operate on each Saturday during the months of June 2016, July 2016, August 2016, September 2016, October 2016 and May 2017, except for the following Saturdays: 1. Saturday, June 18, 2016 2. Saturday, September 3, 2016 3. Saturday, October 29, 2016 4. Saturday, May 6, 2017 5. Saturday, May 13, 2017 6. Saturday, May 20, 2017 Franchisees are authorized to operate on the third Saturday of each month during the months of November 2016, December 2016, January 2017, February 2017, March 2017 and April 2017. Franchise Fee: $100 for the term. Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Franchisee shall design the open air market site to allow for emergency vehicle access at all times. b. Franchisees shall pay all costs associated with street closures, including, but not limited to, equipment and personnel costs. c. Franchisee shall submit a traffic control plan, including locations of detour signs and barricades, for the City to review and approve. Streets shall be closed by Franchisee using Type III barricades, as defined in the Manual of Uniform Traffic Control Devices. Franchisee shall provide all Type III barricades. Franchisee shall supply proof that it has obtained the proper number of Type III barricades needed to comply with the terms of this franchise. Type III barricades shall extend completely across the street and its shoulders or from curb to curb. Where access is provided through the Type III barricade, Franchisee shall be responsible for ensuring proper closure of the barricade. d. Franchisee shall adhere to the operational parameters and public safety concerns established by City departments, including, but not limited to, Police, Fire, EMS, Public Works and Resort Management. This includes providing adequate DCJS certified private security personnel or certified traffic monitors, as required. e. Franchisee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the premises, or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. f. A minimum of three waste disposal containers and three recycle containers shall be installed by Franchisee on the premises. g. Franchisee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits. Termination: City may terminate agreements with or without cause. 1 11 1 I I Virginia Beach t DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, .commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 t The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 a SECTION 1 / APPLICANT DISCLOSURE 0 Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or 4 I FOR CITY USE ONLY/All disclosures must be updated two f2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 1 13 APPLICANT NOTIFIED OF HEARING DATE' I CI NO CHANGES AS OFDATE: a_ REVISIONS SUBMITTED DATE: urow other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members,tC1� trustees, partners, etc. below: (Attach list if necessary) �. 1) S ;ee4or Pa3;tte•A , Laity 14(016,12/ IV itsPjt&Al 1 10140 'I� j1 e*St.i i# J ,'J�Ci.1''j�ti`le...)) V /) Mho:mcr Te✓t Thal �j/y J�►CIC;i•-• i-e r.(tt)q-}' f l - Oreo, k 'i dC Eve...c• {� /I-- (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Ci ‘"&Jr&Stift) OU(t.X. ,,._ 11/14v2 ( -- See next page for information pertaining to footnotes and 2 4 ! SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prosterty owner is different from Applkan . Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. tr.Check here if the PROPERTY OWNER (S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) cC2,L-s i its-0 (1)0,s"k-0 ,u.ra- , VAk br Co -cam-•—S (B) List the businesses that have a parent-subsidiary l or affiliated business entity 2Nr�el'atitonship with the{Property Owner: (Attach list if necessary) a Le-AV) k7r.ZrI.-- Qs (6, ZO k Sa;„. '. — lid G ri 0 'i The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ivy fr Virginia Beath 1 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code§ 2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (II) a controlling owner in one entity is also a controlling owner in the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities? See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be opej-axed on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO r SERVICE —1 I PROVIDER(needed sheets ii i ❑ Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)- Identify purchaser _and purchaser's service providers Any other pending or proposed O purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O Construction Contractors ❑ 0 Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. II f 1 '^O� Beath Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers /Agents for ❑ current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what is the nature of the interest? CERTi FICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or 9etindfj y publi b or committee in c ng i n ' is,Ap•lication. APPL ;NATURE PRINT NAME DATE f . ( i 1 / PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. (i Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page l of 4 ❑ - • `th'Y;t 1: A/13 Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) ( /d 4,c,c,i 1Y)67k, f-- liUN —IhJY ic�h� � �..� 0---y / it/ ) —7=i / )/a. - Kidz re 7--e)^_ (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE � Complete Section 2 only if property owner is different from Applicant. 1- Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) 617 0 I VY1t.144.0f-'66t (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) i\-) \ The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. bcd? 11,` � ¢, 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES PROVIDER (use additional sheets it • I NO i SERVICE needed) Q j Accounting and/or preparer of your tax return y Architect /Landscape Architect/ Land Planner Contract Purchaser (if other than El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ff [2C Construction Contractors [y Engineers /Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 110 Virginia Beach Financing (include current U I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / Agents for ❑ current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. (vi fre 2 y `77/9-Y4_o1c_ `-//slit, APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. i li Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board * 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 34 Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/AP d sciosi F.s mist bF pciatfd Two (21+.{geek- pro to any Page 1 of 4 €ial,;pric Commission and (Dr>Co!uo{1€ me tine that €eDain= '..0 flu. u:,o Latio,1is�, 0 APPLICANT NOTIFIED OF HEAii€NG DATE. ❑ NO CHANGES AS OF DA-1E 1l 0 REVS€?SNS SUR €TTLt DATE r Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) CIVICf11110- -i' airs i+ (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) ECO ntlisac ICDiv Orl`/ j U_—C gC o rla o IC,c. Co G n i t L C ! A OICL1CcA 6teri, flic r See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Li Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 t SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) I Accounting and/or preparer of your tax return r i Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than nsi, the Applicant)- identify purchaser and purchaser's service providers // Any other pending or proposed 0 1,/t purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 0 /K Construction Contractors ri Engineers / Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. C A Virginia Beach Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ""):z Legal Services Real Estate Brokers / Agents for ❑ current and anticipated future sales of the subject property , • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin. of any p flit body or committee in connection with this Application. a6\54!)("--rA aill I 1 lil16 ° APPLICANT'' IGNATURE PRINT NAME ISA PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I I 1 O � 4tis =xis CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding within the FY 2015-16 Schools Operating Budget and the Green Run Collegiate Charter School Fund MEETING DATE: May 3, 2016 ■ Background: At its April 5th meeting, the School Board adopted a resolution requesting that City Council approve transfers among various classifications within the School Operating Fund and the Green Run Charter School Fund. Because the requested transfers are between the major classifications, City Council approval is required. • Considerations: The School Board's resolution requests the following transfers, totaling $1,809,133, within the School Operating Budget and Green Run Collegiate Fund: o $32,000 from the Instruction Classification to the Administration Classification; o $145,000 from the Instruction Classification to the Transportation Classification; o $1,500 from the Instruction Classification to the Operations and Maintenance Classification; o $742,244 from the Instruction Classification to the Technology Classification; o $3,750 from the Administration Classification to the Technology Classification; o $51,584 from the Transportation Classification to the Operations and Maintenance Classification; o $25,000 from the Operations and Maintenance Classification to the Instruction Classification; o $759,958 from the Operations and Maintenance Classification to the Technology Classification. o $21,461 from the Technology Classification to the Instruction; and o $8,636 from the Technology Classification to the Operations and Maintenance Classification; and o $18,000 from the Green Run Collegiate Fund — Instruction Classification to the Technology Classification. The Schools budget remains balanced, and this transfer will not change total appropriations for Fiscal Year 2015-16. The purpose of the transfer is to enable purchases of computer supplies, iPads and cases, printers, monitors, projectors and parts, access points, software licenses, instructional supplies, classroom tables and furniture, server, scanners, telecommunication, eLearning books, laptops, laptop carts, salaries, stipends, FICA, vehicle replacement, and screening system hardware. • Public Information: Information will be communicated to the public through the normal Council agenda process. • Attachments: School Board Resolution; Ordinance Submitting De' • ' m - , .ency: Virginia Beach City Public Schools City Manager: `.:=ice, 11 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN 2 THE FY 2015-16 SCHOOL OPERATING BUDGET AND 3 THE GREEN RUN COLLEGIATE CHARTER SCHOOL 4 FUND 5 6 WHEREAS, the School Board requests, by resolution adopted April 5, 2016, a 7 transfer of funds from various classifications in the School Operating Fund and the 8 Green Run Collegiate Charter School Fund for: computer supplies, iPads and cases, 9 printers, monitors, projectors and parts, access points, software licenses, instructional 10 supplies, classroom tables and furniture, server, scanners, telecommunication, 11 eLearning books, laptops, laptop carts, salaries, stipends, FICA, vehicle replacement, 12 and screening system hardware. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That $1,791,133 is hereby transferred within the FY 2015-16 Schools Operating 18 Budget in the amounts set forth below: 19 20 1. $32,000 from the Instruction Classification to the Administration Classification; 21 2. $145,000 from the Instruction Classification to the Transportation 22 Classification; 23 3. $1,500 from the Instruction Classification to the Operations and Maintenance 24 Classification; 25 4. $742,244 from the Instruction Classification to the Technology Classification; 26 5. $3,750 from the Administration Classification to the Technology Classification; 27 6. $51,584 from the Transportation Classification to the Operations and 28 Maintenance Classification; 29 7. $25,000 from the Operations and Maintenance Classification to the Instruction 30 Classification; 31 8. $759,958 from the Operations and Maintenance Classification to the 32 Technology Classification. 33 9. $21,461 from the Technology Classification to the Instruction; and 34 10. $8,636 from the Technology Classification to the Operations and Maintenance 35 Classification. 36 37 BE IT FURTHER ORDAINED THAT: 38 39 $18,000 is hereby transferred with the FY 2015-16 Green Run Collegiate Charter 40 School Fund from the Instruction Classification to the Technology Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPRO D AS TO LEGAL SUFFICIENCY: Budget d'Management Services) City A ey s Office CA13734/ R-1 /April 19, 2016 School Board of the City of Virginia Beach ^ Daniel D.Edwards,DIstrict 2-Kempsville Chair 1; VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Beverly M.Anderson,At-Large,Vice Chair Sharon R.Felton,District 6-Beach School Administration Building#6,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Joel^.McDonald,District 3-Rose Hall P.0.Box 6038 Ashley K,McLeod,At-Large Virginia Beach,VA 23*56 Kimberly A.Melnyk,District 7-Princess Anne (757)263-1000 Carolyn T.Rye,District 5-Lynnxa,en MISSION STATEMENT Elizabeth F.Taylor,At-Large The Virginia Beach City Public Schools,in partnership with the entire community,will Leonard C.Tengco,District 1-Centerville empower every student to become a life-long learner who is a responsible,productive Carolyn D.Weems,District 4-Bayside and engaged citizen within the global community. Aaron C.Spence,Ed.D.,Superintendent - __--- - ___ ___--- RESOLUTION REGARDING FY 2015-16 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS,the City of Virginia Beach,Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach,Virginia by major Category;and WHEREAS,�he �chuo| A�minimraUunho�determinedthatanumberofmhon|sanddepanmen��have�pendinOnpedothatmquire categorical/fund transfers to cover costs such as:computer supplies,iPads and casesprinters,monitors,projectors and parts,acces points, software licenses, instructional supplies, classroom tables and furniture, server, scanners, telecommunication, eLearning books, laptops,laptop carts,salaries,stipends, FICA,vehicle rep|acemenc, screening system hardware; and WHEREAS,the following budget transfers are recommended by the School Administration: * $18,000 from Green Run Collegiate(GRC)Fund 104-Instruction to GRC Fund 104-Technology | | • $32,000 from Operating Fund 115-Instruction to Operating Fund 115-Administration ° $145,000 from Operating Fund 115-Instruction to Operating Fund 115-Transportation • $1,500 from Operating Fund 115-Instruction to Operating Fund 115-Operations&Maintenance o $742,244 from Operating Fund 115 Instruction to Operating Fund 115-Technology • $3,750 from Operating Fund 115-Administration to Operating Fund 115-Technology • $51,5840nmOpemtinAFund �1� Tran�pn�ahon�oOpemh"ApundI1S'Ope,adon�Qw1aintenance • $25,000 from Operating Fund 115-Operations&Maintnance to Operating Fund 115-Instruction • $759,958 from Operating Fund 115-Operations&Maintenance to Operating Fund 115 Technology • $21,461 from Operating Fund 115-Technology to Operating Fund 115-Instruction • $8,636 from Operating Fund 115-Technology Category to Operating Fund 115 -Operations&Maintenance;and WHEREAS,these transfers are also necessary to appropriately expense and account for these cross-categorical expenses;and WHEREAS,transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW,THEREFORE,BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above;and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor,each member of the City Council,the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 5th day of April 2016 SEAL Daniel D.Edwards,Chairman Attest: Dianne P.AlexanderClerk of the Board ° I '1\ r ( 1 gSl CSL k � CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $300,000 to Continue the Baby Care Program and to Continue Authorization of Grant-Supported Positions MEETING DATE: May 3, 2016 • Background: The Virginia Beach Department of Public Health has been awarded $900,000 ($300,000 for 3 years) from The Landmark Foundation to implement Baby Care, a maternal-child health program. The Chesapeake Health Department has provided this program for over 10 years. A statistical analysis of Chesapeake's program demonstrated significant improvements in birth outcomes for prenatal women enrolled in the program. Outcomes included a 67% reduction in infant mortality, a 78% decrease in extremely low birth weight infants and a 67% reduction in extremely premature infants. Baby Care is a nurse directed, home visiting, case management program serving at risk maternity and pediatric clients from birth to age two. The Medicaid population would be the primary client base for these services. Other referrals for high risk clients would be considered. City Council appropriated the initial $300,000 on February 3rd, 2015, for year one of the grant. This item would continue the grant for year two, including re-authorizing the 5.76 FTE's that support Baby Care and other routine program costs. • Considerations: This grant provides $300,000 per year for three years to fund the Baby Care program in its entirety. There is no local match requirement for this grant. If the grant does not continue after the three year initial term, the City of Virginia Beach is not obligated to support this program. ■ Public Information: Public information will be provided through the normal Council Agenda Process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval p , Submitting Department/Agency: Virginia Beach Department of Public Healtf ' City Manager: IL it 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $300,000 TO CONTINUE THE BABY CARE PROGRAM 3 AND TO CONTINUE AUTHORIZATION OF GRANT- 4 SUPPORTED POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) That $300,000 is hereby accepted from the Landmark Foundation and 10 appropriated, with estimated revenues increased accordingly, to the FY 2015-16 11 Operating Budget of the Public Health Department for the second year of a three year 12 Baby Care Program; 13 14 2) That 5.76 FTEs including three full-time registered nurses, one full-time 15 administrative staff member, one part time (0.76 FTE) administrative staff member, and 16 one full time outreach worker are approved and maintained in the FY 2015-16 17 Operating Budget of the Public Health Department; and 18 19 3) That the 5.76 FTEs authorized herein are contingent upon future funding 20 of this grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t /I1\1 • Budget and management Services Cit s Office CA13733 R-1 April 15, 2016 I I I n NIA BF,, AJ...,�'``w'+sy�rt R, S�sS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from GEICO for Every 15 Minutes Program MEETING DATE: May 3, 2016 • Background: The Police Department has partnered with GEICO for several years in support of the Every 15 Minutes Program. Every 15 Minutes is a two-day program held at local high schools to give students a realistic look at the consequences of drinking and driving. The program includes a mock crash scene complete with emergency first responders, including Police, Fire, and EMS. A select group of students participate in an overnight retreat, and then join all juniors and seniors for an assembly the following day. Video footage of the crash is presented to students, and they listen to speakers that have been affected by drinking and driving. GEICO is a primary sponsor of the Every 15 Minutes Program and has provided $3,000 to be used for related expenses. • Considerations: This funding provides $3,000 to be used for the Every 15 Minutes Program This program is not funded through the Police operating budget and would not occur without GEICO's support. Items funded include moulage makeup, hotel rooms, t-shirts, and meals. There are two events planned for 2016. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departme• ' gency: Police Department /--CL - ATC--- City Manager. I 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS FROM GEICO FOR THE 3 EVERY 15 MINUES PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $3,000 is hereby accepted from Geico and appropriated to the FY 2015-16 9 Police Department Operating Budget for the Every 15 Minutes Program to increase 10 awareness of the consequences of drinking and driving. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: DQII . ' + J �� Budget and Management Services C ey's Office CA13731 R-1 April 14, 2016 i I. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BUILDING CODE BOARD OF APPEALS —Plumbing & Mechanical HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION I i I J. UNFINISHED BUSINESS K. NEW BUSINESS L. 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 ****************************** 5/3/16st