MAY 3, 2016 MINUTES ,�,111�;BEAC S
I
� . �,
4 -404
�ft
Lit OUH ::W
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 3, 2016
Mayor William D. Sessoms, Jr., called to order the City Council Reconciliation on the FY 2016-2017
RESOURCE MANAGEMENT PLAN (Budget) in the City Council Conference Room, Tuesday, May 3,
2016, at 4:00 P.M.
Council Members Present:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
2
CITY COUNCIL RECONCILIATION
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
ITEM#65902
4:00 P.M.
Mayor Sessoms advised City Council received his and the Vice Mayor's Reconciliation letter dated April
29, 2016, re: FY 2016-17 Operating and Budget CIP Reconciliation—REVISION 1, a copy of which is
attached and made a part of this record. The Mayor acknowledged Councilman Moss'request to present
an `Alternative Budget".
Councilman Moss praised City Council for responding to the needs of employees and special requests
from various interest groups. The one interest group that the City has not been responsible to is the
families who are below the median family income. In fact, those same families' real disposable income
has fallen over 7.5% over the past decade. Councilman Moss read the attached letter aloud and is
hereby made a part of this record.
Council Lady Henley expressed concern regarding Recruitment and Retention of EMS personnel. As she
has stated in the past, Blackwater does not have a viable Rescue Squad and, as such, the Southern part of
the City is left with only one (1) career medic posing a real liability for the City. Her concern is what will
happen when there is an accident with multiple injuries. Also, she is surprised and wants to express
concern with the City not tracking response times for the different parts of the City. As everyone knows,
the response time would be significant from Sandbridge Fire Station to an accident in Blackwater.
May 3, 2016
o
( City of Vara 7"ll 13e�ch
t lsa_ p : '-
99ks �'
OF DUR
VBgov.com
WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)3854581
FAX(757)426-5699
WSESSOMSEIVBGOV.COM
April 29, 2016
Members of City Council
Subject: FY 2016-17 Operating Budget and CIP Reconciliation—REVISION 1
Dear City Council Members:
After lengthy discussions with you and listening to the public input at the various public meetings, town
halls, public hearings and via email, we would like to recommend adopting the Operating Budget and
CIP with the following adjustments:
1. For our dedicated city and school employees, we suggest two changes from the Proposed Operating
Budget:
a. For school employees, leadership from both the Schools and City have developed a plan to bring
school employees' pay increase up to 3.34%, which is comparable to city employees. This is
possible as a result of additional funding through the City/Schools Revenue Sharing Formula
($1,280,440) and additional State revenue of$1,204,913 million.
b. For city employees, $850,000 is set aside to address vertical salary compression which exists
when subordinates make more money than the supervisor. This is the first year of a two year
phase-in.
2. Provide$362,877 for 4 career medics citywide.
3. Provide$302,294 for 4 fire fighters to the Creeds and Blackwater areas of the city.
4. $40,000 for additional Emergency Medical Technician Training with supplies and equipment.
5. Provide $302,294 for 4 additional firefighters at Little Neck Station 20 to complete four men on a
truck staffing of single apparatus stations.
6. Restore city funding at FY 2016 levels for the Atlantic Waterfowl Museum ($13,033) and for the
Lifesaving Museum ($14,908).
7. Restore $165,721 to increase the hours of the City owned historic homes and funding for historic
preservation efforts (includes restoration of 2.47.FTEs):
a. Historic Preservation: provide 0.47 FTE to increase staff support to the Historic Preservation
program and increase funding by$25,000 for operating costs.
b. Historic Homes: provide 2.0 FTES (part-time employees) to increase the operating hours at the
city-owned historic homes and increase funding by $89,000. In order to try and increase
attendance at the historic homes we recommend eliminating the general admissions fee at the
homes,but retaining admissions for special events.
8. Increase the funding for the Arts and Humanities Commission by $25,000 to address the increased
demand for art grants through that program.
9. Restore library books and materials to its FY 2016 level ($105,651).
10. Provide $20,000 to the Parks and Recreation Foundation as a grant for the Students on the Swim
program to match the School System's $20,000.
11. Provide a$50,000 grant to the Feed the Kids program.
12. Provide a$75,000 feasibility study grant for the African American Cultural Center.
13. Provide a$12,000 grant to the Men of Faith Program.
14. Increase funding by $372,657 for the Planning Department to hire 2 new HVAC Inspectors with
vehicles and 2 new Development Project Liaisons to help citizens and businesses navigate the
development and permitting processes.
15. Create a CIP project 3-115 "Judicial Center Maintenance" to address maintenance needs of the
Judicial Center supported by a $2 increase in the Courthouse Maintenance Fee assessed for each
civil action filed in court($254,678).
16. Reduce the Residential Parking Fee for employees from $20 a month to $10 a month per City
Council action in April (revenue decrease of$91,438) and offset the loss of revenue by lowering a
parking maintenance reserve and the professional services account.
17. Increase funding to the Museum of Contemporary Arts (MOCA) by $50,000 to support their art
exhibit, Turn the Page: The First Ten Years of HI-Fructose.
18. Increase funding to the Virginia Arts Festival by$15,000.
19. In addition to the funding sources identified in specific appropriation adjustments above, the
following funding sources have been identified to offset the appropriations above:
a. After review of the State's estimate for this revenue as well as recent trends, we recommend
increasing the estimate of General Sales by$1,513,166.
b. Based on final General Assembly action, increase 599 State Aid to Localities with Police
Departments by$346,031.
c. Reduce funding to the Hampton Roads Economic Development Alliance by $28,431 per the
revised agreement with this agency.
d. Redirect the$1 million reserve set aside to address changes as a result of the State budget mainly
for final numbers associated with the City/Schools Revenue Sharing Formula.
e. Reduce General Fund Reserve for Contingencies by $889,680 and various department overtime
accounts by$279,567.
The details for the funding sources and the adjustments are identified on the attachment. We recommend
adoption of the Virginia Beach Public School's FY 2017 Operating Budget as a lump sum appropriation
rather than by categories. We have discussed this issue with the School Board Chairman and the
Superintendent and are comfortable with the School's internal accounting controls to make this
recommendation.
In addition, the General Assembly is mandating us through language in the Adopted State Budget to
advance the merit date from January 1St to December 1 tt, to ensure that employees of Constitutional
Officers and local support state employees receive their pay increase in-line with the anticipated state
employee pay increase of 2% scheduled for December 1. While the city is proposing a pay increase of
2.34% on July 1, this issue is complicated by the fact that the State does not count the 1% VRS pay
increase adjustment as applying to the state pay increase of 2%. The other remaining 1.34% portion of
the proposed July 1 pay increase will count towards the increase. For Constitutional Officers and local
support state employees, 0.66% of what was previously the proposed 1% merit will be considered a
general increase in pay on December 1, while the other 0.34% will apply as a merit increase based on
the midpoint of the range(as the 1%merit will be applied for city employees). We proposed moving the
merit date forward by a month, so we do not treat our local employees differently than those supported
by the state. We have been advised that this change can be absorbed within the overall compensation
funding.
We want to thank the public who came out to the various town hall meetings and public hearings to
offer their comments on the FY 2016-17 Operating Budget and CIP as well as staff for their efforts to
provide answers to our various questions. If you have any questions, please contact us directly.
Sincerely, 4r
""kai 4.1solv
William D. Sessoms,Jr., Mayor Louis R. Jones, Vice Mayor
Attachment
CITY
Revenue Appropriations
1 HREDA reduction $ (28,431)
2 Fund 4 Paramedics citywide $ 362,877
3 Provide 4 firefighters at Creeds and Blackwater $ 302,294
4 Fund 4 Fire Fighters for Company 20 Little Neck $ 302,294
5 Provide 2 Permits and Inspections HVAC Inspectors(and vehicles) $ 166,287
6 Provide 2 Development Services Center Project Liasons $ 206,370
7 First of Two Years for City Vertical Compression $ 850,000
8 Restore Libraries Books and Materials $ 105,651
9 Restore Funding for Atlantic Wildfowl Museum $ 13,033
10 Restore Funding for Lifesaving Museum $ 14,908
11 Restore Hours for City Owned Historic Homes and Historic Preservation(2.47 FTEs) $ 165,721
12 Provide a grant for Students on the Swim to be matched by School System $ 20,000
13 Provide a grant to Feed the Kids $ 50,000
14 Provide a Grant to the African American Cultural Center $ 75,000
15 Provide a Grant to the Men of Faith Program $ 12,000
16 Increase Arts and Humanities Funding $ 25,000
17 Increase funding to the Museum of Contemporary Arts(MOCA) $ 50,000
18 Increase funding to the Virginia Arts Festival $ 15,000
19 Increased Training for EMTs $ 40,000
20 Eliminate Reserve for State Budget Reconciliation $ (1,000,000)
21 Increase Estimate for General Sales $ 1,513,166
22 Increase Estimate for State 599 Funding $ 346,031
23 Transfer Final School Funding Formula $ 1,280,440
24 Increase Estimate for Courthouse Maintenance Fee by$2 per Civil Charge $ 254,678
25 Transfer Courthouse Fees to CIP 3-115"Judicial Center Maintenance" $ 254,678
26 Residential Parking Permit Reduction($20 to$10 a month) $ (91,438)
27 Reduce Parking Maintenace Reserve($28,497)and Professional Services($61,941) $ (91,438)
28 Reduce General Fund Reserves for Contingencies $ (889,680)
29 Reduce Overtime $ (279,567)
Total Change in City Budget $ 2,022,437 $ 2,022,437
SCHOOLS
Revenue Appropriations
29 Schools-Transfer from School Funding Formula $ 1,280,440
30 Increase Compensation to 3.34% $ 2,485,353
31 Increase State Revenue $ 1,204,913
32 Fund Balance School Textbook Fund $ 776
33 Increase Appropriations School Textbook Fund $ 776
Total Change in Schools Budget $ 2,486,129 $ 2,486,129
G1N1A BE
City of Virginia Beach
♦fes.-.�.�a
r,
y 9•E Z
r
099
S�F.OUR ?Ow
May 3, 2016 VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE MOSSJOHN@COX.NET
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
The joint letter of 29 April 2016 entitled "FY 2016-17 Operating Budget and CIP Reconciliation
— Revision 1"from our peers Will and Louis reaffirms my belief that when this body is motivated and
cares we are always able to find the money for what a majority collectively value. I want to believe that a
majority of us collective value the owners/investors of our local government - our employer, and
empathize with the financial stress they are under.
This is not my first or my last communication that advocates that this City Council mitigate to the
extent possible the harsh impact of two decades of stagnant real wages for private sector employees, low
interest saving rates on seniors, rising drug prices on seniors, and no cost of living adjustments for
retirees.
It is clear that the City Manager's budget recommendation and the referenced reconciliation
letter addressed all the special interest groups that have lobbied us in one form or another for a greater
share of the taxpayers'money.
The one collective voice request so far unanswered is that of the average resident who petitioned
us at the public hearing for just a token recognition of the financial struggle they have been enduring
year after year, as city spending continues to increase. We were asked to adopt a revenue real estate tax
rate for the FY 16-17 of 96.7 cents per hundred in lieu of the 2.3 cents increase per hundred dollars of
assessed value (2.4 percent increase) by residents at the public hearing not advocating for a special
interest.
It would be a collective failure on our part and a demonstrative explicit statement of indifference,
if a governing majority of this body foregoes the opportunity to adopt a revenue neutral real estate tax
rate of 96.7. The former fiscally prudent rate requires finding a relative insignificant offset of
$12,095,654 out of an approximate $2 billion dollar budget or 0.006047827[approximately six-tenths of
one percent]. Surely the intellectual talent and business acumen that enable us to give a 3.34 percent
raise to city and school employees and be responsive to other special interest groups'requests could be
applied to giving our residents a cost avoidance raise of 2.4 percent [adopt the State code revenue
neutral real estate tax rate of 96.7 cents].
There are many ways to generate an offset of$12,096,654 from the City side of the budget and
hold the schools harmless. There is no doubt that it is on the City side of the operating budget where the
acceptable risk can and should be taken. It would be less than responsible not provide an executable
option for this body's collective consideration. The attachment provides how the required offset of
$12,096,654 could be achieved.
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
Page 2
While there is much goodness in the draft budget at its current status of maturity as we evolve
towards a vote on May 10, 2016, it falls short of being the budget we should adopt.
A proposed budget for our adoption on May 10, 2016 that fails to recognize and partially
mitigate the financial stress that our residents and businesses are experiencing is fatally flawed, and in
my judgment not in keeping with our fiduciary duties inherent to our oath of office.
I have every expectation that each of us as stewards of the public purse and advocates for our
residents against the natural insatiable appetite of any government for more and more resources to give
benefit of the doubt to families and businesses to keep more of what they earn.
It is the important that the voters understand that we as a Council have the fiscal capacity to also
give them a raise too, it is only a matter of our will to meet the voters' rightful expectation of our
collective judgment and behavior.
I have not purposefully addressed a complete realignment of "light rail resources," leaving that
engagement to a post November 8, 2016 discussion. Depending on the voters collection judgment on the
referendum question and the individual council races the way ahead will either be deterministic or wide
open. The option of a partial realignment for the purpose of this budget cycle is available to us without
prejudice to long-term potential obligations.
I trust the common ground can be found to enable us to collectively address the expectations of
all stakeholders in our community.
Warm regards,
John D. Moss
cc: Virginia Beach's Delegation to the General Assembly
City Manager
City Attorney
City Clerk
Media
Council Member At-Large John D. Moss's
Revenue Neutral Real Estate Tax Rate of 96.7 cents per hundred dollar of assessed value
FY 16— 17 Combined City and School Budget
Adjustments to the City Manager's Budget Recommendation and
Complimentary to the Mayor's and Vice Mayor's Reconciliation Letter
of April 29, 2016 to provide Virginia Beach
Families and Businesses a 2.4 percent Real Estate Tax Rate Relief
Revenue Neutral Real Estate Tax Rate Alternative
General Fund Impact of 96.7 cents real estate tax rate: $12,096,654
(2.3 cents reduction of the City Manager's proposed
increase to 99 cents to adopt the State Code revenue
neutral real estate tax rate of 96.7 cents)
Option to Offset: Cum offsets
1. Adopt 2%lapse rate for General Fund positions: $6,087,308+^
2. General fund new positions funded at six months:
a. In Manager's proposed budget 605,642 $ 6,692,950
b. Reconciliation letter 525,079 7,218,029
3. Eliminate 4th Deputy City Manager, associated
Executive assistant and other costs 325,180 7,543,209
4. Eliminate car allowances 157,000 7,600,209
5. Reduce new vehicle procurement 1,000,000 8,600,209
6. Open Space Redirect MultiModal 2,589,264 11,189,473
7. ARP Redirect MutliModal (?) 1,788,053 $12,977,526
"Mean daily vacancy rate across just overt 7,000
budgeted positions on the City side is just under
is approximately 3.5 percent. Therefore a 2 percent
lapse rate funds budgeted positions in aggregate
1.5 percent greater than actual historically
expenditures.
Net General Fund Impact: +/- $ 880,872
CBD TIF Impact of 96.7 cents real estate tax rate: $ 161,150
Sandbridge TIF Impact of 96.7 cents real estate tax rate: $ 213,220
The Net General Fund impact of$880,872 provides trade-space within the potential offsets
identified, to restore the impact on the CBD TIF or the Sandbridge TIF directly or indirectly
or add to the reserve for contingencies.
Certainly there are other offsets that could be proposed by each member of City Council for
collective discussion. The common goal of treating Virginia Beach residents with the same
favorable consideration we have given city and school employees can be reached by many
combinations of offsets. The above is an executable option for adoption or modification by
substitution with other offsets.
Attachment A
Council Member John D. Moss's letter of 3 May 2016 to Council peers
I p I
3
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA)
USE AND SUPPORT AGREEMENT
ITEM#65903
4:23 P.M.
Mayor Sessoms welcomed City Manager David L. Hansen. Mr. Hansen expressed his appreciation to
City Council for their continued support. Mr. Hansen advised their presentation has been updated from
the one City Council received in their Friday Council Packet. In addition, City Council received a letter
regarding: VB SPSA Board Member Positions on Use and Support Agreement which is incorporated
into this record. At the April 27, 2016, SPSA Board Meeting, May 13, 2016, was designated as the
"drop-dead"memberships date to join:
SPSA Update
to
Virginia Beach City Council
Post 2018
USE & SUPPORT AGREEMENT
May ',2014ij,0 y
trIA Da4e Hansen
Below is the background regarding SPSA. It is important to note, the City is the only one in the SPSA
membership that has a landfill:
Background
• Sorrentino closed session briefing 20 Oct 2015
— Use&Support Agreement drafting and review
• 50 year horizon
• Regional landfill alternative
• Cell 7 CUP
• Host agreement
Regional Disposal RFP(adjusted for SPSA expenses)
'•
Bids received 15 Jan 2015
+ SPSA Land t4$02,($$737)
Repower South LLi $S13,s1 l$56.52)°
Republic services v$70.07 72,722}
wheetabratorWTE $81.30($78.72}
May 3, 2016
4
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA)
USE AND SUPPORT AGREEMENT
ITEM#65903
(Continue)
Virginia Beach City Council Resolution
January 19, 2016
• Virginia Beach would support continued SPSA
participation subject to the following principles:
- Long-term solution,
—Regional landfill expansion in Suffolk via Cell 7
—Good Neighbor Agreement with Suffolk
— Commercial waste included
• These"principles were not new concepts;
leaching backdto 2013 nt th the CAO working group
1
During theFe March 2015 draftin 7of`the U
The SPSA Board met April 27, 2016, and passed the "Good Neighbor Agreement" (GNA) with Suffolk as
well as the Regional Use and Support Agreement. The Use and Support Agreement passed by SPSA did
not include the Amendments requested in the January 19, 2016, Resolution passed by this City Council.
The GNA is key for the Suffolk City Council to entertain the expansion of Cell VII:
SPSA Board Meeting—April 27, 2016
• SPSA approves Good Neighbor Agreement(GNA)with Suffolk-
Regulating SPSA Regional Landfill(in Suffolk)
— GNA can be terminated if Suffolk does not approve landfill expansion by
12/31/17 which eliminates long term capacity
• SPSA also approved regional Use and Support Agreement w/o
amendments requested by Virginia Beach
— Document that binds each locality to SPSA
— Term:15-year if RePower is successful,otherwise defaults to nine years
(snatching existing capacity of the regionalklandfill—cells V&VI),
-'Member�iocalities mutt deliver 00 MSW toSP A transfer stations.and..
paySPSA dis osal(tipping/fee as 4
e posal lfee set lAW 'a hand Waste Autt�o�Act{set to cover costs ,`
—"SPSA'mustreceive MSW and dIsP�se of in acc rtc wi#h all taws
i egulations,and other commitments
• SPSA Board establishes 1 May 2016 as the;"In or Out"date for
members to commit to the post 2018 SPSA
May 3, 2016
5
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SER VICE AUTHORITY(SPSA)
USE ANSUPPORTAGREEMENT
ITEM#65903
(Continue)
SPSA adopted the Good Neighborhood Agreement and is working on the application for the CUP
application, City Staff recommends dropping the requested amendment below:
VB Amendment to USA:
Milestones for CUP for Cell 7
• Asked to terminatew/o penalty if application for landfill
expansion not submitted by SPSAPI
NLT Oct 2016,or if not
approved by Suffolk NLT June 2017
• GNA requires SPSA to submit application by December 2016.
SPSA may.terminate GNA if application not approved by
December 2017
• Adopted Use and Support Agreement does not allow for early
termination absent a significant financial penalty
• As the GNA has been approved and SPSA is working ort•the
Cup application we recommend dropping this amendment
request.
SPSA refused the long-term solution requested in the January 16, 2016, Resolution; however, the Use and
Support Agreement adopted contains language that will reduce the term should RePower not be
successful. As such, City Staff recommends dropping the requested amendment below:
VB Amendment to USA:
Term of Agreement
• Council Resolution requested a long term agreement(50 year
solution)
• Because SPSA members refused to agree to a long term
solution we asked for an Initial 15-yr term regardless of
disposal method
The adopted USA has an initial 15-yr term and a'one time 10
year unilateral option with RePower(25 years)
• If RePower is not successful,term.defaults to ni�eyear;s
(matching existing capacit r of the regiona landfill in Saffolk—
cells 1 andVI)`
Recommend we drop this ameor cell "request as SPSA ~'
appears to be pursuing a CUP for Cell 7
May 3, 2016
I �
6
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA)
USE AND SUPPORT AGREEMENT
ITEM#65903
(Continue)
SPSA refused the City's request for an environmental premium cap on the cost of alternative disposal
methods not to exceed 8% more than the regional landfill alternative. Again, City Staff recommends
dropping the below requested amendment as the costs of RePower and landfilling are nearly equal:
VB Amendment to USA:
Tipping Fee
• Requested an environmental premium cap on the cost of
alternate disposal methods not-to-exceed 8%more than the
regional landfill alternative
— Request arose due to concerns with respect to viability of
the alternate disposal technology chosen by SPSA(RePower)
• SPSA Board declined to consider amendment.
-- If RePower is unsuccessful;the SPSA alternative will default
to the re ional landf`ll
• Recommende'drop thisfalte eative,as hecosts of RePower
an ndfillin a early equ l nd the contract with RePower
has stric ost escalation-controls
City Staff recommends the City remain committed to the amendment below for the City's participation in
SPSA:
VB Amendment to USA:
Commercial Waste
• Requested the USA commit to accept Commercial Waste
— Will not subordinate its commitment to members
— Member fees will not subsidize commercial rates
— Strive to provide same quality level of service
— Alleviate waste disposal burdens which members would otherwise be
required to manage
• Requires SPSA Strategic operating Pian be modified-from"may"
to"will"provide services to commercialcustomers
• SPSA‘VOte4t0 tinclude VA B ach's nested amendment In,
the Use and •'' ;Agreement ,
2S, indicated it would a dr s mercial waste Irl the uture, uGmade
no t inding commitment
SPSA Chairman stated he did not have time to get to t=
• Recommend we remain committed to this amendment for our
participation
May 3, 2016
7
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA)
USE AND SUPPORT AGREEMENT
ITEM#65903
(Continue)
Below is an overview of the SPSA and RePower Process:
SPSA — RePower Process
• MSW=>separate recyclables=>process what's left into fuel
pellets,landfill residual(30%)
• Multi-component process. Various components are operational
abroad and in the U.S.,but nothing comparable to this,
• Company principals have extensive experience in waste industry
and recycling,but have not done this before
• A facility in Montgomery,AL has used some of the same
technology.. That facility experienced issues and closed last fall
9 C
3 p G i
Below is an overview of the Agreement between SPSA and RePower:
SPSA— RePower Agreement
• The agreement is complex but would indicate that RePower is
taking most of the risk and that SPSA may terminate for non-
performance
• Much of the agreement language is"cut and paste"from the
Montgomery,Alabama contract which was reported to have
been problematic for both sides
• RePower needs private financing,which requires an assured
MSW;streajii-VA Beach's stream is important
• SPSA guarantees 350,000,tons of solid waste perr ear
• tf
prthe s I"and Supporr
ue ent Is nr ite i aed-ntriy t
wouldRee'oenrnat PSsnt extension
May 3, 2016
8
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA)
USE AND SUPPORT AGREEMENT
ITEM#65903
(Continue)
SPSA Governance Model
• SPSA consists of eight jurisdictions with equal voting
authority
• Virginia Beach(pop 451,000)to Franklin(pop 9,000)
• Virginia Beach with 38%of the population
(contributing one-third of MSW and SPSA revenue)
controls 13%of the vote split between two board
members
• Franklin,Southampton and Isle of Wiht,pombine for
5% the popul ion,but co trot 38%ofthreuvote
• fit+ as dra#te lasappro a bn 27 Aprr)12016 by
1 .ofthe�1 numbers p sen` e �
It is necessary for City Council to adopt a Resolution regarding SPSA at the May 10, 2016, Special
Formal Session:
10 May 2016 CC Meeting
3 Alternative Decisions
1. Authorize USA as proposed by SPSA
• Does not guarantee SPSA takes commercial waste
• Does not guarantee SPSA board approves constructing Cell 7
2. Authorize amended USA that includes commercial
solid waste
•.Puts acceptance back on SPSA
• Could default City to AlternatIve 3
3 Walk a a from PSA and pursue i de endent'
disposa method
• Solicit/'ceiv!e proposals from private haulers,re ycleks,and existing
unite-to-energy facilities
• VA Beach Landfill(short or long-term solution)
• Pursue access to the transfer stations or construct a new one
az.
May 3, 2016
9
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE A UTHORITY(SPSA)
USE AND SUPPORT AGREEMENT
ITEM#65903
(Continue)
Below is the Staff's Recommendation:
Recommendation
• Draft Resolution for 10 May 2016 meeting
• Authorize CM to sign an amended USA that
incudes commercial solid waste
—Commits to remaining:a regional,member of'SPSA
—Allows SPSA to commit to the RePower contract so
that RePower<cen pursue it's financing
}protects our mall an d;disadvantaged:haulers
A` oils uptick in iliege'dumpin
Discussion and Direction
Below is a list of the SPSA Board of Directors:
Southeastern Public Service Authority
Board of Directors
Ex-Officio Members Appointed by
Appointed'by Governor Individual Municipality
Cite of Chesapeake Mr:Marry A Woodap,Jr. City of Clxaapeake Mr.Eric 1.Martin,Pb
Chairman city of Franklin >.Mr.H.Tay
krc Williams,
City of Frmtkhut Mr.Evens C.Williams,Jr. '" Es diens
lair of Wight Cormty Mr.Ray W.Cbeawn :Far of Wight County Mr.Mark C.Popavich
City of Noribik Mr.Donald Wilkama +, ty Norfolk„ Mr.t'rchard Broad
City of Ponwttoa[lt. Mr.C.W."LaEn"McCoy Coyiof PoJeamoutlt =,MT.�Clterao D.
Cordal
Southamp .Caunry Mr.Mark it.Hodges, -
Chairman; Sout atmpton Catauy." ':Mr MSI W.JoMwa
City of Suffolk' Mr David L Arnold City of Svfblk Mr Patrick Roherfa
CO ofYtrgiaia Beach Mr,Willimn A..Sot City `a r �a ten .John
ExecutiveDirector( AO)t: Rowland L.Taylor f.
A4
Mayor Sessoms expressed his appreciation to the City Manager and the entire Team for a job well done.
May 3, 2016
' II
ati4`, h•
04c7 211
C0‘141A 13E4
ity of Vir¢i n�a Beach
9,9�s OF OUR NA.00-
VBgovcom
OFFICE OF THE CITY MANAGER MUNICIPAL CENTER
(757)-385-4242 BUILDING NUMBER 1 ROOM 234
FAX(757)427-5626 2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9001
May 3, 2016
The Honorable William D. Sessoms, Jr., Mayor and
Members of City Council
SUBJECT: VB SPSA Board Member Positions on Use and Support Agreement
Dear Mayor and Councilmembers;
Attached you will find correspondence from Virginia Beach's two SPSA board members stating
their positions regarding the new Use and Support Agreement. Our board members are William
"Bill" Sorrentino, Governor-appointed, and John Barnes, City Council-appointed member.
At the April 27,2016 meeting the SPSA board established May 13, 2016 as the must approve
date for members to decide whether or not they wish to remain committed to SPSA in the post
2018 era. In an effort to create a workable post 2018 SPSA and reduce risks this process and the
subsequent decisions are complex and difficult. Today we will present a discussion on the issues
and I will provide a recommendation. I wanted you to have our SPSA board members thoughts
as we formulate our City position in advance of your decision on 10 May.
aike -sp- y,
rielitaw
David L. Hansen
City Manager
DLH/mrg
Attachments(2)
SORRENTINO
CONSULTING
Your PROJECT DELIVERY Experts
— —._--_---.____-- May 3, 2016
917 Marshall Circle
Virginia Beach,VA 23454
The Honorable William D. Sessoms, Jr.
The Honorable Members of City Council
City of Virginia Beach
Dear Mayor Sessoms and Members of City Council,
The purpose of my letter is to impart my thoughts to you regarding the
Southeastern Public Service Authority (SPSA) proffered Use and
Support Agreement that will be discussed at the City Council meeting
this evening.
While I would like to be with you to personally share my thoughts on
this subject, I am unavoidably out of town on business.
By way of background, I am the Governor Appointee on the SPSA
Board, nominated by Virginia Beach and a forty year resident of our
city. I am a Commonwealth of Virginia Professional Engineer and a
Project Management Professional.
Last October I had the privilege of briefing you and the members of
City Council on the progress SPSA was making in producing a Use and
Support Agreement that would take effect in January 2018. That
briefing generated a City Council Resolution that was sent to SPSA in
January 2016 that laid the basis for Virginia Beach to participate in a
regional waste management solution.
Unfortunately, and to my displeasure, the SPSA leadership refused to
acknowledge and act on the resolution. When I pressed for action by
the SPSA Board, the SPSA Board Chairman dismissed my concerns.
Additionally our City Manager sent a note to the SPSA Executive
Director further detailing the particulars that would allow the City of
Virginia Beach to sign the Use and Support Agreement, and therefore
remain a part of the SPSA regional solution. No action was taken by
the SPSA leadership regarding the City Manager's proposal.
SPSA believes that the best course of action for Municipal Solid Waste
(MSW) disposal is to enter into a contract with Repower South who
believes they can transform communities by delivering a huge portion
of MSW away from landfills and recycle that material into pellets to be
burned for energy. I think SPSA is wrong.
Based on the briefings I have received and my conversation with the
owner of a similar plant that failed, I believe that Repower has a low
probability of getting financed and a low probability of actually
working. You may recall from my previous briefing that essentially 100
percent of the risk of financing, building, and operating rests with
Repower, but it is the Use and Support Agreement that would bind us
to SPSA with unbridled escalation, a costly termination clause, and no
long term solution when Repower fails, and no consideration for
commercial waste.
Our City Manager has proposed alternate language for the Use and
Support Agreement that protects the interest of our citizens. I
encourage you to allow the City Manager to sign the Use and Support
Agreement, with the amendments proposed, and transmit the
amended agreement to SPSA for action.
While I can only hope that the SPSA leadership will accept the
revisions, you should be prepared to execute an alternate plan that
does not include being a member of SPSA.
Sincerely,
William A. Sorrentino, Jr. P.E., PMP, DBIA
President & CEO
CF: Dave Hansen, John Barnes
0 Your PROJECT DELIVERY Experts
2
00A-13 .c
o ��.
City of Virginia Beach
6)+,4 42.
rr
4-
OF Aj OUR No-
VBgovoom
DEPARTMENT OF PUBLIC WORKS 3024 NojNn*043
WASTE MANAGEMENT DIVISION VIRGINIA BEACH,VA23453. 11
(767)385.6850
FAX(767)430-2861
TTY:711
INTER-OFFICE CORRESPONDENCE
DATE: May 2, 2016
TO: Dave Hansen, City Manager
FROM: 6a'John C. Barnes, Administrator,Waste Management Division
SUBJECT: SPSA Board Meeting Summation—January 2016
As the City's Ex-Officio SPSA Board Member, I am compelled to share my thoughts at this
critical juncture.
Virginia Beach, and the region, are at a cross road. SPSA was a bold experiment in regionalism
that started with great promise, failed miserably for a number of years, had to be bailed out by
member communities, but has rebounded to become a viable option for continued management
of the region's solid waste. SPSA sold the Waste to Energy plant, focused on core services,
and significantly reduced personnel. While tip fees are still high at$125/ton,they are stable and
predictable. SPSA has prudent reserves for such things as pending closure costs, and all debt
will be paid off on October 1, 2017, which is remarkable considering that SPSA was once
$250M in debt.
So what's the problem? Why hasn't Virginia Beach leaped at the chance to sign up for another
round of SPSA? SPSA leadership, specifically the Chairman of the Board and the Executive
Director, have blatantly ignored and delayed issues of critical concern to Virginia Beach and
other member communities.
The need to address a long term planning horizon, secure an agreement with Suffolk, resolve
the Cell VII CUP, and address commercial waste were repeatedly identified by Virginia Beach
Board members and staff before finally presenting them through a Resolution by the Virginia
Beach City Council on January 19, 2016. Even now, neither the Chairman nor Executive
Director have acknowledged the resolution and continue to resist at least some of the issues.
These issues are not pet projects for Virginia Beach. They are fundamental to the continued
success of SPSA.
TO: Dave Hansen, City Manager
SUBJECT: SPSA Board Meeting Summation—January 2016
DATE: May 2, 2016
Status of Concerns:
• Good Neighbor Agreement, including a Host Fee, is near complete. This is tremendous
credit to the City of Suffolk and those board members who worked on it. The Chairman
and Executive Director"worked"on this for a year with very little progress. Without
mention of the Virginia Beach Resolution, a subcommittee was formed at the Board
meeting after the resolution. The subcommittee did a prudent evaluation of the issues
and within three(3) months, developed a fair and appropriate agreement. The
subcommittee's chair had been one of the most ardent opponents, but supported and
helped craft the agreement once presented with a full account of the details. Had the
whole board been presented a full and balanced perspective on the Good Neighbor
Agreement, and rationale for a host fee, this issue could likely have been resolved a long
time ago and with much less controversy.
• Addressing the Cell VII CUP modification. Progress is only being made now because of
a board motion requiring the Executive Director to take action. The Chairman failed to
put this on the agenda as a board item for debate. However, Virginia Beach made a
motion, it was seconded, and the majority of the board members supported. Progress
has been made, but will take time. Based on the cooperative work done by the Good
Neighbor subcommittee, the opportunity to rezone a portion of the landfill property to the
proper zoning and to include borrow permits for Cells VIII and IX were also identified and
will be done. These items significantly support the concept of long range planning,
should have been identified by SPSA staff, and should have been done a long time
ago. Had this been done in a timely fashion, conditions associated with the new use
permit would be known and the uncertainty eliminated. Were it not for board action
independent of the Chairman, there would likely be no action on this critical item.
• Addressing commercial waste was requested to ensure that commercial waste haulers
have access to the services provided by SPSA at rates that are mutually beneficial so
that the region's businesses and industries continue to have access to competitive waste
disposal services. When pressed at the April Board meeting on what the plan will be for
commercial waste, the Chairman responded that it was always the intent to take
commercial waste, but he was busy and hadn't gotten to it. This stated position seems
disingenuous given that this was one of the concerns included in the Resolution and is
inconsistent with previous statements. Additionally, the Executive Director has also
been pressed on the issue both in person and in e-mail (see attached). The e-mail did
not get a response. The issue is also enough of a concern for the commercial haulers
within the area that the president of Virginia Waste Industries Association wrote a letter
dated April 20, 2016. That letter was also not acknowledged at the April board meeting.
TO: Dave Hansen, City Manager
SUBJECT: SPSA Board Meeting Summation—January 2016
DATE: May 2, 2016
The recourse methods for these types of performance concerns with an employee or a
contractor would be fairly straight. But this is not a regular employee or contractor relationship.
SPSA is a "single purpose governmental organization." SPSA is a cooperative of sorts. The
advantage is the potential for reduced cost through economy of scale and unnecessary
duplication. The disadvantage is a lack of control. The Use and Support Agreements effectively
binds the member communities, but performance of the organization is dependent upon the
performance of the key players. The Executive Director must not only effectively run the
organization, but must perform the due diligence and thorough assessments necessary to
advise the board in a balanced, thorough, and timely manner. The board's role is to make
decisions and provide authority and guidance. The Chairman's role is to run the meetings so
that the board is able to make good, well informed, collective decisions. All member concerns
must be heard and addressed and the board makes the best collective decision they can based
on the information available. An effective chairman must also effectively navigate the inevitable
conflicts that occur with multiple perspectives and interests.
At the heart of failures in the original SPSA term was poor leadership and ineffective
governance. The Use and Support Agreement does not prevent poor leadership. Poor
leadership that is not addressed today has the same potential to undermine SPSA 2.0 as it did
the original SPSA. Shortcomings must be addressed. The Chairman of the Board does not
control SPSA; the chairman leads SPSA, all of SPSA and not just the parts he happens to
agree with. The Chairman should resolve conflict, not create it. The Executive Director serves
SPSA, all of SPSA and not just the Chairman.
The SPSA organization is fundamentally sound, the business plan is good, member
communities are as cohesive as they have been in years, if not decades, and all debt will be
paid off. SPSA can be a good option for Virginia Beach, and this should have been an easy
decision. However, the Chairman's and Executive Director's complete disregard for the
concerns expressed by Virginia Beach and others is completely unacceptable. Beyond
disrespect, it has eroded trust and introduced uncertainty.
If these shortcomings cannot be addressed then SPSA is likely to repeat prior failures. In that
case, it would be prudent for all to disassociate with SPSA. However, if as I believe is possible,
the necessary adjustments can be made, then SPSA is well positioned to serve its members
and the region well into the future.
JCB/Ig
c: Thom Leahy, Acting Deputy City Manager
Phillip A. Davenport, Director of Public Works
John C. Barnes
From: John C. Barnes
Sent: Friday, March 25,2016 3:09 PM
To: Rowland Taylor
Cc: Phil A.Davenport(PDavenpo@vbgov.com);Bill Sorrentino
Subject Commercial Waste
Bucky,
Two issues were identified in the January 19,2016 City Council Resolution as critically important to Virginia Beach that
had not been adequately addressed in the Post 2018 work to date. We are pleased to see progress being made on
resolving the Good Neighbor Agreement as well as progress on modifying the CUP for Cell VII. These issues are critical
to securing long term disposal options for the region.
However,the issue that has still not been addressed,or even mentioned since January,is commercial
waste. Commercial waste represents half of all the waste generated in the region. My understanding is that it is your
position that SPSA will not handle Commercial Waste Post 2018. This is a radical departure from the current business
practice and would have substantial impact on the commercial hauler market,will likely result in a proliferation of
transfer stations within the Cities,and most likely would miss an opportunity to improve operational efficiency and
reduce cost for the member communities. Additionally,this position not has been evaluated or adequately presented to
the board. This is needed to not only ensure the best business decision for the member communities but for Board
approval of such as significant change. Clearly,commercial customers would have to pay their way,and it would need
to benefit SPSA and its member communities,but again,that analysis has not been completed or presented to date.
Please clarify your position on this issue,identify the plan for addressing commercial waste and when will this take
place?
Thank you for your attention to this issue,
John
John C. Barnes
Waste Management Administrator
City of Virginia Beach
(757)385-4628
1
Virginia Waste industries Association
e chapter of the - - -MEI
National
Waste&Recycling
rallr r Associations.
mem} Coped.Recycle Innovate.
633 South Atlantic Avenue,Virginia Bosch,VA. 23451
April 20, 2016
Southeastern Public Service Authority Board of Directors
Regional Office
723 Woodlake Dr.
Chesapeake, VA 23320
Re: Potential action by SPSA to limit facility use by private haulers
Dear SPSA Board of Directors:
This letter is composed today as a re-introduction of the Virginia Waste Industries Association
(VWIA) to the Southeastern Public Service Authority(SPSA) Board of Directors along with our
position of opposition to any potential action that would limit or exclude the use of the SPSA
transfer and disposal network by private haulers in the marketplace.
The VWIA is a Chapter of the National Waste and Recycling Association and we represent
environmental management companies across the Commonwealth as well as in Hampton
Roads. Our members are proven leaders in the solid waste and recycling industry and have
long been recognized throughout the Commonwealth as subject matter experts. VWIA
member client portfolios include a broad range of private sector residential, commercial and
industrial customers as well as hundreds of cities and counties throughout the state.
Through this letter of re-introduction it is our hope that SPSA will recognize the VWIA as a
unique resource for industry specific feedback, input and design support as the
Tidewater/South Hampton Roads solid waste and recycling marketplace dynamics continue to
evolve.
Many of our member companies maintain viable and significant waste disposal volumes that
are critically important to consider and accept through the SPSA network. Exclusion of these
volumes will not only create large gaps in the private sector marketplace it will adversely
impact all of the SPSA represented communities with increased truck traffic, increased end
user costs and less efficient use of SPSA assets. These potential and likely unintended
consequences serve as our basis for the position of opposition noted earlier.
VWIA recognizes and understands the broad scope complexity that SPSA faces when
attempting to support the multiple and varied influences in the marketplace from both the
private and municipal sector. With that in mind, VWIA wishes to invite the SPSA Board of
Directors to engage in valuable and collaborative discussions with our Association and
members before moving forward with a decision to exclude certain volumes from the SPSA
network.
We believe that active and collaborative communication between SPSA and VWIA on this
topic can produce distinctly more positive outcomes for all entities involved, while limiting
potential pitfalls and negative effects on the marketplace.
On behalf of the Virginia Waste Industries Association, thank you for your time and
consideration with the items noted in this letter and we look forward to potential future
conversation or correspondence. Please feel free to contact Mr. Bob Kania—Chapter
Manager, via email at bkaniac wasterecvcling.oro or 757.621.3192 or me directly at
804.622.4182 with any questions or comments.
Sincerely,
Matt Terrell-Chairman
Virginia Waste Industries Association
10
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65904
5:27P.M.
Mayor Sessoms welcomed Carolyn Smith — Planning. Ms. Smith expressed her appreciation to City
Council for their continued support:
Virginia Beach
Planning Items
May 17, 2016 City Council Meeting
4 ,
No items were scheduled for May 3rd as the advertising requirement could not be met. Five (5) items are
scheduled to be heard on May 171":
SUMMARY - May 17th
Five Planning items are proposed for City Council's consideration.
1. City of Virginia Beach-Princess Anne District
• Change of Zoning(8-4 to P-1)
2. Hardee Realty Corporation-Rose Hall
• Change of Zoning(B-1 to B-2)
3. Folk City Tattoo-Rose Hail
• Conditional Use Permit(Tattoo Parlor)
4. 5668 Indian River Road,LLC-Kempsville
• Conditional Use Permit(Car Wash)
5. City of Virginia Beach
• An Ordinance to adopt the Comprehensive Plan
May 3, 2016
11
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65904
(Continued)
City of Virginia Beach
Council District Princess Anne
Location 2272 Old Pungo Ferry Road
• •
Change of Zoning from ti a
5-4 -Mixed Use District to Aar
P-1 Preservation District � s
AG. ,F
R
Planning Commission - ,'o� „„ � �
voted 11-0 to recommend ./6(11::A41o.j, , �
approval ., i1 �k, n;.ttu
Ac q jmaK
aG z--'I ,`--7,133-'° .:,7-7.;--.1Ae e +. '
AG.2. / .r � AG..,---;,-,,,-.;`)A°:.!
• '>*; tI`,6
r_._--y AG.t i
City of Virginia Beach
t•Cp55 CANAL
• In 2015,the City of Virginia Beach purchased the property , ,
using funds from the Open Space Acquisition Program and __••k't'` 4
the Agricultural Reserve Program.
• The City of Virginia Beach proposes to rezone the property w4
with the intent of converting the site to a public park, tsou n• -- 1 1 '
providing water access to the North Landing River.
. .;
.{""Yk .,'" 9 RR3 O ,„!,i,tis BgArz F O,. �.gym
$5,',':,: «� ate& - r� = ...41 `;;° . .i t x
May 3, 2016
12
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65904
(Continued)
Hardee Realty Corporation
Council District Rose Hall 2
Location 3590 Holland Road
Change of Zoning from d „i r " 7 ji
ji.. .
B-1 Neighborhood g "� r-Z,,EL3 .1§t1 .
Business District to 8-2 �j i ���
Community Business < a_r # 03r 7�
District I I /4-.,-,- -4,-1‹,444—jr• —
t k bs Lam" t «' '�
Planning Commission t.��
voted 10-1 to recommend
approval. A a � <B2 .. :
02' AL ;: B2
, � t i-ea,
Hardee Realty Corporation
• This is a request to change the zoning of
a 24,330 square foot parcel at the
northeast corner of Holland Road and , K �
Rosemont Road from B-1 Neighborhood
District to B-2 Community Business
District
• The owner has had difficulty leasing units •
within the shopping center due to the .� Y-•
limited retail and service uses allowed
under the B-1 Limited Business District 1,:nAt ,g G h€ I$
g
May 3, 2016
13
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65904
(Continued)
Folk City Tattoo, LLC
3
Council District Rose Hall
Location 3590 Holland Road
Conditional Use Permit forii' ,* x
a Tattoo Parlor
U .. .1 �� it ' b ,'a
Planning Commission a g�. m v z 1 #b
voted 11-0 to recommend
if. a,ah'c. ~ ; 'r
approval. 7i i � /ttmq .rt> "w
,�4u'"t � � 'fie ``�°� ii,,,
i,
,a,_ -� is .4 *�, ik '°. '"ffi} +ifsTil
i4.4
I ii i , irk, ., s l f _ :ter . �
Folk City Tattoo, LLC
Tattoo Studio
• This is at request fora Conditional Use Permit
fora Tattoo Parlor within a 675 square-foot
store front in the western-most unit within an
existing building. —_
(—'j 2 5lh s4ln,5? �I ,i , 9T tU
Is s i .,F o i oeo�i
€' ^+a
!`. l ;I ' I �[ /.
I �
li . / / i i
I
SHOP•
.+ _..
17
a ..,; _ _ ._„„ HOLLAND ROAD r
i 9 a TRAFFIC.FIT?4r
May 3, 2016
I II
14
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65904
(Continued)
5668 Indian River Rd, LLC
Council District Kempsville 4
Location 569 Central Drive
Conditional Use Permit for g y� �` � ` ��
aCarWash / ft s (,.. �
F
Planning Commission ➢ ;> ''r
voted 11-0 to recommend , -4046,
�
approval. '141
72,
5668 Indian River Rd, LLC
• Request is to demolish the currently vacant restaurant Fr'`
and redevelop the site with a car wash and 18 vacuum )
stations.
• The proposed elevation depicts a'colonial-style !S, ' LJ
building with brick veneer and a front-facing gable
'
G
� .+" L.'..•
iy! dillP3� '" :- z -
May 3, 2016
15
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65904
(Continued)
City of Virginia Beach
Ordinance to adopt the Comprehensive Plan 5
It's Our Future:A Choice City
Planning Commission voted
11-0 to recommend approval with
several revisions and
recommendations for further study.
`'sea ��. .
Several citizens appeared in
opposition expressing concerns _ ''°'` t,- »•�
related to issues surrounding the
mapping and designation of the ;
Seatack community.
CP
on Si VIRGINIA BEACH
COMPREHENSIVE PLAN Poke DowrnerS
Mayor Sessoms expressed his appreciation to Ms. Smith and the entire Department for their work.
May 3, 2016
16
CITY COUNCIL LIAISON REPORTS
ITEM#65905
5:36 P.M.
Council Lady Ross-Hammond advised Human Services offered "REVIVE!"a training course for opioid
overdose and naloxone education on April 12`". The training was well received and, as such, the
Department will host a second training on May 17`".
Also, Dannette Smith, Director—Human Services, is currently evaluating the assault incident from April
201" and gathering all of the surrounding facts and circumstances. The information will be provided at
the upcoming meeting with the Police Department and City Attorney's Office. The goal is to prevent any
future assaults in the building and the possibility of installing security cameras in the Human Services
buildings.
May 3, 2016
17
CITY COUNCIL COMMENTS
ITEM#65906
5:36 P.M.
Council Lady Wilson expressed her appreciation to all that supported in the "Cycle for Life" event this
past Sunday. The event was a huge success and she appreciates Mayor Sessoms coming out and
participating. The total raised is still being calculated but the initial estimate is over $255,000 with
approximately 500 participants this year.
May 3, 2016
18
CITY COUNCIL COMMENTS
ITEM#65907
(Continued)
Councilman Moss expressed concern regarding the Memo from the City Auditor concerning the Oyster
Heritage Program. When the City received the Audit from the Independent Auditors, Councilman Moss
acknowledged the numbers balanced but questioned knowing the processes are working well. He
received a Memo from former City Manager Spore stating "there is no reason but everything is working
well" and, now, we find out things were not working well. Councilman Moss requested a follow-up to
identify if this was a `process failure" or a `performance failure". There are focal points and
accountability within the Memo from Mr. Remias but he fails to state why the failure happened.
May 3, 2016
II
19
CITY COUNCIL COMMENTS
ITEM#65908
(Continued)
Councilman Davenport recognized Jim Joyner and expressed appreciation for all of the work and effort
in bringing the Intruder Monument to fruition. This monument will be a wonderful addition to the City.
May 3, 2016
II
20
CITY COUNCIL COMMENTS
ITEM#65909
(Continued)
Council Lady Ross-Hammond has received concerns regarding the lack of connectivity offered at Norfolk
Airport with International flights. The Dulles Air Staff refers to Norfolk as a "little airport". It is
prudent that we assure the Norfolk airport be upgraded and meet the needs of our economic development.
May 3, 2016
21
CITY COUNCIL COMMENTS
ITEM#65910
(Continued)
Council Lady Ross-Hammond advised Opal Cooper, with Parks and Recreation,for receiving the 2016
Safe Harbor award. This award is to recognize individuals, organizations and youth making a difference
in the lives of Hampton Roads'children while celebrating the importance of Arts in Education.
May 3, 2016
22
CITY COUNCIL COMMENTS
ITEM#65911
(Continued)
Council Lady Wilson congratulated Council Lady Kane for receiving the Hampton Roads Chamber of
Commerce Leadership Award for Small Businesses.
May 3, 2016
23
CITY COUNCIL COMMENTS
ITEM#65912
(Continued)
Council Lady Kane attended the Atlantic Dental Care's "Missions of Mercy" this past Saturday. Over
five (500) individuals received dental services that day from several `hundred Dentists. The Volunteerism
in the City makes her proud and is a huge part in why this is the "Greatest City in the World: "
May 3, 2016
24
CITY COUNCIL COMMENTS
ITEM#65913
(Continued)
Vice Mayor Jones, along with Council Lady Ross-Hammond, attended today's ground breaking ceremony
of the Tranquility Senior Citizen Home in Burton Station. Vice Mayor Jones stated it was very impressive
to see this need being realized.
May 3, 2016
25
AGENDA REVIEW SESSION
ITEM#65914
5:43P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
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 to 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 Association 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 execute 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)
May 3, 2016
26
AGENDA REVIEW SESSION
ITEM#65914
(Continued)
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 Technology
• $ 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
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#10
May 3, 2016
I EI
27
ITEM#65915
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Princess Anne District
Kempsville District
Beach District
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
May 3, 2016
28
ITEM#65915
(Continued)
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 5:44 P.M.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
(Closed Session 5:44 P.M. - 5:57 P.M.)
May 3, 2016
I
29
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 3, 2016
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 3, 2016, at 6:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Pastor Kevin Milcarek
Back Bay Christian Assembly
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to identi any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
January 13, 2015, is hereby made a part of the record.
May 3, 2016
30
Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank.
Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identiffing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly
review each City Council agenda to idents any matters in which she might have an actual or potential
conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
May 3, 2016
31
Item—VII-E
CERTIFICATION
ITEM#65916
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting. 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
1.01A.8E404,
oe ..dam'
2
OF OUR NMSIOH
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#65915 Page 28 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies
that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser, MMC
City Clerk May 3, 2016
32
ADOPT AGENDA
FOR FORMAL SESSION ITEM#65917
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 3, 2016
33
Item- VII-G.1
PUBLIC HEARINGS
ITEM#65918
Mayor Sessoms DECLARED A PUBLIC HEARING:
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
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 3, 2016
34
Item— VII--G.2
PUBLIC HEARINGS
ITEM#65919
Mayor Sessoms DECLARED A PUBLIC HEARING:
2. LEASE OF CITY-OWNED PROPERTY
3rd Street and Atlantic Avenue
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 3, 2016
35
Item— VII-G.3
PUBLIC HEARINGS
ITEM#65920
Mayor Sessoms DECLARED A PUBLIC HEARING:
3. PURCHASE AGREEMENT FOR THE ACQUISITION OF ARP
1620 Princess Anne Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 3, 2016
36
Item— VII-G.4
PUBLIC HEARINGS
ITEM#65921
Mayor Sessoms DECLARED A PUBLIC HEARING:
4. FRANCHISE OF CITY PROPERTY
Lifeguard Stands and Storage Boxes
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
May 3, 2016
I I
37
Item- VII-H
ORDINANCES/RESOLUTIONS
ITEM#65922
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT:Agenda Items 1, 2, 3a/b, 4, 5, 6, 7, 8a/b, 9, 10(MOSS VERBAL NAY), 1la/b, 12 and 13a/b.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
38
Item- VII-H.1
ORDINANCES/RESOLUTIONS
ITEM#65923
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 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"
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
1 AN ORDINANCE TO AMEND SECTION 1-3 OF
2 THE STORMWATER MANAGEMENT ORDINANCE
3 (APPENDIX D) PERTAINING TO THE DEFINITION
4 OF AGREEMENTS IN LIEU OF A STORMWATER
5 MANAGEMENT PLAN
6
7 SECTION AMENDED: Stormwater Management
8 Ordinance § 1-3
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 1-3 of the Stormwater Management Ordinance is hereby amended
14 and reordained to read as follows:
15
16 Sec. 1-3. Definitions.
17
18 In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater
19 Management Regulations, as amended, which are expressly adopted and incorporated
20 herein by reference, the following words and terms used in this Ordinance have the
21 following meanings unless otherwise specified herein. Where definitions differ, those
22 incorporated herein shall have precedence.
23
24 "Administrator"means the City Manager, or his designee(s).
25
26 "Agreement in lieu of a stormwater management plan" means a contract between
27 the VSMP authority and the owner or permittee that specifies methods that shall be
28 implemented to comply with the requirements of a VSMP for the construction or
29 demolition of a single-family residence; such contract may be executed by the VSMP
30 authority in lieu of a stormwater management plan.
31
32 . . . .
33
34 COMMENT
35
36 This amendment allows the use of agreements in lieu for single-family develop from just
37 construction to include demolition. This would allow for an easier process for single-family
38 development.
Adopted by the City Council of the city of Virginia Beach, Virginia, on the 3rd
day of May , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY:
tr- Cabltait MA
n ing Depa ' ent City Attorney's Office
CA13726
R-1/April 11, 2016
39
Item-VII-H.2
ORDINANCES/RESOLUTIONS
ITEM#65924
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the Town Center Special Service District (SSD) Fund to ADD
Parking and Open Air Café Franchise Revenues generated within the SSD
Voting: 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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 3rd day
of May , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
7/-le&Yae-e.
Strate•'- Growth Area Office Economic Development
APPROVED AS TO LEGAL SUFFICIENCY:
City Attor eyf Office
CA13581
R-2
April 7, 2016
ORD - 2 699
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
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
Al 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
Al 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
64 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:
//
1C"
Management Services City Attoil�-- ' s Cr' fice
5
EXHIBIT A
The Town Center of Virginia Beach
Proposed Special Service District
13 'iimmr.I1'Mh. . . . . . ...: 1.3
——h 1--� —____-...
�• :�, 1 i t•ui
IR q, firwwp.,.:„�o _1. {i• Jr nl1T17T'rn f rITifl u n I I f it-- , dPi
�1%. 5 ��• ' Z''!", ► ! ls' Jti" rj
01 ill0 511—..,-.--0111 p
i le f.
�. ',` ��FIs : _
OfH----I- O
TTgsuuiI.
i i•A : <i,•ji ti tii t'.�•e' ,A 7[:1-i'•, L �... M '. n
., rimmihmillilii:.;,•2,...
N • • ' t ���lLt--Ilillili
I = i-f1 -I� IIIIfI i 11 d ' r
• IJftFFFffFI1illi-I :
�1' l I� I E !1 I I� •/
COLUMB Immem
t. KELT--
Boundaries of the Proposed Special Service District
40
Item-VII--H.3a
ORDINANCES/RESOLUTIONS
ITEM#65925
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 25`"Street and the Boardwalk:
a. Ordinance to AUTHORIZE the City Manager to execute an Agreement
with the Intruder Association and the Hampton Roads Squadron, the
Association of Naval Aviation, Inc., re the construction, dedication and
maintenance of the Intruder Tribute Monument
Voting.• 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
' II
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 3rd day
of May , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
[kpoutr-
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.
INTRUDER TRIBUTE DESIGN
• ..,,,..;4-•::::1;,',,,,,,'''' f
,,,,,',-S-,i'J?i,•:'-r:''''''' .
.,.....
';',41•1 '..'s'''' - '
Alp ,
400,110f ••.,i J i',1Y1.,,,-, ,.` .,
,;•'''',' ,
••;;;-i.- -rl• /PP,
6•-•;-', „ () 2 (2...,...'4
•
".•.'4.S.' • • • '--
'1.6'Yill.°kT^A '•• • ....
IN''Ir,),.
A RI N r
SOU '1' D'rC)N'. -.
. ---1=,
..,-,.„•••• •
•,..0'',; -•,.,
0
0 )...1
... ,. ,
ENCLOSURE 3A
1 .
INTRUDER TRIBUTE PANELS
i 001
1•4 i f,'I. I I )k
,,.. . .
.......,•,4,..7„,....„. ...„,„,—......L.........,
___ _...„..
_...„..„.......
..... :_„:....,
,,,, i-TrispHri
_ ......
•*,...-: -- • . _ ,,,..4,-,t.
\A. 4',,' .• . .,,,v/ .3.,:-..114;i,,!: ,'...-.'' •-. ,.'..,,,. .-. ,7,,... .
c - '...,/ -.• '-e i: i. T- ,. . ,,,,,
. ....
...;„?.....
_ .
PANEL 1 PANEL 2
.10,- . . ,-...,_ • . ,...441"
, 4.,..... k
!.. ...,. -... (' .or
f . ,
... t-..... _.
..,,,
0 . . 0 .„... c.-4
.. ..
: _ '..,--,.11141111111117411t 414 1 VI .0.^-...q,,,--,„ ••-- –44*".-
• —
MAF:'INIT
..,:-.cjt_snOrOrv..
.. .
..,,
-. ''1:::1•.-10.44 ''..., •
...
: : ....,.,
. ,
PANEL 3 PANEL 4
ENCLOSURE 3B
W
I-
Z
X N
o W
ax
mN F- C
mZ CC
co_ W J
YCC z Z
Uw0 W
prZ
o 0
Nraa CC
OF / i ,LU
O
a 3 1117/Em
x
03
H w �-
xz
Al
J LL
U)0 fiO WCC
O
CO W H
¢cod
N J z Q 7 v,
w dx r
a
a H"' w
aaaww
_1 cc u) Q
ZOO w 1—
a o
a co I cc q
W Ti
vo
M Z to
i•
/ a
/( 1`a O U 0
AA
I N I
z z
O OWOa
II
xi
w
��0 / .b£ l
UU_m I-
C.)
w � z
UW
m
¢m C 0
WE 2z 0 0
7Z UW 0O 0
OLL J2 LL ■/— a
CO0
W F-Z U
<n0 ax
za�� wg Yom X11/
JZ ' WLL V03 .
W0x ( a0 paom Q
¢ui~ Hz �HU� 0
w
0_1- ¢°C .-W[00
YZw UH XM00 naNI
Z0J • 00 xOw� ¢ w al
ULL ioO W CO J W nU.
_
NIW - I • ~ CO b
„o� _I • w': I 0I
/.' \ Ijim 0 L__� I = N i N
I I LO
' a a
r____KI i z y m
_0 T O w v
_ n I I a �I
I I I-
<
C >� Z H c
c� - - ■ .a \Q\ , O a E
.a a- �>,a. • W a 0o0
MAI 33x: • w
.b • 4��pr1 O = 2 Z N M
'F Y4Ss• Z 2 N
I-
far/4
�2y�c ~ 0 ° ¢ CC U
�`' V w
ujH —�, bM W Z co w
co a
0 co w W W �.8 ..6 L�:a.,:`� Cl) a O z
U W w x 0 LA�L„ 0= Z 0 Z a
2U / H H
vi-I Z <UZ ,.0-.0I. 0 l} ..0-.l W ~ CO
O L1-1 CC �U O,
m_a LLw� Va H C444:•% Ug W o O 0 Y'
vai IL CC CO~SOF a� ` U ..$���4 �W G ° 0- 0 a ro a
wJw adz? lir Z Z �`e, n i\
.1x02 -0- a�w U 7�✓iR aQ Z 'ri€
Uw�� HxmoJ wi¢w z I `cN Oui-
? ',_
��o� �000� GH=Q �� mw CC v ti - =
mow a2�Ww OZ m �W CO0 G U
N~gF ;-«ww Oxzm xa 4 x -'
��UV1 .-aaWO DC7 u.rn w o oQ e
i r =.T*f
J 0 C
1 , .
023 ...; : '5••-q.! Et. .1 a a a 0 1 I VINIOHIA H31138 VINIONIA b
3I"'— _
-,--1,1 .1 g . 0 .i / fIN3AV 01INV11,011.1.33FLLS H.ISZ
i..e.g-
- a•.,- 1 iq i = , , s1v3S AMIN 3H1 0 p...
0 Act 31P
. : .-•;•g-1 ;.q 1 E olirawnNow 3111131H1 lanina v
OW
,-- . ::-.45_1 i DavanNov3
i 11111Hil tlaantura sy
W . 14:
_ Sig WV 015NOWCIOV'I 11WOILVIA3111/
F.--='N I i / 1 4 NVl,ii4P
LI 2 : gi i 1 i 133r011d VZIrld.1.331:11S SZ Cl)c
i ziaME
I
CO,2
I--
2<
ILI W
Ct 2 Ce
co Ill 2•IIC :e
Ct 0 1
m ix I-re 1NOWNV300
z w K u.
1--
1 -1
, 1
- 1
— 7-
', "---7
1
4' ,i.; 'a' 5 rn 9 N] I•
, ,1 11 i $ ;, § v. , ,
__ _, 1 • .
I
`.#
- i
c) . 1,-s . .6,:it& . , . . ,0 0
o„- - ?-
x 1 _
i h . 82 "r •"1 i LI ''''L I
11*' l'
' Z
_ I , 7 , —
-
- 11 tc' 1, / IF
1'
I .
Jr"
. .
g 5
.,
-0,0 0 \/ 1 / \ 0 0 o -
-
I /
iR
/ I ^
—
a , 1
1 I
# i
LI #
/ \,! flp a
O 0
1
1 r I 1
_ 1 c
1 Ii.
El o g
1
es
' v I
1 ,
3111,13AV 91.1.NV1.LV
1
_ -
•___I ,_1_,,__ I 0 I 0 L LL, J , 0 = - . _. 1
41
Item-VII-H.3a
ORDINANCES/RESOLUTIONS
ITEM#65926
Alex H. Pincus expressed his appreciation to City Council for their support of the Norwegian Lady that
was dedicated in 1962. The Norwegian Lady is near and dear to his heart. His mother is from Norway
and he attended the unveiling of the statue when he was only 4 years old. This statue identifies with a
large number of Norwegian people living in the Hampton Roads area.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 251"Street and the Boardwalk:
b. Resolution to DEFINE the area of the Norwegian Lady Plaza
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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 3rd
day of May , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
L *—)
Office of ultural Affairs City Attorney's Offt
CA13696
R-4
April 20, 2016
42
Item-VII-H.4
ORDINANCES/RESOLUTIONS
ITEM#65927
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 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)
Voting: 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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 _ 3rd day of May , 2016.
CA13593
Ilvbgov,comldfsllapplicationsl itylawprodlcycom321wpdocs1d0291p021100277486.doc
4/22/16
R-1
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4002110 —1.bA _ 9\ FS
Public Works/Real Estate City Atto ey`sOffice
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.
43
Item-VII-H.5
ORDINANCES/RESOLUTIONS
ITEM#65928
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 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
Voting Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
1 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 $1,526,000 shall be received, and fifty percent (50%) of this amount shall be deposited
78 for appropriation in future Capital Improvement Program capital budgets in #9-059,
79 Oceana interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%)
so shall be deposited for future payment by the City Manager to refund the
81 Commonwealth's portion in accordance with the grant agreement.
82
83 This ordinance shall be effective from the date of its adoption.
84
85 3rd Adopted by the Council of the City of Virginia Beach, Virginia, on the
86 day of May , 2016.
R-1
4/22/2016
CA13594
11vbgov.comldfsl lapplicatio ns citylawprodlcycom321wpd ocs1d0301p019100277518.doc
APPROVED AS TO CONTENT APPROVED AS TO CONTENT
k__ .
Pub is Wo s/Rea statejff *, Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
CityiAtt me s Office
.
����_' '`5� UVB �w�iiii• 'ir .''•o ` ••f � '�/�i W ;V°C7�``g /�i�ra�w 4,isitu►Si nfi•`•� :1710 i►`af!!►�i NOv� 'u/vvvraun •v o`�� 'rti ► "1nvaa 1 ►�o�!. •Oi..1>./' O�•aunl\ia\►i� aK�a .�^�� as a•av, / i:j
%
,'
•.,_ .� 'R. `.. .................................
�aiH+2 rf��► V. r dnr2 .4
. f ��I/ ��Ir
/i: Ir 'i rte" i.0
a
UR K,
s e• ►N aaa N♦ G r iair►��� �� ! Z
.,.. - ,, pV ►ai �`0.4"V:w: :a..;fir• i ;11,10)"7:10k•>I ft ❑
. A �'�, ' ...-Ai
ii . ii a r q c�a %i
•Iasi uaa pass 1111 "44 z
r..
m
,\„ ,;, \4 ' p \ '''',„ '. . „
ga ..
CD
NI� , DING'RD ■■
�oG ii
Ali:,NOR, N �';
�, Zi\7'''' ,0-,,..1
l S
3
,'',':
HLA
b
‘*\''' '-\\, \.i --„„, _ )1=,
I'. r E ,
u ,/,‘ ,,,,, ,,, ,., ,,, \
''' ,%,'"- i,* A 1 :i f
� ++ ,„ -,
,, �.r� 1 .nom
•
L,‘,, ,..,
r
it .fr 01, 4Q. 41* , ,,,,, >.'
r.Q,,,,C7,, 7...... gitralltrillr, oc).'-ii..... -,.. -, - -,, ' 0_
r z.* • •7,47"416.11,..._ Ailok ',VA' a -
'.....1g..* \, ftei•°.•*•••V"IIIIIIIIIr.N A b e4v•OP 4* a.' 6: a)
�`````...E•a mp a O1�. 1�f` ��+Ij r :$���:,�/� O
��� In I1 45111, i.� a Q►.ate 1�1V �ft z'13,44b t j
do.o•
ie .".4. wk. P�i 11 �4/i dig z 04. IIS
.40,,.i,I•yii'♦ so,*or. • air It, 100 r.f_I.,. U N
p.
1� c��,��� e�►►^� i f I ori• .. �•[• y ❑ co
f�,&,iiir`�4�i i��* i d►�4. V SII I I��i �1 41104,11VO 0 N
•
kV , jtA,0".44jr� d 0_ da) 0 N m
Gi � ir
-..4: � ` ,4
�,` /, EEEEE
N N N N N
OOOOO
11 LL LL LL LL na
S',4:;,!‘::-. 7,,Z
¢3..-,',',.AR
i
i1•':.K.7•2'' ' r ' co
M
O m o) N •,--
QR.. eSv
s -ON 004
1
0 0od W
_ H ,a- U ar
i.
��
O100000 n
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 fmished 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
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.
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.
44
Item-VII-H.6
ORDINANCES/RESOLUTIONS
ITEM#65929
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 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)
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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 11Adopted by the City Council of the City of Virginia Beach, Virginia on the 3 r dday
28 of , 2016.
APPROVED AS TO LEGAL SUFFI IENCY:
ELLAAL8S4A&W
City Attorney's Office
CA-13735
R-2
April 25, 2016
45
Item-VII-H.7
ORDINANCES/RESOLUTIONS
ITEM#65930
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 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: with a
report of their findings to City Council
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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 3rd
53 day of May , 2016.
APPR V D TO LE L FFICI NCY:
,
City A orney's Office
CA-13743
R-1
April 28, 2016
2
46
Item-VII-H.8a
ORDINANCES/RESOLUTIONS
ITEM#65931
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolutions to AUTHORIZE re Water and Sewer Bonds:
a. Refunding Bonds, Series of 2016, not to exceed$105-Million
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
Maya, 2016
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:
(.1-PA nIY1(1
Finance Department • • •• - ' •ffice
CA13533
R-1
April 21, 2016
14695893v3
47
Item-VII-H.81)
ORDINANCES/RESOLUTIONS
ITEM#65932
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolutions to AUTHORIZE re Water and Sewer Bonds:
b. Eleventh Supplemental Master Water and Sewer Revenue Bond
Resolution of February 11, 1992
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
•
May 3, 2016
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
I i
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
/ " - NCY:
17)(tivi i
Ake
0,---- '4,64/k 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- $
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
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
I II
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
48
Item-VII-H.9
ORDINANCES/RESOLUTIONS
ITEM#65933
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to execute 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
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
i I
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 3rd day of
38 May , 2016.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
k ir(3t-ty aA)
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.
i
* qt j
00
en
e-I
O
N
encrN
•
O.
+1 moi. ^' ¢l
•
-rMM & # •-g 3
Z - ..1 T l.♦ _aY .X+4
O 5� y■n�j SP w�[yA.' $tea m
1 r e..
,:„ ,.;4 Ir jililr":.', '
O
N zu
-{ "a y:
44
�`� ha
Q z
+ir
�.
J
r s . ,i-, vs. . .., ,,
a
Z N r
•
s • �; ,4,..
� hT : 'b°t4Nb7y ' L v > .Jt l
ti, Y a4` r O z, 3¢
W
s a p k
.�. 1 x
k sw�x a # jf{,
I .
W ,47.44....„-„,.., 44
a CC .
a
i
49
Item-VII-H.10
ORDINANCES/RESOLUTIONS
ITEM#65934
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP)
easement at 1620 Princess Anne Road owned by 1907, LLC(DISTRICT 7—PRINCESS ANNE)
Voting: 10-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent.'
None
May 3, 2016
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 I
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 3rd day of
79 May , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
L.)
Agriculture Department Management Services
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
OF.FyNDS:
0(01
Director dTFinance City Attorney's Office
2
I I
CA13597
vbpov.eomlOFSt Vlppliee9onalCityLawProdlcycom321Wpdoca1D0111P015100049813.DOC
R-1
Date: April 20, 2016
3
I i
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: IPA ownership may not be transferred(except for Estate
Settlement Transfer)for one(1)year following execution and delivery of the IPA.
, .. '
ct
,,r,,,,,:et.'
4.t.
.., ,.,
0.
<
2
•
z
•.
0
Q.
U
0
f ,
.11
00
N
00
ul
Co
1.1
W ,
t6
to
N
0
(4
w
11/
0
LA
ca co co
W 0 LA
I-I
.4,
0
44?
1•1
f4/
< /X •
ev
et
1.1
4.. cu r•▪I
c c t0
ev
et
w c •
.Z.
est
co 0
0
-.
,*'•
in ul 0-
0
FC
co W eL
Lu u cr
LI
c
a)
„,.....-
:8:2° ov-ILI'N. :151°-ms"9-
.. .. ..
, =
-
,' '...;•;>1',-; ,
50
Item-VII-H.11 a
ORDINANCES/RESOLUTIONS
ITEM#65935
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to GRANT Franchise Agreements:
a. Strategic Art Solutions,LLC re decoration of Lifeguard Stands
and Storage Boxes in the Resort and other areas
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
I �
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 3rd
day of May , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
I (AU 0,W1A___
Emergenc' edical Services C tural Aff.irs
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
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.
1 I,
51
Item-VII-H.Ilb
ORDINANCES/RESOLUTIONS
ITEM#65936
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinances to GRANT Franchise Agreements:
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 60019'"Street
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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 3rd day of
May , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
*11/4, . ceatA-e/k
Strategic Growth Area Office City Attorney's Office _
CA13717
R-3
April 7, 2016
I II
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.
II
52
Item—VII-H.12
ORDINANCES/RESOLUTIONS
ITEM#65937
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, 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 Technology
• $ 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
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
I i
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 3rd
day of May , 2016.
APPROVED AS TO CONTENT: APPRO D AS TO LEGAL SUFFICIENCY:
„„),)2,
1 i
Budget ndManagement Services) City A ey s Office
CA13734/ R-1 /April 19, 2016
School Board of the City of Virginia Beach
Daniel D.Edwards,District l-xempmUle,Chair
7 4. r"� r� VIRGINIAB� CITYPUBLIC SCHOOLS BeverlyM.Anderson,
CHARTING THE COURSE
ShomnR.peltnn District 6-Beach
School Administration Building#6,Municipal Center Dorothy M.Holtz,At-Large
25zxGeorge Mason o� Joel A.McDonald,District 3-Rose Hall
P.0.Box 6038 Ashley K.McLeod,At-Large
Virginia Beach,VA 23456
Kimberly A.Melnyk,District 7-Princess Anne
(757)263-1000 !
Carolyn 1.Rye,District 5-Lynnhaven
MISSION STATEMENT Elizabeth E 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 0,Weems,District 4-Bayside
and engaged citizen within the global community.
Aaron C.Spence, Superintendent
�a.o..
RESOLUTION REGARDING FY 2015-16 BUDGET AND REQUEST FOR CATEGOR[C.AL/FUNmTRANSFERS
WHEREAS,the City of Virginia Beach,Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School
Board of the City of Virginia Beach,Virginia by major Category;and
WHEREAS, the School Administration has determined that a number of schools and departments have spending needs that require � |
categorical/fund transfers to cover costs such as: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, RCA,vehicle replacement, 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
• $742,244 from Operating Fund 115 Instruction to Operating Fund 115-Technology
• $3,750 from Operating Fund 115 Administration to Operating Fund 115-Technology
• $51,584 from Operating Fund 115 Transportation to Operating Fund 115-Operations& Maintenance
• $25,000 from Operating Fund 115-Operations&Maintenance 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/fndsmustbeapprovedbythe[iryCound|phn/ooexpenditu,eofsvchfundsbytheSchuo|
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 guard, 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:
�v '
Dianne P� -Alexander, of the Board
� �
53
Item-VII-H.13a
ORDINANCES/RESOLUTIONS
ITEM#65938
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance 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
Ordinance to APPROPRIATE:
a. $176,442 in State revenue and TRANSFER $132,342 from the General
Contingencies to the General Registrar for the June Republican
Primary Election
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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.
3rd
Adopted by the Council of the City of Virginia Beach, Virginia on the 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 SUFFICIENCY:
1.
Budget and Management Services City s Office
CA13733
R-1
April 15, 2016
54
Item-VII-H.13b
ORDINANCES/RESOLUTIONS
ITEM#65939
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $3,000 from GEICO to Police re the "Every 15 Minutes"Program
Voting.' 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
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 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 SUFFICIENCY:
Budget and Management Services Ci y ey's ffice
CA13731
R-1
April 14, 2016
55
ITEM VH-I
APPOINTMENTS ITEM#65940
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
TOWING ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
56
ITEM VH-I
APPOINTMENTS ITEM#65941
Upon NOMINATION by Vice Mayor Jones, City Council REDESIGNATED MEMBER
REPRESENTATION:
MICHAEL CLARK—At Large
CHRISTOPHER JACOBS—At Large
KENNETH JOBE—At Large
THOMAS FRAIM—Princess Anne
WILLIAM HEARST-Bayside
and
•
APPOINTED
MICHAEL W.ANDERSON—Kempsville
Unexpired thru 06/30/2017 plus Three year term—07/01/2017— 06/30/2020
BEACHES and WATERWAYS ADVISORY COMMISSION
Voting: 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
City Council, by Consensus, redefined the representation of the Members:
Michael Anderson Kempsville
Michael Clark At Large
Thomas Frain? Princess Anne
Charles Guthrie At Large
Paul Hamaker Centerville
William Hearst Bayside
Christopher Jacobs At Large
Kenneth Jobe At Large
Patricia Keeley Rose Hall
Wesley Laine Beach
Empsy Munden Lynnhaven
May 3, 2016
57
ITEM VII-I
APPOINTMENTS ITEM#65942
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
HUGH TIERNEY
Parks and Recreation Liaison—No Term
BIKEWAYS and TRAILS ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
58
ITEM VII-I
APPOINTMENTS ITEM#65943
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
BRUCE WILLIAMS
Term ending 03/31/2018
HEALTH SERVICES ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
59
ITEM VII-I
APPOINTMENTS ITEM#65944
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
CARLA BAILEY
Two year term—06/01/2016—05/31/2018
MINORITY BUSINESS COUNCIL
Voting: 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 3, 2016
.
60
Item-VII-L
ADJOURNMENT ITEM#65945
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:11 P.M.
manda Finley-Barnes, M C
Chief Deputy City Clerk
Ru Hodges aser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
May 3, 2016
1 ,1
61
PUBLIC DIALOGUE
The following individuals registered to speak:
Donna Hadley 103 Green Meadow Drive, Portsmouth, VA — Phone: 778-4076. Ms. Hadley expressed
concern regarding being "targeted". Two years ago she led a very normal and quiet life and then
someone with a personal vendetta and deep hatred against her decided to make her life a "living hell".
The measures these very powerful individuals have used to silence her are unbelievable. Fear tactics,
intimidation, shame to discredit her have been used to try and discredit her and make her appear
unstable. There is not a day that goes by that she is not surrounded by police "presence". She reported
the incidents to the Police two (2) years ago just to be told nothing could be done because she had not
been physically harmed. Her purpose in speaking at this meeting was to expose the names and addresses
of those individuals targeting her; however, this is also an opportunity for those individuals to cease and
desist in their constant harassment and targeting. Should they continue, she will expose all those
involved individuals.
Michael Albritton, 249 St. Paul's Street, Phone: 491-8978 did not answer when called to speak.
Lisbet Dula, 6300 East Virginia Beach Boulevard, Norfolk, VA —Phone: 351-1573, is an employee at the
Enpendence Center, expressed her appreciation for the City Council's continued support of the Center
and services offered to the disability community as a whole.
Holly Martir, 4165 Rainbow Drive, expressed concern regarding the outrageous amount of her "water
bill". She is the only one that resides in her home and feels she is billed the same as someone that has
multiple people residing in the same home. She feels it is "double dipping". She also stated she is going
through a custody battle and Child Protective Services is involved and she feels the CPS worker is not
doing her job.
The Public Dialogue re Non Agenda Items concluded at 6:21 P.M.
May 3, 2016