JUNE 4, 2019 FORMAL SESSION MINUTES Od4c11-- a.0
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1
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 4, 2019
Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council
Chamber, City Hall, Tuesday,June 4, 2019, at 2:30 P.M
Council Members Present:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M Dyer,Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
2
ADD ON
CITY COUNCIL COMMENTS
MAY 31, 2019 MASS SHOOTING
ITEM#69310
2:30 P.M.
Mayor Dyer opened the discussion advising this is the most somber time in the history of Virginia Beach,
the foundation of"our soul"has been rocked but we will not allow the act of one person to define who we
are as a City. We will define ourselves by the actions being taken now. The strength of the City is the
people of Virginia Beach. Mayor Dyer advised, the City is made up of people of resolve, resiliency and
heroes and through this adversity we will not only find new opportunity, we will become a stronger
community. Mayor Dyer advised we will continue to pray for the victims and their families,for the
people who remain in the hospital and their families and we will not forget the individuals who were in
the Building and witnessed the carnage. They will forever have those memories emblazoned in their
minds for importunity. We will be there for them now and we will be there for them forever. Mayor Dyer
closed his remarks with, "We are Virginia Beach, we are VB Strong".
Mayor Dyer requested everyone join him in a moment of silence followed with a prayer led by Council
Member Wooten.
Council Member Rouse advised we are in this City together with families that are hurting. As leaders of
this community, we need to support them and be their strength. Council Member Rouse advised he
witnessed the City's strength, seeing it in the first responders, the employees who went back to work
today, the citizens who are giving flowers and bringing their children and teaching them respect and
dignity for others, "while we will never be the same, we will be stronger". Council Member Rouse
advised the need for actions from leaders, and as leaders, we will have to have those tough conversations.
Council Member Rouse advised that today he wants the community to know, "as leaders, we are with you
and we are Virginia Beach Strong".
Council Member Abbott advised she wants to emphasize the responsibility to each other, is to be each
other's keeper. Council Member Abbott requested when we see a friend,family or colleague struggling,
to be there to encourage them, seek help or be the help they need. Council Member Abbott advised she
encourages everyone in the City to keep an eye on their neighbor and be there for them; when they need
help-help them and give them strength. We will only get through this if we all share the strength we
individually have.
Council Member Moss advised he never thought he would live long enough to see three tragic events;
losing friends during 9/11 at the Pentagon, the Navy Yard shooting and now here in another senseless act
of violence. Council Member Moss advised through faith and working together we can move on but we
can never forget to take care of those who made the ultimate sacrifice in terms of their families and that it
is a commitment. That commitment will be what brings everyone together as a community.
June 4, 2019
3
ADD ON CITY COUNCIL COMMENTS
MAY 31, 2019 MASS SHOOTING
ITEM#69310
(Continued)
Council Member Henley recalled during the most recent City Council Retreat, Council was asked to give
the word that they thought described the City, the word she used was, "caring". Caring is what she sees
now. It is so amazing to see our people responding in so many innovative ways to show their love for the
City and asking, "what can I do?" for the people who have been so tragically involved in this. Going
forward, that is what we all need to do and ask ourselves, "what can I do?"and that can be a way we all
honor these people and make sure that we continue their legacy. They were all wonderful people, doing
hard work for the City and everyone now should ask, every day, what they can do to honor their sacrifice.
Council Member Jones advised we read about these types of catastrophes that occur and never think they
would happen here; but IT DID. Council Member Jones advised his grandson was on the 3rd floor in the
Public Works Department where a number of people were killed. While Council Member Jones is
thankful for his survival, he expressed his condolences to the families who did not. Now it is our job to
make sure the families of the deceased and those who are still struggling to survive, are taken care of in
every possible way. Council Member Jones expressed his appreciation to the City Manager, staff,first
responders and specifically, the police officers who faced the fire from the culprit, they did everything
they could to save lives. Council Member Jones advised he is very proud of the City employees for the
way they are reacting and responding to this tragedy. Council Member Jones expressed he hopes God
blesses all of the families who are suffering today.
Council Member Berlucchi advised it is difficult to describe in words the way the people in the City, the
Commonwealth and the country are feeling in this moment and in many ways, words do fall short. The
one thing we do know is the people in Virginia Beach, and the people who work for the City, are kind,
caring and loving people. If there was ever any question about that fact, it has been answered in the past
few days. Council Member Berlucchi advised he would like to emphasize, as he speaks,people are
continuing to serve through their grief and he is very proud and grateful to those people; in the face of
their own tragedy and suffering, they continue to be of service and it characterizes the spirit of our City.
Council Member Berlucchi advised how impacted he was to see almost everyone he encountered on
Monday, June 3, 2019, wearing the color blue. Council Member Berlucchi advised it showed him that we
have more in common then could possibly divided us and hopes that in the days, weeks, months and years
ahead, the spirit experienced yesterday will be carried into every single day for the rest of our lives.
Council Member Tower advised his thoughts are constantly shifting between the victims,families, care-
takers and first responders;and advised, as his thoughts shift to the first responders, he thinks of the
word responsibility. The awesome level responsibility they have and took willingly. It is incumbent on
us, each of us, to take on responsibility in our own way for the fall out of this tragedy. City Council has a
particular role to play and time will define what that role is. We must do everything possible to make
sure this does not happen again in the City. In the interim, Council Member Tower hopes each of those
people who have been mentioned today,find some comfort in the words spoken. Council Member Tower
advised it is very difficult to communicate how he is feeling but appreciates the opportunity to do so.
June 4, 2019
4
ADD ON
CITY COUNCIL COMMENTS
MAY31, 2019 MASS SHOOTING
ITEM#69310
(Continued)
Council Member Wooten advised with all of the emotions she is feeling;she is feeling most thankful
because it could have been worse. The violence could have spilled over to our neighborhoods,places of
worship, or schools and there could have been more casualties; but, the first responders were there to
stop it from being worse. Council Member Wooten advised she thinks about the "high"the City had with
the success of the Something in the Water Festival to the huge low that happened last Friday. The festival
brought us all together and felt so happy about it and then this happened. Where there is hate and anger,
I respond, and I ask others to respond, with love. Love and compassion never fail, there is no tragedy,
no bullet, no act of violence that can defeat love. Council Member Wooten believes as we move forward
and share love, compassion, and demonstrate it through our actions,people will see, over time, healing
through the magnitude of love and compassion we show to one another. Not only does love never fail, it
cannot separate us either. Council Member Wooten expressed her appreciation to the City Manager,
staff and everyone who worked together during that difficult time.
Council Member Wilson advised our world has been rocked in so many facets and we will never know
everyone who has been affected by this from little children to people in their homes across our City, our
country and the world. We have to join with each other in love. We need to look out for the families that
have been affected and make sure they are well taken care of We have seen the courage from our public
safety, EMS,fellow citizens and employees as well as the City Manager, Police Chief and City leaders
who have led magnificently. We have to move forward even though we have a gashing wound, it will
scar. Council Member Wilson advised we need the public to be patient because it will take time to be
able to perform like before, departments have to be relocated, and it is not going to be easy for them.
These departments and their staff are going to need the City's love and patience, but we are, "VB
Strong".
Vice Mayor Wood advised the City joined a club that it did not want to join but believes Virginia Beach is
different than a lot of the other places, we have a strong community and echoed the support other Council
Members shared. Vice Mayor Wood advised he can not say enough about the City Staff members from
the public safety/first responders that ran to the sound of the gun whether they were career people or
volunteers—they ran to the sound of the gun fire. This does not include the staff who have worked all
weekend on the continuity of our government, it is not easy to relocate so many people. Vice Mayor
Wood expressed his appreciation to the City Manager, Dave Hansen and all of the Deputy City Managers
who worked all weekend; Steve Cover, Tom Leahy, Ron Williams and Ken Chandler. Vice Mayor Wood
expressed his appreciation to Julie Hill, Communications Director,for working to get as much
information out as quickly as possible. Vice Mayor Wood expressed his admiration for Mayor Dyer's
leadership, grace and being there for the entire City. The healing and recovery will be a long process
and we will get through this because, "We are VB Strong".
Mayor Dyer expressed his appreciation to City Council and closed the discussion by asking everyone to
show an act of kindness each day as acts of kindness help to defeat the forces of evil.
June 4, 2019
5
CITY MANAGER'S BRIEFING
ANINA BUDIG/WEBLIN HOUSE
ITEM#69311
2:30 P.M.
Mayor Dyer welcomed Bobby Tajan, Director—Planning and Community Development. Mr. Tajan
expressed his appreciation to City Council for their continued support:
CO of
Virginia Beach
Anina Budig
June 4th
City Council Meeting
` .
This Planning item is scheduled for June 4th and recommended for deferral to August 20`h:
SUMMARY — June 4th
1 Planning item scheduled for City Council's consideration
Staff Recommends Deferral to the
August 20, 2019 City Council meeting
June 4, 2019
6
CITY MANAGER'S BRIEFING
ANINA BUDIG/WEBLIN HOUSE
ITEM#69311
(Continued)
The Applicant is requesting a Conditional Rezoning from R-10 Residential District to Conditional PD-H2
(R-10 Overlay)Planned Unit Development:
Anina Budig Agenda Item
Council District Bayside
Location 5588 Moores Pond Road
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Conditional Rezoning
(R-10 Residential District to Conditional PD-H2(R-10 Overlay)Planned Unit Development)
Staff recommended Approval
Planning Commission voted 8-2,with 1 Abstention to recommend Approval
Here is the Background:
Background
• Historic Weblin House on National,State and Local historic
registers
• Honorary designation with no regulatory control on property
• Built between 1686 and 1716.
• Deed of easement over property exists that regulates use and
preservation of the property
• Easement held by the Commonwealth's Department of Historic Resources
• Property is 6.5 acres
•4 existing dwelling units on property
•Applicant is proposing to Rezone to PD-H2 (R-10 overlay)to allow
for 15 dwelling units on the property
• Existing Zoning is R-10
June 4, 2019
7
CITY MANAGER'S BRIEFING
ANINA BUDIG/WEBLIN HOUSE
ITEM#69311
(Continued)
Existing Aerial Image Proposed Concept Plan-15 dwelling units
i15W GIMP.'COB
- ejX.R' _ e MANORS
•
/ Hb
Existing Conditions
remo�<e I i
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Anina Budig
Here is an overview of the Proposal:
Proposal
• Based on letter dated October 8, 2018 from Department of Historic
Resources, proposed removal of existing dilapidated buildings and
replacement with propose structures for"residential use" is
compliant with the easement requirements.
• Staff recommended approval of the request due to the reduction in
permitted density as allowed in the existing R-10 zoning district and
the regulatory ability to maintain a historic resource
• Adjacent residences voiced concerns over potential traffic, non-
compliance with the State held easement,existing property
conditions,and that unit size was not compatible with the
surrounding neighborhood.
June 4, 2019
8
CITY MANAGER'S BRIEFING
ANINA BUDIG/WEBLIN HOUSE
ITEM#69311
(Continued)
The next two (2)slides provide photographs of the existing property:
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Anina Budig
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June 4, 2019
9
CITY MANAGER'S BRIEFING
ANINA BUDIG/WEBLIN HOUSE
ITEM#69311
(Continued)
Here is a rendering of the Restored Historic Milk Barn and Proposed Residential Building:
Restored Historic Milk Barn
Proposed Residential Building
Ir
1141 MArt
ia- .ems...«�..... "^ ..`.� .d......p..�_.., ..��'
Anina Budig
Recommendation
• Staff recommended approval of the request due to the reduction in
permitted density as allowed in the existing R-10 zoning district and
the regulatory ability to maintain a historic resource
• By a vote of 8-2 and 1 abstention,the Planning Commission
recommended approval.
• Noted the ability to better maintain the property and protect the Historic
Resource
• Overall reduction in allowed density
• Those that voted against were concerns about compatibility with the existing
neighborhood.
June 4, 2019
10
CITY MANAGER'S BRIEFING
ANINA B UDIG/WEBLIN HOUSE
ITEM#69311
(Continued)
Additional Correspondence
• On May 22, City Council received a copy of a letter from the State
Historic Preservation Officer
• State Board is requesting the owner to provide additional information
to the Board to confirm if the proposal is consistent with the easement
restrictions
• State Board will review the proposal on June 20
• If the State Board determines that the proposed use is not consistent,
the application and review is substantially different and is
recommended to be remanded back to Planning Commission for
review
• City staff recommends deferral of the item until the August 20 public
hearing to allow for time to determine if the proposal is consistent with
the easement
Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation.
June 4, 2019
11
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM#69312
2:58 P.M.
Mayor Dyer welcomed Alice Kelly,Interim Director—Finance. Ms. Kelly expressed her appreciation to
City Council for their continued support:
FY 2019 Interim Financial
Statement—April
May 28,2019Iiir___
lance
Here is the FY2019 YTD General Fund Revenues and Expenditures Comparison:
FY2019 YTD General Fund Revenues and
Expenditures Comparison
100%
I ACTUAL REVENUES YTD=S6762 M I _,
85.1
ACTUAL EXPENDITURES YTD=51,011.7 M
00%
/'82.0% 00,140
?0.1'..
]4.9%
I
414% 74 7
61.7% 55.4% 5]&e%
%
4.9% 49.1% 55.3%
44.5:(a 45.3
9% 9.1%
4a44% 45.4%43 45.0%
"� c.o`w
32.2
27.E'. 36.0% 31.5%
V 0,9%
1 .ew
20% •
12 0.4% 13.1
5"' /1_<.�%
4.5%
1.3%
MI Aug Sep Oct Nov Dec Jae Feb Mar Apr May dun
.%of1Y2019 Exp Budget-64E9 Trtodt%of FY 2019 Rev Budget-Rev Tend
June 4, 2019
12
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM#69312
(Continued)
Here is the FY 2019 General Fund Revenue Through April 30, 2019:
FY 2019 General Fund Revenue
Through April 30, 2019
BUDGETED REVENUES YTD=$1,162.6M
ACTUAL REVENUES YTD=$676.2M Federal
Commonwealth Government
Other $90.5 $17.9
Revenues
$63.8
Urtrea8xed.
$awa 41.8%Personal
Property Real Estate
Taxes Taxes
$23.3 $286.9
Transfers
$amounts m morons $10.4
Here is the FY 2019 General Fund Expenditures Through April 30, 2019:
FY 2019 General Fund Expenditures
Through April 30, 2019
BUDGETED EXPENDITURES YTD=$1,234.1M
ACTUAL EXPENDITURES YTD=$1,011.7M
Capital Projects Transfers to Other.
$60.3 Funds$35.5
Debt Unencumbered
Service $222.4 18.0%
$47.1
Operating
$170.1
Personnel School Support
$310.3 $388.4
$amounts in muuons
June 4, 2019
13
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM#69312
(Continued)
Here is the Monthly General Sales Tax Revenue:
Monthly General Sales Tax Revenue
FY 2017 thru FY2019
Revenue on 2-month lag
$7,000,000 (December collections represent October sales)
$6,500,000
$6,000,000
$5,500.000 �\
$5,000,000 \\
$4.500,000
$4,000,000
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
-e-FY2017 -+-FY201B FY2019
The Monthly Hotel Tax Revenue—City Wide increased 13.1%from FY17:
Monthly Hotel Tax Revenue— City wide
FY 2017 thru FY 2019
Revenue on 1-month lag
se,DOD,DDD (December collections represent November sales)
57.000,000
$6,000.000 ,
55,o0D,Om
$4,000,000
$3.000,000
$2,000,000 {
$1,000.000
50
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
+FY2017 - -FY201S •-rFY2019
June 4, 2019
14
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM#69312
(Continued)
The Monthly Meal Tax Revenue—City Wide increased 4.3%from FY18:
Monthly Meal Tax Revenue — City wide
FY 2017 thru FY 2019
Revenue on 1-month lag
(December collections represent November sales)
Si,mo,000
56,500.000
$6,000,000 \
$5,500.000
$5,000,000 \
$4,500,000 /
54,000,000
JUL AUG SEP ocr Nov DEC JAN FEB MAR APR MAY JUN
—FY2011 —FYDDlF --101019
Here are the Next Steps:
Next Steps
Bond Sale Ordinance
June 2019
Ma Interim
June 25, 2019
FY 2019 Closeout
August 1, 2019
FY 2019 Unaudited Presentation
® : ter tatikte
i
FY 2019 Audited Results
Mayor Dyer expressed his appreciation to Ms. Kelly for the presentation.
June 4, 2019
15
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
3:25 P.M.
Mayor Dyer welcomed Bobby Tajan, Director—Planning and Community Development. Mr. Tajan
expressed his appreciation to CityCouncil for_their continued support:
tt,y of
e Virginia Beach
4t
Planning Items
4 .; June 4th and June 18th
°°� City Council Meetings
.-
There are two (2)Planning Items scheduled for June 4`h:
SUMMARY — June 4th
2 Planning items scheduled for City Council's consideration
1. Anina Budig—Bayside District S.
• Conditional Rezoning(R-10 Residential District to Conditional PD-
H2(R-10 Overlay)Planned Unit Development) �wvn,
• Recommended for Approval by Planning Commission&Staff yrs,, ,4
I.Mktg WOO 'Y******* 4
2. Piney Grove Baptist Church—Princess Anne District . p a........
• Modification of Conditions(Religious Use) - I
• Recommended for Denial by Planning Commission z. - ,...w f
and Approval by Staff „, �•
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June 4, 2019
16
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
Anina Budig Agenda Item
Council District Bayside
Location 5588 Moores Pond Road
I
Staff Recommends Deferral to the
August 20, 2019 City Council meeting
'l+"•-.']i In ti f i trc,t: oNja„q,R PO II:it 11i;: Inr ?I ;0;rr.,'Unit d ;:•rr
Piney Grove Baptist Church Agenda Item
Council District Princess Anne
Location 2804 Holland Road 2
Applicant requests to withdraw the item
Staff recommends withdrawal of the item
P s,
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Modification of Conditions(Religious Use)
Staff Recommends Approval
Planning Commission voted 7-3 to recommend Denial
June 4, 2019
17
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
There are six(6)Planning Items scheduled for June 18th, Planning Items#7 and#8 have not been heard
by the Planning Commission and will be rescheduled:
SUMMARY — June 18th
8 Planning items scheduled for City Council's consideration
1. DML Designs,LLC T/A Trinity Tattoo Co.—Rose Hall fir--
District
• Conditional Use Permit(Tattoo Parlor&Body Piercing
Establishment) Bji14j7 •••� \
• Recommended for Approval by Planning Commission&Staff 0
2. Indian Cove Resort Association,Inc.—Princess Anne ;r
I
District = - ,1,
• Modification of Conditions(Campground) r'.ti,r,
• Recommended for Approval by Planning Commission&Staff >�,l *-�I ,•res. uO
3. AT Associates,LLP—Beach District
• Conditional Use Permit(Car Wash Facility)
• Recommended for Approval by Planning Commission&Staff
4. Timberlake Shopping Center Associates,LLC—Rose Hall
District
• Amendment to the Timberlake PD-Hl land Use Plan to add an • sIndian Go.Rover Lc
indoor recreational facility over 7,500 square feet as a permitted
use
• Recommended for Approval by Planning Commission&Staff . _,
5. City of Virginia Beach
• An Ordinance to Amend Section 107 of the City Zoning Ordinance
pertaining to the time limitations for City Council referral of Zoning
Amendments to Planning Commission for action.
• Recommended for Approval by Planning Commission&Staff e
SUMMARY — June 18th
8 Planning items scheduled for City Council's consideration
6. City of Virginia Beach
• An Ordinance to Amend Section 103 of the City Zoning Ordinance
pertaining to Notification to Property Owners. t l
7. P.Parker—Beach District
• Recommended for Approval by Planning Commission&Staff T
Josephinep , .
�
• Conditional Use Permit(Automobile Repair Garage)
• Modification of Conditions(Bulk Storage Yard) \�;
\ „F3:11T a..mYYa W
8. Mishorim Gold VAB,LP—Rose Hall District
• Conditional Use Permit(Indoor Recreation Facility) ems"
_ Ina Cede Powthseci.on.
June 4, 2019
18
CITYMANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
DML Designs, LLC T/A Trinity Tattoo Co. Agenda Item
council District Rose Hall
Location 2720 N.Mall Drive,Suites 112&116
I( # iii �ii _—r
dk 1 i; 1 .7,..(- " /-
i .+.... arts .-2
Conditional Use Permit(Tattoo Parlor&Body Piercing Establishment)
Staff recommends Approval
Plannin:Commission voted 9-0 to recommend A.•royal
DML Designs,LLC T/A Trinity Tattoo Co.
?$ ■
• Two existing tattoo parlors,one
located along Bonney Road and the
‘; rI other within Lynnhaven Mall,will be
%\ a - merged into this one location. In
addition,body piercing is proposed.
• There will be 21 employees.
• Typical hours of operation from 10:00
a.m.—9:00 p.m.,Monday through
9ptSaturday,and 11:00 a.m.—6:00 p.m.
@LLE 1t a„OO.Boot v on Sunday.
• No exterior changes proposed to the
NM : $ Art building other than new channel-letter
signage.
It
June 4, 2019
19
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
Indian Cove Resort Association, Inc. Agenda Item
Council District Princess Anne
Location 1053 Sandbridge Road 2
- , -,7-3,f'./1 /
1 __ i,F''-j%/� , AG'1 //
0.i
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A2Illt7 j
,
Modification of Conditions(Campground)
Staff recommends Approval
Plannin:Commission voted 8-0 with 1 Abstention to recommend A..royal
Indian Cove Resort Association,Inc. New
Pavilion
,._• • Original CUP for a 308-site
'y iir campground approved by City
'/ `' ,, ' 4
44 ° > Council in 1969.
-7y `
• Modification to the CUP was
4 -. '.. approved in 1981 expanding the
campground to 509-sites.
• Modification of Conditions requested
'(-:•-'-'41410•S‘ --tr.,,-;, w to incorporate an adjacent site into
- '
,. the campground for overflow parking
Remove 'i- , ,r�•t'�'4,x.i" for campground members'boat
Existing t trailers,golf carts,and cars.
Pavilion
re F'11; 't - • Modification would also allow the
v ee
Pa,�g ' relocation of an existing pavilion to a
new location to avoid flooding.
June 4, 2019
20
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
AT Associates, LLP Agenda Item
Council District Beach
Location 2677 Virginia Beach Boulevard 3
• 44„.... ,
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Modification of Conditions(Car Wash Facility)
Staff recommends Approval
Plannin:Commission voted 9-0 to recommend A.•royal
AT Associates,LLP
_ • Site is currently developed with a now
f"" `� vacant bank building,drive through lanes,
• and associated pavement.
If
f ( 4 • CUP for a Bulk Storage Yard was approved
,,.� for the storage of up to 75 automobiles in
r•ti ., ' association with a nearby car dealership in
April 2017.
-,
EXISTING SITE ;,_, t - _.. • Applicant proposes to remove the existing
=-`,,,,....tea. _ building and redevelop the site with an
approximately 6,500 square-foot car wash
f` \ o facility.
• The structure will have contemporary
{ M . architecture.
"' 13 parking spaces are proposed,exceeding
PROPOSED SITE .. the six spaces required.
June 4, 2019
21
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
AT Associates,LLP
S.°,7 gq a:. s
A ilN 0RAIs .- . , ,' M � A
s".
SOUTF 9EYA'1OA NORM ELEVATM
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ttS19EYATON •1. 1 54-1
EAST ELEVATION
Timberlake Shopping Center Associates, LLC Agenda Item
council District Rose Hall
Location 4239 Holland Road 4
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,.''✓\ % ♦''•.•... \l / ~ e
ND 111
J f/ it 1`` /�j-2/` .
♦ i j,, il i 4.,`4 i �//�
I ' e� ,.3a
r+� ``,i� / , Ii,
r
Amendment to the Timberlake PD-Hl Land Use Plan
(to add an indoor recreational facility over 7,500 square feet as a permitted use)
Staff recommends Approval
Plannin:Commission voted 9-0 to recommend A••royal
June 4, 2019
22
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
Timberlake Shopping Center Associates,LLC
• The amendment will permit an Indoor
Recreational Facility with a floor area greater
than 7,500 square feet as a permitted use at
this location.
SIGN RENDERING FOR BLINK FITNESS
• The current land use plan limits commercial
uses to only principal uses within the B-2
'q Zoning District.
• The amendment will allow the applicant to
operate a 17,728 square-foot fitness center.
• There will be up to 15 employees.
• Typical hours of operation from 5:00 a.m.-
11:00 p.m.,Monday through Friday,and 7:00
"•411"' a.m.-8:00 PM.,Saturday and Sunday.
• Exterior changes limited to painting of facade
and new internally illuminated signage.
City of Virginia Beach Agenda Item
5
An Ordinance to Amend Section 107 of the City Zoning Ordinance pertaining
to the time limitations for City Council referral of Zoning Amendments
to Planning Commission for action.
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
June 4, 2019
23
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
• Text amendment to align with changes to the Code of Virginia
• Affects items sent from City Council to the Planning Commission
• Requires re-advertising of public hearing items(meeting normal
advertising requirements)as they go to the Planning Commission and
back to City Council
• Text amendments will still be required to be advertised once the
public hearing is held by the Planning Commission
City of Virginia Beach Agenda Item
6
An Ordinance to Amend Section 103 of the City Zoning Ordinance
pertaining to Notification to Property Owners.
Staff recommends Approval
Planning Commission voted 9-0 to recommend Approval
June 4, 2019
24
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
• Code of Virginia requires violation notices,zoning determinations,
and zoning decisions by registered mail.
• The Code of Virginia was amended to allow for the same notices may
be sent by certified mail.
Josephine P. Parker Agenda Item
Council District Beach
Location 573 Central Drive 7
_ _
I ` E
•,.
Conditional Use Permit(Automobile Repair Garage)
Modification of Conditions(Bulk Storage Yard)
Staff recommends Approval
June 4, 2019
25
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
Josephine P.Parker • Site currently developed with a vacant
commercial building,a bulk storage yard,
and a cell tower.
4�QR1QQ • CUP requested for an automobile repair
- garage to permit service and repair of
II ' -t alternative fuel vehicles.
oh
ad -;3_. _ • Modification to CUP for the bulk storage
►
_ ____ yard requested to permit storage of
a.�W.r vehicles being serviced.
• There will be a maximum of 15 employees.
• Typical hours of operation from 8:00 a.m.-
5:00 p.m.,Monday through Friday,with
some limited weekend hours based on
need.
illill.11.111 1 -
m • No exterior changes proposed to building,
except new signage and removal of fencing.
Mishorim Gold VAB, LP Agenda Item
Council District Rose Hall
Location V2720 North Mall Drive,Suite 100 8
../ i
'� I y i,/;
1.•••••• ( �
i IF T- , %jam
1 1 ,
i 6z
Conditional Use Permit(Indoor Recreation Facility)
Staff Recommends Approval
June 4, 2019
26
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#69313
(Continued)
Mishorim Gold VAB,LP
• CUP for Indoor Recreation Facility is requested
within an existing 41,000 square foot facility to
14Ilt
accommodate indoor trampoline courts,zip line,
trapeze,foam pits,arcade games,and a"Ninja"
style obstacle course.
• There will be a maximum of 60 employees of
which 15 employees will be full-time.
• Typical hours of operation from 11:00 a.m.—8:00
p.m.,Tuesday through Thursday;11:00 a.m.—
_ 12:00 a.m.Friday;9:00 a.m.—12:00 a.m.
Saturday;and 12:00 p.m.—8:00 p.m.Sunday.
iii>.wl
, ' 4 ,-viti
• 181 parking spaces are proposed,exceeding the
180 spaces required.
ilt+ 4 1/4
Ade • No exterior changes proposed to the building,
except for new channel letter signage.
Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation.
June 4, 2019
27
CITY COUNCIL LIAISON REPORTS
ITEM#69314
3:40 P.M.
Council Member Moss advised the Virginia Beach Community Development Corporation (VBCDC)met
on June 3, 2019, to discuss the Audit finding. VBCDC Members are currently deliberating the results
and will provide their formal response and path forward to City Council on June 18, 2019.
June 4, 2019
28
CITY COUNCIL COMMENTS
ITEM#69315
(Continued)
Council Member Henley advised she attended the Virginia Beach Public City Schools, "Own It"awards
ceremony on May 30, 2019. Each school submitted projects focusing on their watershed and where
water drainage goes after it leaves the school. Council Member Henley advised the projects were
wonderful with winners awarded to students in Elementary, Middle and High School. Council Member
Henley advised Dr. Spence, Superintendent, expressed how important water quality,flooding and
watershed management is and this subject will be added to future curriculum.
June 4, 2019
29
CITY COUNCIL COMMENTS
ITEM#69316
(Continued)
Council Member Wooten advised in light of the recent events, she was contacted by several citizens who
wanted to have a vigil take place in front of City,Hall; due, in part, to the citizens who have contacted her
wanting to pay their respect. Council Member Wooten advised it was incumbent upon her to work with
the community in this area and advised the vigil will be held tomorrow,June 5, 2019, at 7pm on the steps
in front of City Hall.
June 4, 2019
30
CITY COUNCIL LIAISON REPORTS
ITEM#69317
(Continued)
Council Member Moss advised he is aware there are a lot of logistics that are being planned to get
employees moved and relocated that regular programming and budgetary guidelines do not support.
Council Member Moss proposed having a centralized account and change the programming authority so
money can be in one account with disbursements available for accountability while giving the City
Manager the flexibility to initiate payments since City Council is not always available to vote
immediately.
June 4, 2019
31
AGENDA REVIEW SESSION
ITEM#69318
3:50 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
H. ORDINANCES/RESOLUTIONS
1. Ordinance to DECLARE approximately 11.7 acres of City Property on Bonney Road in
EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase
agreement for the sale of the property to Olympia Development Corporation (Deferred from May
21, 2019)
2. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement
and Refunding Bonds, in the maximum amount of$185-Million, and PROVIDE for the form,
details and payments thereof to fund authorized Public Improvements and refund Previously
Authorized and Issued Bonds
3. Resolution to SUPPORT the City's local commitment for the Virginia Department of
Transportation (VDOT) re Pacific Avenue Bicycle and Pedestrian Safety Program Project
4. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between Hampton
Roads Economic Development Alliance(HREDA), the City and ten (10)other Regional
Localities re Regional economic development
5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an
Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer
Services and the City re purchase of Agricultural Reserve Program (ARP) easements
6. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in
the City:
a. Fast Track EMS, LLC
b. Miracle Medical Transport, LLC d/b/a Mid-Atlantic Regional Ambulance
c. MB Solutions, LLC
d. Shore Transport Services,Inc.
e. ISC Medical Transport, LLC
7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as
Croatan Beach at the rear of 542 South Atlantic Avenue re construct and maintain wood
walkway
8. Ordinance to APPROPRIATE$300,000 from Fund Balance to the FY2018-19 Parking
Enterprise Operating Budget re contractual services
June 4, 2019
32
AGENDA REVIEW SESSION
ITEM#69318
(Continued)
9. Ordinances to ACCEPT and APPROPRIATE:
a. $91,813 to the FY2018-19 Department of Emergency Medical Services(EMS) Operating
Budget re support rescue squad operations and resupply training equipment
b. $1,686,141 from Virginia Office of Children's Services to the FY2018-19 Human Services
Operating Budget and TRANSFER$335,096 within the Operating Budget re support
Children's Services Act(CSA)Program
c. $124,449 from Virginia Beach Library Foundation and TRANSFER$91,000 from General
Fund Reserve for Contingencies to the FY2018-19 Libraries Operating Budget Operating
Budget re purchase of a bookmobile
10. Ordinance to MODIFY Appropriations and TRANSFER$27,547 in the FY2019-20 Housing
and Neighborhood Preservation Operating Budget re impact of Federal fund changes and
ensure compliance with Federal programmatic requirements
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#6 WILL BE CONSIDERED SEPARATELY
June 4, 2019
33
AGENDA REVIEW SESSION
ITEM#69318
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
I. PLANNING
1. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804
Holland Road DISTRICT 7—PRINCESS ANNE(Deferred from May 21, 2019)
2. ANINA BUDIG/WEBLIN PROPERTIES,LLC for a Conditional Change of Zoning from R-10
Residential to Conditional PD-H2 Planned Unit (R-10 Overlay) re 15 residential units at 5588
Moores Pond Road DISTRICT 4—BAYSIDE
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
June 4, 2019
34
ITEM#69319
Mayor Robert M. Dyer 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).
• Kempsville District
CYBERSECURITY MATTERS: Discussion of plans to protect public
safety as it relates to terrorist activity or specific cybersecurity threats or
vulnerabilities and briefings by staff members, legal counsel, or law
enforcement or emergency service officials concerning actions taken to
respond to such matters or a related threat to public safety
• IT Security Briefing
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
• Evaluation of Appointees
June 4, 2019
35
ITEM#69319
(Continued)
Upon motion by Council Member Moss,seconded by Vice Mayor Wood, City Council voted to proceed into
CLOSED SESSION at 3:51 P.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
Closed Session 3:51 P.M. —5:59 P.M.
June 4, 2019
36
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JUNE 4, 2019
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the
City Council Chamber, City Hall, on Tuesday, June 4, 2019, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Pastor William L. Crest
More than Conquerors Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
MOMENT OF SILENCE
Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`"Street Suite
102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size
of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna 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 (the "Act'), it is her practice to thoroughly review the agenda
for each meeting of City Council for the purpose of identifying any matters in which she might have an
actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she
identifies a matter in which she has a `personal interest, "as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Council Member Wilson
regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record.
June 4, 2019
37
Council Member 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 identify 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 Member Wilson's letter of June 2, 2015, is
hereby made a part of the record.
June 4, 2019
38
ITEM— VI-E
CERTIFICATION
ITEM#69320
Upon motion by Council Member Wilson, seconded by Council Member Wooten, 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:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
S
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#69319 Page 35 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.
liii ii
'�Ifi' da Barnes, MMC
aty Clerk June 4, 2019
39
ITEM-VLF
MINUTES
ITEM#69321
Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSION of May 21,2019
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M Dyer,Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
40
ADD ON
ORDINANCE
ITEM#69322
Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADDED an
Ordinance CONFIRMING the Declaration of a local emergency due to the May 31, 2019,shooting at the
Virginia Beach Municipal Center.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
41
ITEM— VLG
FORMAL SESSION AGENDA
ITEM#69323
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY
CONSENT,Agenda Items H: Ordinances/Resolutions 2, 3, 4, 5, 7, 8, 9a/b/c, 10 and ADD ON
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#6 WILL BE CONSIDERED SEPARATELY
PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
June 4, 2019
42
ITEM— VLH.1
ORDINANCES/RESOLUTIONS
ITEM#69324
The following registered to speak:
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION
Debbie Impervento, 3540 Blue Marlen Circle, Phone: 277-1282, spoke in OPPOSITION
Conrad Schesventer, 1367 Hafford Road, Phone: 719-2113, spoke in OPPOSITION
Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke in OPPOSITION
Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED
Ordinance to DECLARE approximately 11.7 acres of City Property on Bonney Road in EXCESS of the
City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the
property to Olympia Development Corporation (Deferred from May 21, 2019)
Voting: 10-1
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Voting Nay:
Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
REQUESTED BY COUNCILMEMBERS ABBOTT, BERLUCCI, DYER, HENLEY,
JONES, MOSS, TOWER, AND WILSON
1 AN ORDINANCE 1) DECLARING APPROXIMATELY
2 11.7 ACRES OF CITY PROPERTY LOCATED ON
3 BONNEY ROAD IN EXCESS OF THE CITY'S NEEDS
4 AND 2) AUTHORIZING THE CITY MANAGER TO
5 ENTER INTO A PURCHASE AGREEMENT FOR THE
6 SALE OF THE PROPERTY TO OLYMPIA
7 DEVELOPMENT CORPORATION
8
9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property located
10 on Bonney Road, consisting of approximately 11.7 acres (GPIN: 1477-52-4516)
11 (collectively, the "Property");
12
13 WHEREAS, in October 2017, the City issued a Request for Interest ("RFI") for the
14 sale and development of the Property;
15
16 WHEREAS, the City received two responsive proposals, and in December 2017,
17 after review and evaluation, the City determined that Olympia Development Corporation
18 ("Olympia") presented the best opportunity to develop a mixed-use project on the
19 Property;
20
21 WHEREAS, Olympia and City staff have negotiated the sale of the Property for the
22 appraised value of $2,312,000 and
23
24 WHEREAS, the City Council is of the opinion that the Property is in excess of the
25 City's needs and the sale of the Property to Olympia is in the best interests of the City.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 1. That the Property is hereby declared to be in excess of the needs of the City of
31 Virginia Beach.
32
33 2. That the City Manager, or his authorized designee, is hereby authorized to
34 execute any and all documents necessary to sell the Property to Olympia for$2,312,000.
35
36 This Ordinance shall be effective from the date of its adoption.
37
38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of
39 June , 2019.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL
APPROVED AS TO LEGAL SUFFICIENCY:
C' or ey's Office
CA 14649
R-1 Sponsors
May 30, 2019
43
ITEM— VLH.2
ORDINANCES/RESOLUTIONS
ITEM#69325
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT,Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement
and Refunding Bonds, in the maximum amount of$185-Million, and PROVIDE for the form, details and
payments thereof to fund authorized Public Improvements and refund Previously Authorized and Issued
Bonds
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
RESOLUTION OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS AND REFUNDING BONDS IN THE MAXIMUM
AMOUNT OF $185,000,000 TO FUND HERETOFORE
AUTHORIZED PUBLIC IMPROVEMENTS AND TO
REFUND PREVIOUSLY AUTHORIZED AND ISSUED
BONDS, AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT THEREOF
The issuance of $68,900,000 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 12, 2015, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, $50,098,405 of which
have been issued and sold, leaving an unsold balance of$18,801,595.
The issuance of $74,300,000 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 10, 2016, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, and building and parks and recreation projects. Such authorized
amount was subsequently reduced administratively to $70,800,000 to comply with certain
requirements of the City Charter, $9,504,707 of which have been issued and sold, leaving an
unsold balance of$61,295,293.
The issuance of $69,272,406 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 9, 2017, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, none of which have
been issued and sold.
The issuance of $72,208,245 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 15, 2018, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, none of which have
been issued and sold.
The issuance of $71,009,710 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 14, 2019, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, none of which have
been issued and sold.
It has been recommended to the City Council by representatives of Public Resources
Advisory Group (the "Financial Advisor") that the City issue and sell a series of general
obligation public improvement bonds in the maximum principal amount of $117,000,000. The
City Council has determined it is in the City's best interest to issue and sell up to $14,788,157 of
authorized on May 12, 2015; up to $16,860,212 of the bonds authorized on May 10, 2016; up to
$32,300,000 of the bonds authorized on May 9, 2017; up to $32,300,000 of the bonds authorized
on May 15, 2018; and up to $20,751,631 of the bonds authorized on May 14, 2019.
The City has previously issued its $20,755,000 General Obligation Public Improvement
Refunding Bonds,Series 2009A(the"Series 2009A Bonds")of which$13,795,000 is outstanding,
its $78,875,000 General Obligation Public Improvement Refunding Bonds, Series 2009B (the
"Series 2009B Bonds") of which $41,520,000 is outstanding and its $33,000,000 General
Obligation Public Improvement Direct-Pay Build America Bonds, Series 2010A-2 (Taxable) (the
"Series 2010A-2 Bonds") of which $33,000,000 is outstanding. It has been recommended to the
City Council by the Financial Advisor that the City may achieve certain debt service savings by
refunding all or portions of the Series 2009A Bonds, Series 2009B Bonds and the Series 2010A-2
Bonds (collectively, the "Prior Bonds") through the issuance of general obligation public
improvement refunding bonds in the maximum aggregate principal amount of $68,000,000,
subject to certain parameters set forth herein.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH,VIRGINIA:
1. Issuance of Bonds. There shall be issued,pursuant to the Constitution and statutes
of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the
General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26,
Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds
of the City in the maximum principal amount of$117,000,000(the"Public Improvement Bonds")
and general obligation public improvement refunding bonds of the City in the maximum principal
amount of$68,000,000 (the "Refunding Bonds," and collectively with the Public Improvement
Bonds,the`Bonds").The proceeds of the Public Improvement Bonds will be used to provide funds
to finance, in part, the costs of various public, school, road and highway, coastal, economic and
tourism, buildings and parks and recreation improvements, as more fully described in the
ordinances authorizing the Public Improvement Bonds adopted on May 12, 2015, May 10, 2016,
May 9, 2017,May 15,2018 and May 14,2019. The proceeds of the Refunding Bonds will be used
to refund the Prior Bonds or selected maturities or portions of maturities thereof as herein
authorized. Proceeds of the Public Improvement Bonds and Refunding Bonds may also be applied
to the costs incurred in connection with issuing such obligations.
2. Bond Details. The Bonds may be issued in one or more series, including issuance
as a combined series, and shall be designated "General Obligation Public Improvement Bonds;"
provided any Bonds issued in whole or in part as Refunding Bonds shall also contain the word
"Refunding" in such designation. The Bonds shall contain the series designation 2019 or such
other designation as may be determined by the City Manager, shall be in registered form, shall be
dated such date as may be determined by the City Manager, shall be in denominations of$5,000
and integral multiples thereof and shall be numbered R-1 or RF-1 upward as appropriate. The
Bonds if issued as separate series may be sold at the same time or at different times as determined
by the City Manager in consultation with the Financial Advisor, and the principal amount of each
series of Bonds shall be determined by the City Manager in his discretion in consultation with the
Financial Advisor. Subject to Section 9,the issuance and sale of the Bonds are authorized on terms
as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or
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consultation with the Financial Advisor. Subject to Section 9, the issuance and sale of the Bonds
are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds
(a) shall have a "true" or "Canadian" interest cost not to exceed 3.75% with respect to the Public
Improvement Bonds and 2.50% with respect to the Refunding Bonds (taking into account any
original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a
price not less than 100% of the principal amount thereof, (c) shall be subject to optional
redemption beginning no later than and continuing after July 15, 2029, at an optional redemption
price of no more than 102% of the principal amount to be redeemed plus accrued interest to the
optional redemption date, and (d) shall mature annually in installments through serial maturities
or mandatory sinking fund payments beginning no later than July 15, 2020, and ending no later
than July 15, 2039. Principal of the Bonds shall be payable annually on dates determined by the
City Manager, which principal payment dates need not be the same for each series.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on
dates determined by the City Manager. Principal shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at their addresses as
they appear on the registration books kept by the Registrar on a date prior to each interest
payment date that shall be determined by the City Manager (the "Record Date"). Principal,
premium, if any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating
to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant
to this Section 2.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the direction of the City Manager,
attempt to locate another qualified securities depository to serve as Securities Depository and
authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or
authenticate and deliver certificated Bonds to the beneficial owners or to the Securities
Depository participants on behalf of beneficial owners substantially in the form provided for in
Section 6; provided, that such form shall provide for interest on the Bonds to be payable
(A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or
(B) from the interest payment date that is or immediately precedes the date on which the Bonds
are authenticated (unless payment of interest thereon is in default, in which case interest on such
Bonds shall be payable from the date to which interest has been paid). In delivering certificated
Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities
Depository as to the beneficial owners or the records of the Securities Depository participants
acting on behalf of beneficial owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 8.
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So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest,
transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the
Securities Depository and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants, (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its nominee and shall
not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter
of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the
extent set forth in this paragraph and the next preceding paragraph, shall control.
3. Refunding Provisions.
The City Manager is authorized and directed to select the principal maturities of the Prior
Bonds or portions of such maturities to be refunded and to cause to be called for optional
redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in
accordance with the provisions of such bonds; provided such maturities or portions thereof
selected are expected in the aggregate to provide a minimum savings of 2.00% on a net present
value basis as determined by the Financial Advisor. In connection with the refunding herein
authorized, the City Manager, if determined necessary or appropriate in consultation with the
Financial Advisor, is authorized to retain the services of independent consultants to provide
verification reports (the "Verification Agent") on aspects of the refunding and is further
authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter
into escrow agreements with them to the extent needed to hold and provide for investment of all
or portions of the proceeds of the Refunding Bonds and other funds as needed pending their
application to refund the Prior Bonds or portions thereof selected to be refunded.
4. Redemption Provisions.
(a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity
at the option of the City Manager, in whole or in part, at any time on and after dates, if any,
determined by the City Manager, with the first such optional redemption date beginning no later
than July 15, 2029 as set forth in Section 2 at a redemption price equal to the principal amount to
be redeemed, together with any interest accrued to the date fixed for redemption, plus a
redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such
redemption premium to be determined by the City Manager in consultation with the Financial
Advisor.
(b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the City Manager.
If so determined by the City Manager, the Bonds may provide that the City may take a
credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds
in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered
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for cancellation and have not been applied previously as such a credit. If the City wishes to take
such a credit, on or before the 70th day next preceding any such mandatory sinking fund
redemption date, the City's Director of Finance may instruct the Registrar to apply a credit
against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable
maturity that have been optionally redeemed or surrendered for cancellation by the City and have
not been previously applied as a credit against any mandatory sinking fund redemption
obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or
surrendered shall be credited at 100% of the principal amount thereof against the principal
amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund
redemption date or dates for such maturity as may be selected by the Director of Finance.
(c) Selection of Bonds for Redemption. If less than all of the Bonds are called for
optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's
Director of Finance in such manner as may be determined to be in the best interest of the City. If
less than all of a particular maturity of the Bonds are called for redemption, the Bonds within
such maturity to be redeemed shall be selected by the 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 Bond shall be considered as representing
that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
(d) Redemption Notices. The City shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission,
facsimile transmission, registered or certified mail or overnight express delivery, not less than 30
nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The
City shall not be responsible for providing notice of redemption to anyone other than DTC or
another qualified Securities Depository or its nominee unless no qualified Securities Depository
is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner
of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. 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 thereof.
5. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or
facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no
Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer,
as Registrar, or an authorized officer or employee of any bank or trust company serving as
successor Registrar and the date of authentication noted thereon.
6. Bond Form. The Bonds shall be in substantially the form attached to this
Resolution as Exhibit A, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose
approval shall be evidenced conclusively by the execution and delivery of the Bonds.
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7. Pledge of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of, premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of, premium, if any, and
interest on the Bonds.
8. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed
paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank
or trust company as successor paying agent and registrar of the Bonds. The Registrar shall
maintain registration books for the registration and registration of transfers of the Bonds. Upon
presentation and surrender of any Bonds at the office of the Registrar, or at its designated
corporate trust office if the Registrar is a bank or trust company, together with an assignment
duly executed by the registered owner or his duly authorized attorney or legal representative in
such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall
authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or Bonds
having an equal aggregate principal amount, in authorized denominations, of the same form and
maturity, bearing interest at the same rate and registered in the name as requested by the then
registered owner thereof or its duly authorized attorney or legal representative. Any such transfer
or exchange shall be at the expense of the City, except that the Registrar may charge the person
requesting such transfer or exchange the amount of any tax or other governmental charge
required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person or entity 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 or entity shown
as owner on the registration books as of the Record Date.
9. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the
City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth
in Sections 1 through 4, and the City Manager shall receive bids for the Bonds and award the
Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale
provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City
Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The
actions of the City Manager in selling the Bonds shall be conclusive, and no further action with
respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council.
10. Notice of Sale. The City Manager, in collaboration with 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 the Official Notice of Sale, which form is attached as an Appendix
to the draft of the Preliminary Official Statement described in Section 11 below, and which form
is approved;provided, that the City Manager, in collaboration with the Financial Advisor, may
make such changes in the Official Notice of Sale not inconsistent with this Resolution as he may
consider to be in the best interest of the City.
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11. Official Statement. A draft of a Preliminary Official Statement relating to the
Bonds, a copy of which has been provided or made available to each member of the City
Council, is approved as the form of the Preliminary Official Statement by which the Bonds will
be offered for sale, with such completions, omissions, insertions and changes not inconsistent
with this Resolution as the City Manager, in collaboration with the Financial Advisor, may
consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with
the Financial Advisor, shall make such completions, omissions, insertions and changes in the
Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable
to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager
to constitute conclusive evidence of his approval of any such completions, omissions, insertions
and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a
reasonable number of copies of the final Official Statement by the earlier of seven business days
after the Bonds have been sold or the date of issuance thereof, for delivery to each potential
investor requesting a copy of the Official Statement and for delivery to each person to whom
such purchaser initially sells Bonds.
12. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form for
the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of
the Securities and Exchange Commission (the "SEC"), except for the omission in the
Preliminary Official Statement of certain pricing and other information permitted to be omitted
pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official
Statement in final form shall be conclusive evidence that each has been deemed final as of its
date by the City, except for the omission in the Preliminary Official Statement of such pricing
and other information permitted to be omitted pursuant to Rule 15c2-12.
13. Preparation and Delivery of Bonds. After bids have been received and the
Bonds have been awarded to the winning bidder, the officers of the City are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with
their terms and to deliver the Bonds to the purchaser thereof upon payment therefor.
14. Arbitrage Covenants. The City covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations
issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in
the gross income of the registered owners thereof under existing laws. 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 any part of the earnings derived from the
investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent interest on the Bonds
from being includable in the gross income of the registered owners thereof under existing law.
The City shall pay any such required rebate from its legally available funds.
15. Non-Arbitrage Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
reasonably expected use and investment of the proceeds of the Bonds in order to show that such
reasonably expected use and investment will not violate the provisions of Section 148 of the
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Code, and any elections such officers deem desirable regarding rebate of earnings to the United
States, for purposes of complying with Section 148 of the Code. Such certificate and elections
shall be in such form as may be requested by bond counsel for the City.
16. Limitation on Private Use. The City covenants that it shall not permit the
proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds or of the facilities financed with
such proceeds being used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds
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 (c) 5% or more of such proceeds being 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;
provided, that if the City receives an opinion of nationally recognized bond counsel that any
such covenants need not be complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax purposes of the registered owners thereof
under existing law, the City need not comply with such covenants.
17. Post-Issuance Compliance. The Post Issuance Compliance Procedures
established as directed by resolution of the City Council adopted on March 13, 2012 and as
amended from time to time will apply to the Bonds to ensure that the proceeds of the Bonds and
the projects financed with such proceeds are used in compliance with the provisions of federal
tax law applicable to tax-exempt governmental obligations.
18. Continuing Disclosure Agreement. The Mayor, the City Manager and such
officer or officers of the City as either may designate are hereby authorized and directed to
execute and deliver a continuing disclosure agreement setting forth the reports and notices to be
filed by the City and containing such covenants as may be necessary to assist the purchaser of
the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure
agreement shall be substantially in the form attached as an Appendix to the draft of the
Preliminary Official Statement described in Section 10 above, which form is approved with such
completions, omissions, insertions and changes that are not inconsistent with this Resolution.
The Mayor, the City Manager and such other officers of the City as either may designate are
further authorized to the extent necessary or appropriate to develop, implement or enhance
procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all
obligations issued and to be issued by the City to which such Rule applies.
19. Other Actions. All other actions of officers of the City and of the City Council
in conformity with the purposes and intent of this Resolution and in furtherance of the issuance
and sale of the Bonds are hereby ratified, approved and confirmed. The City Manager or his
designee is authorized to transfer funds to the City of Virginia Beach Public Schools for projects
to be reimbursed from proceeds of the Bonds, and any funds previously transferred for such
purpose is hereby ratified, confirmed and shall be reimbursed from proceeds of the Bonds . The
officers of the City are authorized and directed to execute and deliver all certificates and
instruments and to take all such further action as may be considered necessary or desirable in
connection with the issuance, sale and delivery of the Bonds.
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20. Investment Authorization. The City Council hereby authorizes the Director of
Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the
Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the
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.
21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
22. Effective Date. This Resolution shall take effect immediately.
Exhibit A—Form of Bond
9
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the City Council of the City of Virginia Beach,Virginia,this 4th day of June,
2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFF CY:
Finance Department City : w.I`r! Office
CA-14749
R-1
May 23, 2019
4850-7876-1109.2
Exhibit A—Form of Bond
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 this 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
No.
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public [and Refunding] Improvement Bond
Series 2019A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
, 2019
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal
representative, the Principal Amount stated above on the Maturity Date stated above, subject to
prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated
Date stated above on each January 15 and July 15, beginning January 15, 2020, at the annual
Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months.
Principal, premium, if any, and interest are payable in lawful money of the United States of
America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City
may appoint a qualified bank as successor paying agent and registrar for the bonds.
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, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Blanket Issuer Letter of Representations to DTC.
This bond is one of an issue of $ General Obligation Public Improvement
[and Refunding] Bonds, Series 2019A (the "Bonds"), of like date and tenor, except as to number,
denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the
Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the
Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City
Council of the City of Virginia Beach (the "City Council") on May 12, 2015, May 10, 2016,
May 9, 2017, May 15, 2018 and May 14, 2019, and are being issued pursuant to a resolution
adopted by the City Council on June , 2019 (the "Bond Resolution"), to finance various
public, school, road and highway, coastal, economic and tourism, building and parks and
recreation improvements [to refund $ of the City General Obligation Bonds, Series ]
and to pay costs of issuance of the Bonds.
The Bonds maturing on or before Jul 15, [20 ], are not subject to optional redemption
prior to maturity. The Bonds maturing on or after July 15, [20 ], are subject to redemption prior
to maturity at the option of the City on or after July 15, [20 ], in whole or in part at any time (in
any multiple of $5,000), upon payment of the following redemption prices (expressed as a
percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to
the date fixed for redemption:
Period During Which Redeemed
(Both Dates Inclusive) Redemption Price
[The Bonds maturing on [July 15, 20_,] are required to be redeemed in part before
maturity by the City on [July 15, 20 ] in the years and amounts set forth below, at a
redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus
interest accrued and unpaid to the date fixed for redemption:
Year Amount Year Amount
The Bond Resolution provides for a credit against the mandatory sinking fund
redemption of the Bonds maturing on [July 15, 20 ] in the amount of Bonds of the same
maturity that have been optionally redeemed or surrendered for cancellation and have not been
applied previously as such a credit.]
If less than all of the Bonds are called for optional redemption, the maturities of the
Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may
be determined to be in the best interest of the City. If less than all the Bonds of a particular
maturity are called for redemption, the Bonds within such maturity 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
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selecting Bonds for redemption, each Bond shall be considered as representing that number of
Bonds that is obtained by dividing the principal amount of such Bond by$5,000.
The City shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered
or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to
the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this
bond is called for redemption, a new Bond in the principal amount of the unredeemed portion
hereof will be issued to the registered owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged for the payment of principal
of, premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the City Council shall levy and collect an annual
ad valorem tax, over and above all other taxes authorized or limited by law and without
limitation as to rate or amount, on all taxable property within the City sufficient to pay when due
the principal of, premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and interest on this bond and the exercise of all
other rights and powers of the owner, except that interest payments shall be made to the person
or entity shown as the owner on the registration books on the 15th day of the month preceding
each interest payment date.
In the event a date for the payment of principal, redemption price, or interest on this bond
is not a business day, then payment of principal, redemption price, and interest on, this bond
shall be made on the next succeeding day which is a business day, and if made on such next
succeeding business day, no additional interest shall accrue for the period after such payment or
redemption date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and the issue of Bonds of which this
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of Virginia.
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IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond
to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated the Dated Date stated above.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia
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ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto:
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
•
•
•
•
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to
transfer said bond on the books kept for the registration thereof, with full power of substitution in
the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be (Signature of Registered Owner)
guaranteed by an Eligible Guarantor NOTICE: The signature above must
Institution such as a Commercial Bank, Trust correspond with the name of the registered
Company, Securities Broker/Dealer, Credit owner as it appears on the front of this bond in
Union or Savings Association who is a every particular, without alteration or
member of a medallion program approved by enlargement or any change whatsoever.
The Securities Transfer Association, Inc.
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City of Virginia Beach,Virginia
2019A General Obligation Bond Sale-$117 million
City and School Expenditures 1/30/2018-4/30/2019 and Future Needs
(in thousands)
Expenditures to
Reimburse with
Project Number&Name Bond Proceeds
Roadways
2025 Witchduck Road - Phase II 10,099.80
2256 Indian River Road Phase VII-A 1,497.40
2418 Indian River Rd/Kempsville Rd Intersection Improvements 3,191.00
TOTAL GENERAL GOVERNMENT $ 14,788.20
Schools
1003 Renovations and Replacements- Energy Management II 5,224.80
1004 Tennis Court Renovations Phase II 489.10
1025 Kempsville High School Entrepreneurial Academy Improvements 874.50
1043 Thoroughgood Elementary School Replacement 27,633.80
1056 Princess Anne Middle School Replacement 24,249.80
1099 Renovations& Replacements Grounds Phase II 367.30
1102 21st Century Learning Environment Improvements 1,857.00
1103 Renovations& Replacements- HVAC Systems Phase II 2,898.40
1104 Renovations& Replacements- Reroofing Phase II 1,213.70
1105 Renovations& Replacements-Various Phase II 1,077.40
1233 Old Donation School 380.20
1182 Renovations and Replacements-Various III 4,796.30
1178 Renovations and Replacements-Grounds III 2,522.30
1179 Renovations& Replacements- HVAC Systems Phase III 12,270.90
1184 Plaza Annex/Laskin Road Office Addition 11,606.30
1180 Renovations& Replacements- Reroofing Phase III 4,750.00
TOTAL SCHOOLS 102,211.80
TOTAL PROJECT FUNDS* $ 117,000.00
*Preliminary, subject to change.
5/29/2019 W:\Bond Management\General Obligation\2019$XX.X M GO\Compliance\Project List\Prelim Project List$117M tab:Project List Pre-Sale-Council
44
ITEM— VLH.3
ORDINANCES/RESOLUTIONS
ITEM#69326
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Resolution to SUPPORT the City's local commitment for the Virginia Department of
Transportation (VDOT)re Pacific Avenue Bicycle and Pedestrian Safety Program Project
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 A RESOLUTION TO SUPPORT THE CITY'S LOCAL
2 COMMITMENT FOR THE VIRGINIA DEPARTMENT
3 OF TRANSPORTATION PACIFIC AVENUE
4 BICYCLE AND PEDESTRIAN SAFETY PROGRAM
5 PROJECT
6
7 WHEREAS, in accordance with the Virginia Commonwealth Transportation
8 Board ("CTB") construction allocation procedures, it is necessary that a resolution be
9 received from the sponsoring jurisdiction requesting that the Virginia Department of
10 Transportation ("VDOT") establish Bicycle and Pedestrian Safety Program ("BPSP")
11 projects to be administered by the City of Virginia Beach and to commit to fund the local
12 portion of the costs of these projects;
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA THAT:
16
17 1. The City of Virginia Beach ("City") requests that the CTB establish a project for
18 the following BPSP project: Pacific Avenue Pedestrian Improvement Project;
19
20 2. The City hereby commits to provide a previously agreed upon local contribution
21 of $526,000 for this project and, subject to appropriation, any additional funds
22 necessary to complete the applicable project contained within this resolution;
23
24 3. The City hereby agrees to enter into a project administration agreement with the
25 VDOT and provide the necessary oversight to ensure the project is developed in
26 accordance with all state and federal requirements for design, right of way acquisition,
27 and construction of a federally funded transportation project;
28
29 4. The City, subject to appropriation by the City Council, will be responsible for
30 maintenance and operating costs of any improvements constructed with BPSP funds
31 unless other arrangements have been made with VDOT;
32
33 5. If the City Council subsequently elects to cancel this project, the City hereby
34 agrees to reimburse to VDOT, subject to appropriation, the total amount of costs
35 expended by VDOT through the date VDOT is notified of such cancellation. The City
36 also agrees to repay, subject to appropriation, any funds previously reimbursed that are
37 later deemed ineligible by the Federal Highway Administration;
38
39 6. That the City Manager is hereby authorized to execute on behalf of the City all
40 necessary project agreements for project development and construction for all FY 2018-
41 19 BPSP related projects.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
44 of June , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget an: anagenient Services City Attorney's Office
CA14758
R-1
May 22, 2019
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Prepared by P.W./Eng./Eng.Support Services Bureau 9/12/2018 X:\CADD\Projects\ARC Files\AGENDA MAPS\Pacific Avenue Pedestrian Improvements
45
ITEM— VI.H.4
ORDINANCES/RESOLUTIONS
ITEM#69327
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between
Hampton Roads Economic Development Alliance (HREDA), the City and ten (10) other Regional
Localities re regional economic development
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F.Berlucchi, Mayor Robert M Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE AN AGREEMENT WITH HAMPTON ROADS
3 ECONOMIC DEVELOPMENT ALLIANCE, THE CITY OF
4 VIRGINIA BEACH AND TEN OTHER REGIONAL
5 LOCALITIES
6
7 WHEREAS, Hampton Roads Economic Development Alliance ("HREDA") has
8 functioned as the regional economic development marketing organization, and it is
9 supported by private and public sector investors;
10
11 WHEREAS, the primary mission of HREDA is the growth of the regional economy,
12 including the economy of the City of Virginia Beach;
13
14 WHEREAS, the promotion of economic growth in Virginia Beach is one of City
15 Council's top five goals;
16
17 WHEREAS, in an effort to promote economic growth, City Council appropriated
18 $400,000 in its FY 2019-20 Budget as Virginia Beach's contribution to HREDA;
19
20 WHEREAS, the funds will be provided and used by HREDA as set forth in a master
21 agreement between HREDA, Virginia Beach and the ten other participating regional
22 localities; and
23
24 WHEREAS, City Council is of the opinion that continued participation in HREDA
25 will promote economic growth to the benefit of the citizens of the City of Virginia Beach.
26
27 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
28 VIRGINIA:
29
30 The City Manager is hereby authorized to execute the Master Agreement for
31 Regional Economic Development between HREDA, the City of Virginia Beach and the
32 ten other regional localities identified in that document, so long as the Master Agreement
33 is substantially in the form attached hereto as Exhibit A, subject only to technical
34 modifications as may be acceptable to the City Manager and in a form deemed
35 satisfactory by the City Attorney.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of
38 June , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Ecorlo, is Development City Attorney
CA14656
rbgov.corn dfs I\applications\citylaw\cycom32\wpdocs\d024\p028\00564798.doc
R-1
May 28, 2019
{
EXECUTION COPY EXHIBIT A
MASTER AGREEMENT
FOR
REGIONAL ECONOMIC DEVELOPMENT
This MASTER AGREEMENT FOR REGIONAL ECONOMIC DEVELOPMENT
(as in effect from time to time, "Agreement") is entered into as of July 1, 2019 ("Effective
Date"), by and between the HAMPTON ROADS ECONOMIC DEVELOPMENT
ALLIANCE, a Virginia non-stock, non-profit corporation ("Alliance"), the CITY OF
CHESAPEAKE, , a political subdivision of the Commonwealth of Virginia ("Chesapeake"),
the CITY OF FRANKLIN, a political subdivision of the Commonwealth of Virginia
("Franklin"), the CITY OF HAMPTON, a political subdivision of the Commonwealth of
Virginia ("Hampton"), the COUNTY OF ISLE OF WIGHT, a political subdivision of the
Commonwealth of Virginia ("Isle of Wight"), the CITY OF NEWPORT NEWS, a political
subdivision of the Commonwealth of Virginia("Newport News"), the CITY OF NORFOLK, a
political subdivision of the Commonwealth of Virginia ("Norfolk"), the CITY OF
POQUOSON, a political subdivision of the Commonwealth of Virginia ("Poquoson"), the
CITY OF PORTSMOUTH, a political subdivision of the Commonwealth of Virginia
("Portsmouth"), the CITY OF SUFFOLK, a political subdivision of the Commonwealth of
Virginia ("Suffolk"), the COUNTY OF SOUTHAMPTON, a political subdivision of the
Commonwealth of Virginia ("Southampton"), and the CITY OF VIRGINIA BEACH, a
political subdivision of the Commonwealth of Virginia ("Virginia Beach;" Chesapeake,
Franklin, Hampton, Isle of Wight, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk,
Southampton and Virginia Beach individually and collectively, whether one or more, "Public
Investors"). Each of the Alliance and the Public Investors are referred to individually as a
"Party"and collectively as the"Parties."
RECITALS:
A. The Parties desire to stimulate growth of businesses, high paying jobs, tax base,
the regional economy and economic opportunity for the citizens, businesses, cities and counties
in the Hampton Roads region of Virginia ("Region"). Accomplishing this objective requires a
regional working relationship that is cooperative, harmonious, aligned and adequately resourced.
B. The Parties have determined that the findings and recommendations set forth in
the report on Inward Investment and Business Environment Improvement Actions (March 2018),
issued by IBM-Plant Location International ("Report"), should be used as a strategic plan to
guide the Region's economic development efforts. The Report recommends that the Region's
economic development efforts primarily focus on the following industry sectors (collectively,
"Targeted Industries"): Shared Services, IT and Software Development, Food Processing,
Transport Technologies, Data Analytics and Transportation/Distribution. The Report also
recognizes that from time to time additional industry sectors may warrant inclusion in the
Targeted Industries and that a portion of Alliance resources should be made available to develop
opportunities in such additional sectors. Examples of such additional industry sectors include
cybersecurity,biotech R&D and manufacturing, data centers and other opportunities arising from
the Region's investment in broadband infrastructure and the transcontinental undersea data
cables connecting the Region and the Mid-Atlantic United States to Europe and South America.
37604815_8
C. The Parties intend to implement a comprehensive regional economic development
program on the terms set forth in this Agreement that is consistent with the following core
principles:
(i) The program will be investor/customer oriented to improve the Region's
competitive position and to better serve the investors in the Alliance;
(ii) Marketing, messaging, regional site preparation/development, workforce
development, cluster development and innovation through business expansion, retention
and attraction will be coordinated regionally;
(iii) The vehicle for this initiative will be a true regional/local partnership
between government, business, education and non-profits in the Region with visible and
active leadership from the highest levels including CEOs, Mayors, Chairs, Chief
Administrative Officers and Presidents;
(iv) Sustainable resources of at least $4 million annually will be provided to
the Alliance, funded equally by business and government;
(v) The Report will be utilized as a strategic plan to guide the Region's
comprehensive economic development strategy; and
(vi) A public-private steering committee will be formed to provide leadership
to advance the restructuring and resourcing of the Region's economic development
program.
NOW, THEREFORE, for and in consideration of the covenants set forth in this
Agreement,the Parties stipulate and agree as follows:
1. Term of Agreement. The initial term of this Agreement begins on July 1, 2019
and expires on June 30, 2022. Thereafter, unless a Party notifies the other Parties that it will
withdraw from this Agreement not less than thirty(30) days prior to the end of the initial term or
the then current term, the term of this Agreement automatically will renew and be extended for
an additional one(1) year period.
2. Funding by Public Investors. The Public Investors will provide annual funding
("Public Funding") to the Alliance in an amount approximately equal to the total commitments
for annual funding provided to the Alliance by contributors that are not Public Investors (e.g.,
individuals, businesses, non-profit organizations, educational institutions, foundations, parties
providing grants, commissions and boards (individually and collectively, whether one or more,
"Private Investors")). Payment of Public Funding may be made in annual, semi-annual or
quarterly-annual installments as determined by each Public Investor in its discretion from time to
time.
2
(i) Baseline Public Funding. For the fiscal year July 1, 2019 to June 30, 2020,
Public Funding for each Public Investor will be in the baseline amounts set forth on Exhibit A
attached to and incorporated in this Agreement by this reference. Beginning in 2020 and
annually thereafter, the Public Investors collectively will determine their respective funding
amounts for the forthcoming fiscal year so that the aggregate amount of Public Funding is
consistent with the principles set forth in Section 3.
(ii) Annual Appropriation. Notwithstanding anything to the contrary in this
Agreement, (i) funding to be provided by each Public Investor pursuant to this Agreement is
subject to annual appropriation in each Public Investor's annual budget and (ii) failure of any
Public Investor to make an annual appropriation of its required annual funding under this
Agreement prior to July 1 of any year in the term of this Agreement will not constitute a breach
of this Agreement by such Public Investor but rather will constitute the automatic withdrawal of
such Public Investor from this Agreement. Any Public Investor that is automatically deemed to
have withdrawn from this Agreement will no longer be entitled to any benefits, or have any
future obligations,under this Agreement.
3. Equal Funding byt Private Investors and Public Investors. One of the core
principles of this Agreement, and of the engagement and financial support from Private
Investors, is that sustainable resources of at least $4 million annually be provided to the Alliance,
funded equally by Public Investors and Private Investors. Consequently, if at any time (i) the
annual funding provided by Private Investors is less than the annual funding provided by Public
Investors, then the Public Investors may reduce the Public Funding to a level approximately
equal to the annual funding provided by Private Investors and (ii) the annual funding provided by
Public Investors is less than the annual funding provided by Private Investors, then the Private
Investors may reduce their annual funding to a level approximately equal to the Public Funding.
Notwithstanding the provisions of this Section, the Parties acknowledge that it is unlikely that
annual funding by Public Investors and Private Investors ever will be exactly equal due to Public
Investors funding pursuant to budget appropriations on a fiscal year basis, funding from Private
Investors being made on a calendar year basis and the Parties' expectation that annual funding
will take approximately three years to reach approximately$4 million annually.
4. Obligations of the Alliance. The Alliance will have the following responsibilities
and obligations:
(i) Annual Plan. Establish an annual business plan ("Annual Plan") that includes a
budget, staffing and the programs and actions to be taken by the Alliance during the forthcoming
year, including goals, action items and performance metrics to be used to manage and measure
progress in implementing the Annual Plan ("Performance Metrics"). The Annual Plan and
Performance Metrics will be consistent with the Report's recommendations, subject to available
financial resources and staffing. The Annual Plan and Performance Metrics may be adjusted
periodically by the Alliance Board of Directors. If Performance Metrics are not being achieved,
then the Alliance Board of Directors and Alliance management will assess the relevant causative
factors and implement appropriate measures in response to such factors. Failure to meet any
Performance Metrics will not,by itself, constitute a breach of this Agreement unless the Alliance
fails to develop and implement appropriate responses.
3
(ii) Services and Functions. The Alliance will:
(a) Be the lead and single point of contact and information source for outside
investors, Virginia Economic Development Partnership ("VEDP") and other state agencies, real
estate brokers, real estate developers, franchise utilities, the Port of Virginia, site consultants,
workforce boards, educational institutions and all other parties seeking to invest in or be
involved in the Region's economic development.
(b) Develop a regional operating protocol with VEDP.
(c) Manage regional and support local responses to outside investors
throughout the overall site/facility location evaluation and selection process.
(d) Work collaboratively with the Public Investors and other regional
economic development stakeholders to (A) develop the Region's economic development
strategy, value proposition and message development and (B)market the Region as a location for
business operations, quality and inclusive economic growth and talent attraction and job creation
through local, national and international marketing campaigns and business development
activities. Primary focus will be given to economic growth within the Targeted Industries.
(e) Develop and manage the Region's business retention, expansion and
organic growth strategy, in conjunction and collaboration with the Public Investors' economic
development departments and other organizations involved in the Region's economic
development strategy, including growth of business clusters and startups within the Targeted
Industries. This will include monitoring,benchmarking, assessing and directly supporting a local
and regional business retention and expansion strategy.
(f) Support each Public Investor's efforts to close economic development
transactions.
(g) Work collaboratively to enhance the Region's long-term regional business
environment improvement programs and efforts as set forth in the Report, including regional
talent and workforce development, site and facility development, pro-business regulations and
return on investment driven economic incentives.
(h) Organize and manage the Region's economic developer team ("RED
Team"). The Red Team will (A) obtain input from the Public Investors and other organizations
involved in regional economic development into the Annual Plan, (B) develop and implement
marketing and branding strategies for the Region, (C) coordinate with each Public Investor's
economic development department, and other organizations involved in regional economic
development, on implementation of the Region's economic development strategy and
performance of the Annual Plan, (D) ensure that regional and local economic development
efforts are aligned, are complimentary, are cost effective and do not conflict or compete with
each other, (E) develop and implement a regional operating protocol between the Alliance and
the Public Investors to promote coordination of communications regarding economic
development inquiries and (F) develop and implement a regional operating protocol between the
Alliance and the Public Investors to promote coordination of site preparation and development in
support of the Region's economic development strategy.
(i) Work collaboratively with each Public Investor's economic development
department to benchmark local and regional competitiveness and regularly provide data and
4
information regarding matters that could impact each Public Investor's ability to attract or retain
business and employment.
(j) Maintain and develop regional business intelligence (demographic,market
and property data, etc.) in coordination with the Hampton Roads Planning District Commission,
Reinvent Hampton Roads, Go Virginia, the Port of Virginia and local universities, and serve as
an information source in support of regional and local economic development.
(iii) Annual Report. Provide an annual report to the Public and Private Investors
covering the Alliance's activities, budget and achievement of Performance Metrics for the
applicable period.
5. Obligations of the Public Investors. The Public Investors will:
(i) Recognition of Role of the Alliance. (a) Designate the Alliance as its official
regional economic development organization and single point of contact for regional marketing,
business attraction, client communications and care and (b)work cooperatively with the Alliance
with respect to business attraction, closing in-bound investment opportunities, business retention
and expansion and marketing and messaging in support of the Annual Plan and the Region's
economic development strategy. For the avoidance of doubt, this provision does not preclude
Public Investors from facilitating the expansion and retention of existing businesses within their
respective jurisdictions or from pursuing leads and opportunities with new-to-market companies
that have selected a specific jurisdiction as their preferred location for business investment. It is
the intent of the Parties that they will have a regional working relationship that emphasizes
communication and is collaborative, cooperative and aligned to maximize economic
development opportunities.
(ii) Funding. Provide their respective shares of the Public Funding.
(iii) RED Team. Direct and appoint their senior economic development officer to be
the primary staff liaison to the Alliance and represent the Public Investor on the RED Team, and
ensure that regional and local economic development efforts are aligned, are complimentary, are
cost effective and do not conflict or compete with each other.
(iv) Encagement in Governance of the Alliance. Designate an elected official (Mayor/
Chair or other elected official) to serve on the Alliance Board of Directors and actively
participate in and represent the Public Investor in Alliance governance and program matters.
This person will serve as the Public Investor's key communication liaison with the Alliance. The
Public Investor's chief administrative officer may serve as an alternate voting representative on
the Board of Directors in the absence of such elected official.
(v) Services and Functions. The Public Investors will:
(a) Actively align and coordinate their economic development activities and
efforts to ensure that such activities and efforts are supportive of the Region's overall regional
economic development strategy and do not duplicate or conflict with the regional strategy and
the Annual Plan.
5
(b) Cooperatively work with the Alliance to improve regional and local
competitiveness and market readiness to support the growth and expansion of the Targeted
Industries.
(c) Coordinate with the Alliance to develop, monitor, benchmark, assess and
implement an effective local and regional business retention and expansion strategy.
(d) Participate in the Alliance and RED Team planning processes to help
ensure that the Annual Plan and operating protocols incorporate the Public Investors' priorities.
(e) Respond to leads or prospects referred by the Alliance in a timely manner
pursuant to protocols established by the Alliance and approved by the RED Team.
(f) Participate in the Alliance led marketing and business development
activities designed to promote the Region overall as a business location.
6. Governance of the Alliance. Management and governance provisions for the
operation of the Alliance are set forth in the Alliance Bylaws. The Parties recognize that
revisions to such governance and management Bylaw provisions will be required to provide
more effective and efficient management and governance for the Region's economic
development program. The Parties and the Private Investors will evaluate and implement a
governance structure that may include, among other revisions,the following:
(a) Public Investors that provide at least $125,000 of annual Public Funding
(collectively, "Major Public Investors") will have a prominent role in the development of a
new governance and management structure.
(b) The Major Public Investors will be represented on the Alliance Board of
Directors.
(c) At-large representation on the Alliance Board of Directors and a
subcommittee structure will be utilized to provide opportunities for all Public Investors to have
input into the operation and direction of the Alliance.
7. Administrative Provisions.
(i) Entire Agreement. This Agreement contains the entire agreement of the Parties
regarding the subject matter of this Agreement, and there are no other terms, obligations,
covenants or conditions, oral or otherwise, of any kind whatsoever.
(ii) Amendments: Waivers. No change or modification to, or waiver of any provision
of,this Agreement will be binding or enforceable unless in writing and signed by the Parties.
(iii) Assignment. This Agreement, and the rights and obligations of the Parties under
this Agreement,may not be assigned by any Party without the prior written consent of all Parties.
(iv) Additional Public Investors. Should any other city or county desire to become a
party to this Agreement from time to time, such city or county may do so by signing and
delivering a Joinder Agreement also approved and signed by the Parties.
(v) Counterparts. This Agreement may be executed simultaneously in counterparts,
each of which will be deemed an original but all of which together will constitute one and the
6
same agreement. This Agreement and any amendments or joinders to this Agreement, to the
extent signed and delivered by means of a .PDF, facsimile machine, email or other electronic
transmission, will be treated in all manner and respects and for all purposes as an original
agreement or instrument and will be deemed to have the same binding legal effect as if it were
the original signed version thereof delivered in person.
(vi) Severability. If any term, covenant, condition or provision of this Agreement is
unlawful, invalid or unenforceable, such illegality, invalidity or unenforceability will not affect
the remaining provisions of this Agreement, which will remain in full force and effect and will
be binding on the Parties.
(vii) Headings. The headings of the sections of this Agreement are inserted for
convenience only and do not affect the meaning or interpretation of this Agreement or any
provision of this Agreement.
(viii) Construction. Unless the context requires otherwise, singular nouns and pronouns
used in this Agreement will be deemed to include the plural, and pronouns of one gender will be
deemed to include the equivalent pronoun of the other gender.
(ix) Notices. All notices, requests, demands or other communications provided for in
this Agreement must be in writing and will be deemed to have been given and received, when
addressed to the Parties at the addresses set forth on their respective signature pages to this
Agreement, (a) one (1) business day after being sent by reputable overnight carrier for priority
next day delivery, charges prepaid, or(b) five(5) business days after being sent by registered or
certified U.S. Mail, return receipt requested, postage prepaid. Each Party may designate a
different or additional address or addressee from time to time by notice to the other Parties.
(x) Default by Alliance. If the Alliance fails to fulfill any material obligation under
this Agreement and such failure continues for more than sixty (60) days after notice of such
failure is given by a Public Investor, then the Public Investors may terminate this Agreement by
notice to the Alliance; provided that if the remedy requires work to be done or actions taken
which by their nature reasonably cannot be accomplished within such period,then no default will
be deemed to exist if the Alliance commences and diligently pursues appropriate remedies to
completion within one hundred twenty (120) days or such longer period as may be approved by
the Public Investors.
(xi) Applicable Law. This Agreement will be governed by, and will be construed and
performed in accordance with, the laws of the Commonwealth of Virginia.
(xii) No Third-Party Beneficiaries. This Agreement is for the benefit of the Parties
only. No other person or entity will have any right or entitlement, whether as third-party
beneficiary or otherwise, with respect to or by reason of any provision of this Agreement.
[Remainder of page intentionally left blank; signature pages follow.]
7
[Signature page—Master Agmt for Regional ED]
IN WITNESS WHEREOF,an authorized representative of each of the Parties has
signed this Master Agreement for Regional Economic Development effective as of the Effective
Date.
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE,
a Virginia non-stock,non-profit corporation
By: (SEAL)
Print Name: Robert S.Herbert
Title: Interim President and CEO
Address for Notices:
500 East Main Street
Suite 1300
Norfolk,VA 23510
Attn: President/CEO
[Signatures continue on next page]
8
•
[Signature page—Master Agmt for Regional ED]
CITY OF
a political subdivision of the Commonwealth of Virginia
By: (SEAL)
Name:
Title:
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
APPROVED AS TO CONTENT:
City Manager
Address for Notices:
,Virginia
Attn: City Manager
With a copy to:
,Virginia
Attn: City Attorney
[Signature pages for each Public Investor to be added]
[Signatures continue on next page]
9
EXHIBIT A
Public Investor Baseline 2019-2020 Public Funding
Chesapeake $ 240,397
Franklin $ 8,176
Hampton $ 134,669
Isle of Wight $ 36,552
Newport News $ 179,388
Norfolk $ 244,703
Poquoson $ 12,053
Portsmouth $ 94,572
Suffolk $ 90,237
Southampton $ 17,750 •
Virginia Beach $ 400,000
Total $ 1,458,932
10
46
ITEM— VLH.5
ORDINANCES/RESOLUTIONS
ITEM#69328
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an
Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and
the City re purchase of Agricultural Reserve Program (ARP) easements
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 A RESOLUTION AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE AN
3 INTERGOVERNMENTAL AGREEMENT BETWEEN
4 THE VIRGINIA DEPARTMENT OF AGRICULTURE
5 AND CONSUMER SERVICES AND THE CITY OF
6 VIRGINIA BEACH REGARDING THE PURCHASE OF
7 AGRICULTURAL RESERVE PROGRAM EASEMENTS
8
9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands
10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve
11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands
12 within the City;
13
14 WHEREAS, since its inception of the ARP, approximately 9,873 acres of land
15 have been placed under easements restricting development of the land to agricultural
16 uses;
17
18 WHEREAS, the General Assembly, by Chapter 2 of the 2018 Special Session 1
19 Acts of Assembly, appropriated $250,000 in the fiscal year ending June 30, 2019 to the
20 Virginia Department of Agriculture and Consumer Services ("VDACS") for the
21 continuation of a state fund to match local governmental purchases of development
22 rights program funds for the preservation of working farms and forest lands;
23
24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office
25 of Farmland Preservation to develop methods and sources of revenue for allocating
26 funds to localities to purchase agricultural conservation easements;
27
28 WHEREAS, VDACS has determined that the City is eligible to receive
29 contributions of funds from VDACS in reimbursement for certain costs the City will incur
30 in the course of purchasing ARP easements;
31
32 WHEREAS, the City and VDACS desire to enter into an agreement wherein
33 VDACS will agree to reimburse the City for certain costs incurred by the City in the
34 course of purchasing ARP easements, up to a cumulative maximum amount of
35 $111,618.52 for a period of two (2) years from the date of the agreement;
36
37 WHEREAS, a copy of the proposed agreement between the City and VDACS,
38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and
39 Consumer Services and The City of Virginia Beach," dated December 31, 2018 (the
40 "Agreement"), is on file in the City Clerk's Office;
41
42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as
43 Exhibit A; and
44 WHEREAS, the City Council finds that the terms of the said Agreement are fair
45 and reasonable and would be of significant benefit to the City and its citizens by
46 providing an additional source of funds for the purchase of ARP easements.
47
48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
49 OF VIRGINIA BEACH:
50
51 That the City Manager is hereby authorized and directed to execute the
52 Intergovernmental Agreement between the Virginia Department of Agriculture and
53 Consumer Services and the City of Virginia Beach, dated December 31, 2018, so long
54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit
55 A and incorporated herein, and such other terms, conditions, or modifications as may be
56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney,
57 and to take such measures as are necessary or advisable to implement the Agreement.
58
59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
60 VIRGINIA BEACH:
61
62 That the City Council hereby expresses its appreciation to the Governor, the
63 General Assembly and the Virginia Department of Agriculture and Consumer Services
64 for their continued commitment to the preservation of agriculture within the
65 Commonwealth of Virginia and the City of Virginia Beach.
66
67 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
68 of June , 2019.
Approved as to Content: Approved as to Legal Sufficiency:
Dept. of Agriculture City Attorney
CA14655
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R-1
May 24, 2019
EXHIBIT A
Summary of Terms
Intergovernmental Agreement
between
Virginia Department of Agriculture and Consumer Services
and
The City of Virginia Beach
(the "Agreement")
Parties:
The City of Virginia Beach (the "City") and the Virginia Department of Agriculture
and Consumer Services ("VDACS").
Background:
Since 2008, the City has been approved to receive a total of $1,882,585.43 from
VDACS for reimbursement of costs associated with purchasing easements under
the City's Agricultural Reserve Program ("ARP"), as follows:
6/24/08 — $ 403,219.75
1/27/09 — 49,900.00
2/23/10 — 93,932.19
2/22/11 — 12,500.00
6/14/11 — 54,247.37
1/24/12 — 110,952.46
1/22/13 — 160,715.64
3/11/14 — 149,678.46
2/24/15 — 286,983.46
2/02/16 — 411,890.87
2/07/17 - 86,950.00
2/20/18 - 61 ,615.23
The City is now eligible to receive an additional $111,618.52 in VDACS funds.
VDACS Responsibilities:
VDACS will reimburse the City for certain costs of purchasing ARP easements.
The maximum amount in new funding over the next two years is $111,618.52
under the Agreement.
Reimbursable items include:
• cost of Treasury STRIPS acquired to purchase the easement
• title insurance
• appraisals
• physical surveys
• reasonable attorney's fees
• public notices
• recordation fees
Maximum reimbursement for a single purchase is equal to 50% of the sum of the
amounts actually paid by the City for the purchase price of the easement and
reimbursable costs.
City of Virginia Beach Responsibilities:
• Obtain title insurance on City's purchased interest that covers an amount
at least equal to the amount for which City requests reimbursement from
VDACS.
• Utilize state funds to further protect agricultural lands by purchasing
development rights.
• Submit an annual progress report to VDACS each year that the
Agreement is in effect to: (i) describe any prospective properties and the
status of any negotiations; (ii) provide estimated timeframes for execution
of purchase agreements; (iii) describe City's public outreach program
designed to educate various stakeholders; (iv) describe City's
development and maintenance of a monitoring program; and (v) describe
how City is continually evaluating the effectiveness of the ARP program.
• Enforce terms of each ARP easement.
• If City sells development rights back to the property owner, City must
reimburse VDACS in an amount proportional to the VDACS contribution
toward the total reimbursable cost of acquiring the ARP easement.
• Within 30 days of execution of the Agreement, City shall have available
local funds greater than or equal to the allocation amount for the purpose
of purchasing ARP easements.
Duration and Termination:
• Term is two years from the date of the Agreement (December 31, 2018
through December 31, 2020).
• City may be recertified as eligible for future funding, but not guaranteed.
• The Agreement may be terminated if the City fails to perform any of its
obligations under the terms of the Agreement.
• If the City fails to allocate the spending of the funds within the two year
time period, monies will then be redistributed to other Purchase of
Development Rights programs.
2
47
ITEM-VI-H.6
ORDINANCES/RESOLUTIONS
ITEM#69329
The following registered to speak:
Conrad Schesventer, 1367 Hafford Road, Phone: 719-2113, spoke in SUPPORT
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED
Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City:
a. Fast Track EMS, LLC
b. Miracle Medical Transport, LLC d/b/a Mid-Atlantic Regional Ambulance
c. MB Solutions, LLC
d. Shore Transport Services, Inc.
e. ISC Medical Transport, LLC
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN
2 EMERGENCY MEDICAL SERVICES AGENCIES TO
3 OPERATE IN THE CITY OF VIRGINIA BEACH
4
5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates
6 an emergency medical services agency or any emergency medical services vehicle within
7 the City must first obtain a permit from City Council, and such permits must be renewed on
8 a biannual basis; and
9
10 WHEREAS, applications for permit renewals have been received from the following
11 agencies: Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic
12 Regional Ambulance; MB Solutions, LLC; and Shore Transport Services, Inc.; and
13
14 WHEREAS, an application for a new permit has been received from ISC Medical
15 Transport, LLC; and
16
17 WHEREAS, the above-listed private ambulance agencies perform services not
18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
19 transports, which include both basic and advance life support calls.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BEACH;
23
24 1 . That the City Council hereby grants renewed permits to the following agencies:
25
26 Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic
27 Regional Ambulance; MB Solutions, LLC; and Shore Transport Services, Inc.;
28 and
29
30 2. That these permits shall be effective from July 1 , 2019 to June 30, 2021 ; and
31
32 3. That the City Council hereby grants a new permit to the following agency:
33
34 ISC Medical Transport, LLC; and
35
36 4. That this permit shall be effective from July 1 , 2019 until June 30, 2020.
37
38
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of
June , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
oejoidBra le, Chief Eliz/-th Bradley rarnette
Emergency Medical Services Cit A ttorney's Office
CA14743
R-3
May 10, 2019
48
ITEM-VI-H.7
ORDINANCES/RESOLUTIONS
ITEM#69330
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known
as Croatan Beach at the rear of 542 South Atlantic Avenue re construct and maintain wood walkway
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 Requested by Department of Public Works ,
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO A
5 PORTION OF THE CITY'S PROPERTY
6 KNOWN AS CROATAN BEACH BY DONNA
7 MARTIN LOCATED AT THE REAR OF 542 S.
8 ATLANTIC AVENUE
9
10 WHEREAS, Donna Martin, desires to construct and maintain a proposed 4'-
11 wide wood walkway with steps upon a portion of the City's property known as Croatan
12 Beach, located at the rear of 542 S. Atlantic Avenue (the "Temporary Encroachment"); and
13
14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
16 the City's property subject to such terms and conditions as Council may prescribe.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
21 That pursuant to the authority and to the extent thereof contained in §§15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donna Martin, her heirs,
23 assigns and successors in title are authorized to construct and maintain a proposed 4'-wide
24 wood walkway with steps upon a portion of the City's property known as Croatan Beach, as
25 shown on the map entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING 4' WIDE
26 WOOD WALKWAY WITH STEPS FOR DONNA MARTIN M.B.24 P. 37D LOCATED IN
27 PROPERTY OF CITY OF VIRGINIA BEACH", dated January 11, 2019, and revised
28 through March 11 , 2019, prepared by Gallup Surveyors & Engineers, a copy of which is
29 attached hereto as Exhibit A, and on file in the Department of Public Works and to which
30 reference is made for a more particular description;
31
32 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly
33 subject to those terms, conditions and criteria contained in the agreement between the City
34 of Virginia Beach and Donna Martin (the "Agreement"), an unexecuted copy of which has
35 been presented to the Council in its agenda, and will be recorded among the records of the
36 Clerk's Office of the Circuit Court of the City of Virginia Beach;
37
38 BE IT FURTHER ORDAINED, that the City Manager or his authorized
39 designee is hereby authorized to execute the Agreement; and
40
41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
42 such time as Donna Martin and the City Manager or his authorized designee execute the
43 Agreement.
1
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h
45 day of June , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
.4111P I
I( /►.,/�..i A
P = WORKS, REAL ESTATE DANA -. • RMEYER
SENIOR CITY ATTORNEY
CA14432
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May 9, 2019
2
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this 7 day of Y172Ct,c , , 201 , by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DONNA MARTIN, HER HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 8-A"; as shown on that certain plat entitled:
"RESUBDIVISION OF LOTS 8, 9, 20, & 21, BLOCK 26, RESUBDIVISION OF PART OF
CROATAN BEACH (M.B. 37, P. 11) VIRGINIA BEACH, VIRGINIA," dated August 17,
2006, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia as Instrument # 20060919001428400, and being further
designated, known, and described as 542 South Atlantic Avenue, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 4'
wide wood walkway with steps, the "Temporary Encroachment", in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of the City's
property known as Croatan Beach, the "Encroachment Area"; and
GPIN: NO GPIN ASSIGNED (CITY PROPERTY)
GPIN: 2427-30-6205 (542 S. ATLANTIC AVENUE, VIRGINIA BEACH, VA 23451)
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING 4' WIDE WOOD
WALKWAY WITH STEPS FOR DONNA MARTIN M.B. 24 P.
37D LOCATED IN PROPERTY OF CITY OF VIRGINIA", a
copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
2
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
3
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Donna Martin, the said Grantee, has caused
this Agreement to be executed by her signatures. Further, that the City of Virginia
4
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
5
CITY OF VIRGINIA BEACH
By: (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 201_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 201_, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
J
B !1l� I 1&I I '
Donna Martin, Owner
STATE OF /�
CITY/COUNTY OF }-�Q,Y1d ' VA to-wit:
The foregoing instrument was acknowledged before me this 7' day of
411 0 , 201 9', by Donna Martin.
AL)
/otary P/c
Notary Registration Number: 7 ^o? o? Q/ •'•'���':?oRFTT4.7 •,
•Q. ,.• NOTARY ••��'
My Commission Expires: a, 29 a0. :v PUBLIC ••;sZ?
LU : REG#7522691 r''
MY COMMISSION
EXPIRES g
•.. 2/29/020...:(AS
O
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
/ I ;
SIGN 117-E - = • 1 - '. HARMEYER,
ASSOCIATE CITY ATTORNEY
/l7
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
7
CITY OF VIRGINIA BEACH 4.0' 12.0'
, � i
M.B. 24 P. 37
I
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Jll[llIUlll o'
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--
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1
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I RS 12' 0'50" E I 50.00' _
R
,¢ - VARIABLE WIDTH o
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BLOCK 26' Iv PEDESTRIAN
M.B. 24 R 37D Lo INGRESS/EGRESS
2427-30-6205 o II EASEMENT
JILT I.N. 20090211000138010
Cdr
NOW OR FORMERLY .
J CONC. PATIO I c'
NBH & BJB 4,- I NOW OR FORMERLY NOTE
ASSOCIATES, LC z GRAVEL ROY A. WUJKOWSKI 1. THIS PLAN WAS PERFORMED
o pWITHOUT THE BENEFIT OF
I.N. 200508300138391 Q A/C ❑ REVOCABLE TRUST A TITLE REPORT.
LOT 9A 0 I.N. 20080328000353160
BLOCK 26 GRAVEL o LOTS 7 & 19
I.N. 20060919001428400 ! :71
BLOCK 26 p,L`TH 0
(PLAT) ,ri SHEDlij M.B. 37 P. 11 41) J� L
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9
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EASEMENT OF THE CITY OF EXHIBIT A
I (I VIRGINIA BEACH ENCROACHMENT
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49
ITEM-VI-H.8
ORDINANCES/RESOLUTIONS
ITEM#69331
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $300,000 from Fund Balance to the FY2018-19 Parking
Enterprise Operating Budget re contractual services
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 AN ORDINANCE TO APPROPRIATE $300,000 FROM
2 THE FUND BALANCE OF THE PARKING
3 ENTERPRISE FUND TO THE FY 2018-19 PARKING
4 ENTERPRISE FUND OPERATING BUDGET FOR
5 CONTRACTUAL SERVICES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $300,000 from the fund balance of the Parking Enterprise Fund is hereby
11 appropriated, with specific fund reserve revenue increased accordingly, to the FY 2018-
12 19 Operating Budget of the Parking Enterprise Fund for contractual services.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of June , 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4figg Stp
VPIFIL
:udget an• Management Services City Attorney's Office
CA14762
R-1
May 21, 2019
50
ITEM-VI-H.9a
ORDINANCES/RESOLUTIONS
ITEM#69332
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $91,813 to the FY2018-19 Department of Emergency Medical Services (EMS) Operating Budget
re support rescue squad operations and resupply training equipment
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO SUPPORT RESCUE SQUAD OPERATIONS AND
3 TRAINING
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 The following revenues from the following sources are hereby accepted and
9 appropriated to the FY 2018-19 Operating Budget of the Department of Emergency
10 Medical Services, with estimated revenues increased accordingly, to purchase additional
11 instructional materials and training equipment and to remit payments from special event
12 organizers to the respective Volunteer Rescue Squads for provision of standby services at
13 past special events:
14
15 1) $21,573 generated by the Department of Emergency Medical Services'
16 training classes; and
17
18 2) $70,240 received from special events organizers to remit to various Volunteer
19 Rescue Squads for stand-by duty previously provided at special events.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of
June 2019.
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"Vanagement Services City Attorney's Office
CA14764
R-1
May 22, 2019
51
ITEM-VI-H.9b
ORDINANCES/RESOLUTIONS
ITEM#69333
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $1,686,141 from Virginia Office of Children's Services to the FY2018-19 Human Services
Operating Budget and TRANSFER$335,096 within the Operating Budget re support Children's
Services Act(CSA)Program
Voting.• 11-0
Council Members Voting Aye:
Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS FROM THE OFFICE OF CHILDREN'S SERVICES
3 AND TO TRANSFER FUNDS TO SUPPORT THE
4 CHILDREN'S SERVICES ACT PROGRAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1. $1,686,141 is hereby accepted from the Virginia Office of Children's Services and
10 appropriated, with state revenue increased accordingly, to the FY 2018-19
11 Operating Budget of the Department of Human Services in order to support the
12 Children's Services Act Program; and
13
14 2. $335,096 is hereby transferred within the FY 2018-19 Operating Budget of the
15 Department of Human Services to provide the local match for the funding allocated
16 by the Virginia Office of Children's Services to support the Children's Services Act
17 Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of June 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
411111 `
I, C
:udget & anagement Services City Attorney's Office r
CA14766
R-1
May 23, 2019
52
ITEM-VI-H.9c
ORDINANCES/RESOLUTIONS
ITEM#69334
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
c. $124,449 from Virginia Beach Library Foundation and TRANSFER $91,000 from General Fund
Reserve for Contingencies to the FY2018-19 Libraries Operating Budget Operating Budget re
purchase of a bookmobile
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $124,449 FROM THE VIRGINIA BEACH LIBRARY
3 FOUNDATION AND TO TRANSFER $91,000 FROM THE
4 GENERAL FUND RESERVE FOR CONTINGENCIES TO
5 THE FY 2018-19 OPERATING BUDGET OF THE LIBRARY
6 DEPARTMENT
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA, THAT:
10
11 1. $124,449 from the Virginia Beach Library Foundation is hereby accepted and
12 appropriated, with donation revenue increased accordingly, to the FY 2018-19
13 Operating Budget of the Department of Libraries for the purchase of a bookmobile;
14 and
15
16 2. That $91,000 is hereby transferred from the FY 2018-19 General Fund Reserve
17 for Contingencies to the Operating Budget of the Department of Libraries for the
18 City's contribution to the purchase of a bookmobile.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of
June 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
111
�i1. V I now
Budget and Management Services City Attorney's Office (3' ----
CA14759
R-1
May 20, 2019
53
ITEM-VI-H.10
ORDINANCES/RESOLUTIONS
ITEM#69335
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to MODIFY Appropriations and TRANSFER$27,547 in the FY2019-20 Housing
and Neighborhood Preservation Operating Budget re impact of Federal fund changes and ensure
compliance with Federal programmatic requirements
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 AN ORDINANCE TO MODIFY APPROPRIATIONS
2 AND TRANSFER FUNDING IN THE DEPARTMENT OF
3 HOUSING AND NEIGHBORHOOD PRESERVATION'S
4 FY 2019-20 OPERATING BUDGET
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 The following changes are made in the Department of Housing and Neighborhood
10 Preservation's FY 2019-20 Operating Budget, with Federal revenue adjusted accordingly:
11
12 1) Reduce appropriations by $344 for Community Development Block Grant
13 (CDBG) entitlement funds;
14 2) Reduce appropriations by $90,544 for HOME Investment Partnership
15 Program (HOME) entitlement funds;
16 3) Increase appropriations by $5,545 for Emergency Solutions Grant (ESG)
17 entitlement funds; and
18 4) Increase appropriations by $197,699 for Housing Opportunities for Persons
19 with AIDS (HOPWA) entitlement funds.
20
21 BE IT FURTHER ORDAINED, THAT
22
23 $27,547 is hereby transferred within the Operating Budget of the Department of
24 Housing and Neighborhood Preservation to deal with the impacts of the Federal fund
25 changes and ensure compliance with Federal programmatic requirements.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of June , 2019.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
11
ot/ •
udget and'Management Services City Attorney's Office
CA14765
R-1
May 22, 2019
54
ADD ON
ORDINANCE
ITEM#69336
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance CONFIRMING the Declaration of a local emergency due to the May 31, 2019,
shooting at the Virginia Beach Municipal Center.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M.Henley,Louis R.Jones,Aaron R.Rouse,John D.Moss, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
1 AN ORDINANCE CONFIRMING THE DECLARATION OF A
2 LOCAL EMERGENCY DUE TO THE MAY 31, 2019
3 SHOOTING AT THE VIRGINIA BEACH MUNICIPAL
4 CENTER
5
6 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of
7 emergency management to declare the existence of a local emergency, subject to
8 confirmation by the governing body;
9
10 WHEREAS, in conformity with the Commonwealth of Virginia Emergency
11 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by
12 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency
13 Management and appointed the City Manager as the Director of Emergency
14 Management;
15
16 WHEREAS, in response to the occurrence and the resulting circumstances of the
17 tragic shooting at the Virginia Beach Municipal Center on the afternoon of May 31,
18 2019, the City Manager, as the Director of Emergency Management, issued a
19 Declaration of Local Emergency on May 31, 2019, effective at 6:22 p.m.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23
24 1. That, pursuant to Virginia Code § 44-146.21 , the City Council hereby confirms
25 the Declaration of Local Emergency issued by the City Manager on May 31,
26 2019 at 6:22 p.m., a copy of which is attached hereto and incorporated by
27 reference.
28 2. That the City Council will adopt an additional ordinance during a future
29 meeting to the end the declared emergency once the City Council has
30 concluded that all necessary emergency actions have been taken.
Adopted by the Council of the City of Virginia Beach on the 4th day of
June , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
9- 3X/i/#62
Steven Cover 'Elizabeth B. DeJarnetPlit
City Manager's Office City Attorney's Office
CA14774
R-31
June 4, 2019
DECLARATION OF LOCAL EMERGENCY
I,the undersigned, as City Manager and Director of Emergency Management for
the City of Virginia Beach, find the occurrence and the resulting circumstances of the
tragic shooting at the Virginia Beach Municipal Center on the afternoon of May 31,2019,
along with the loss or interruption of vital City services therefrom,to be of sufficient
severity and magnitude to warrant coordinated local government action to prevent or
alleviate any potential damage, loss,hardship or suffering. Therefore,pursuant to Code of
Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency
in the City of Virginia Beach beginning at May 31, 2019 at 6:22 PM.
In accordance with this Declaration,the Office of Emergency Management and
all other appropriate City agencies are hereby vested with, and authorized to carry out, all
powers,duties, and functions prescribed by State and local laws,rules,regulations, and
plans as may be necessary to adequately and appropriately response to said Local
Emergency.
David L. Hansen,City Manager&
Director of Emergency Management
(Date)
55
ITEM—VI-I.1
PLANNING
ITEM#69337
The following registered to speak:
Linda Russell, 1212 Skylark Drive, Phone: 427-6481, expressed appreciation to City Staff
Upon motion by Council Member Henley,seconded by Council Member Wilson, City Council,ALLOWED
WITHDRAWAL,Application of PINEY GROVE BAPTIST CHURCH for a Modification of Conditions
re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE (Deferred from May 21, 2019)
DISTRICT 7—PRINCESS ANNE
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
56
ITEM—VI-L2
PLANNING
ITEM#69338
The following registered to speak:
Anita Downs, 369 Weblin Farm, Phone: 560-4682, spoke in
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION
Brenda Reed-Olejasz, 5381 Weblin Farm Road, Phone: 572-0883, spoke in OPPOSITION
Robert Rulcuff, 163 44`"Street, Phone 638-1888, Attorney for the Applicant, spoke in SUPPORT
After City Council discussion, Council Member Jones made a motion, seconded by Council Member Moss,
to DENY Application of ANINA BUDIG/ WEBLIN PROPERTIES, LLC for a Conditional Change of
Zoning from R-10 Residential to Conditional PD-H2 Planned Unit(R-10 Overlay) re 15 residential units
at 5588 Moores Pond Road DISTRICT 4—BAYSIDE
Voting: 5-6 (MOTION DENIED/LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss,
and Aaron R. Rouse
Council Members Voting Nay:
Michael F. Berlucchi, Barbara M. Henley, Guy K Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
57
ITEM—VI-L2
PLANNING
ITEM#69338
(Continued)
Council Member Rouse then made a motion, seconded by Vice Mayor Wood, to DEFER TO AUGUST 20,
2019,Application ofANINA BUDIG/WEBLIN PROPERTIES,LLC for a Conditional Change of Zoning
from R-10 Residential to Conditional PD-H2 Planned Unit(R-10 Overlay)re 15 residential units at 5588
Moores Pond Road DISTRICT 4—BAYSIDE
Voting: 8-3
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M Dyer, Barbara M Henley,Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Jessica P.Abbott, Louis R. Jones and John D. Moss
Council Members Absent:
None
June 4, 2019
58
ITEM VI-J.
APPOINTMENTS
ITEM#69339
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY BOARD
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
—ELECTRICAL DIVISION
—NEW CONSTRUCTION DIVISION
—PLUMBING AND MECHANICAL DIVISION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA MEDICAL SCHOOL
HISTORIC PRESERVATION COMMISSION
HOUSING ADVISORY BOARD
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SOCIAL SERVICES BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
June 4, 2019
59
ITEM VI-J.
APPOINTMENTS
ITEM#69340
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
CYNTHIA AROCHO
EDWINA BERGANA
KIMBERLY MELNYK
CHERYL SNOWDEN
Four year term 7/1/19—6/3/23
2040 VISION TO ACTION COMMUNITY COALITION
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
60
ITEM VI-J.
APPOINTMENTS
ITEM#69341
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
DANIEL KOACH
(Represents:Bikeways and Trails Community)
Three year term 7/1/19—6/30/22
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
61
ITEM VI-J.
APPOINTMENTS
ITEM#69342
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
DAVID L.HANSEN
Two year term 7/1/19—6/30/21
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
62
ITEM VI-J.
APPOINTMENTS
ITEM#69343
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
RODNEY BURNS WORTH
Three year term 6/4/19—3/31/22
JAMAL GUNN
Unexpired thru 3/31/21
CARLA HESSELTINE
Unexpired thru 3/31/20
HUMAN RIGHTS COMMISSION
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M
Henley, Louis R.Jones,John D. Moss,Aaron R. Rouse, Guy K Tower, Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
63
ITEM VI-J.
APPOINTMENTS
ITEM#69344
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
RONALD LEWIS
Two year term 6/4/19—5/31/21
And
REAPPOINTED:
SHEILA JOHNSON
Two year term 6/1/19—5/31/21
MINORITY BUSINESS COUNCIL
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
64
ITEM VI-J.
APPOINTMENTS
ITEM#69345
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
CYNTHIA FREE
Four year term 7/1/19—6/30/23
TIDEWATER COMMUNITY COLLEGE
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M Dyer, Barbara
M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2019
65
ADJOURNMENT
ITEM#69346
Mayor Robert M Dyer DECLARED the City Council Meeting ADJOURNED at 7:14 P.M.
r .
Tern . e ius
Chief Deputy ' Clerk
A :a • MC Robert M Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
June 4, 2019
66
OPEN DIALOGUE
The following registered to speak:
Minerva Smith, 5248 Foxon Road, Phone: 621-6110, spoke concerning signs on easement
Danetta Lederer, 1301 Electric Court, Phone: 314-623-0999, spoke requesting a change to the
livestock/swine ordinance to remove pot belly pigs
Dentis Shaw, P.O. Box 772 Norlina, NC., Phone: 704-564-3499, spoke concerning his initiative to help
mass shootings
Jacob Queern, Phone: 633-1206, spoke regarding his complaint against the Department of Justice
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke concerning the validation of the
Longwood Report
Tim Worst, 2556 Entrada Drive, Phone: 353-1555, requested to have open dialogue televised
Debbie Impervento, 3540 Blue Marlen Circle, Phone: 277-1282, spoke concerning development projects
near tidal waters
ADJOURNED at 7:38 P.M.
June 4, 2019