NOVEMBER 10, 2020 FORMAL SESSION MINUTES pgonk�
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VIRGINL4 BEACH CITY COUNCIL
Virginia Beach, Virginia
November 10, 2020
Mayor Dyer called to order the CITY MANAGER'S BRIEFINGS in the Virginia Beach Convention
Center, Suite 5, on Tuesday, November 10, 2020, at 2:04 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 MANAGER'S BRIEFINGS
SHOOTINGS UPDATE
ITEM#70964
2:05 P.M.
Mayor Dyer welcomed Paul W. Neudigate, Chief of Police. Chief Neudigate expressed his appreciation to
City Council for their continued support:
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POLICE 74. i
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SHOOTINGS UPDATE
VIRGINIA BEACH POLICE DEPARTMENT
November 10,2020
Paul W.Neudigate
Chief of Police
A total offour(4)shooting incidents and nine(9) victims with injuries, were reported between November
6-9, 2020:
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f.
' Newtown Rd a_c
NafdY North Mall Driv.
et4 KU.Ul1 ("a.Aiv t
I hirlawayRd 0 i
Whitney Ct
Shootings with Injury \., y„qni
11/6/2020 through 11/9/2020 E.��
1
r .\
1
November 10, 2020
3
ADD ON
CITY MANAGER'S BRIEFINGS
SHOOTINGS UPDATE
ITEM#70964
(Continued)
The first incident occurred at 8:52 P.M. on November 7th, resulting in three(3) victims shot and one(1)
suspect:
Shootings
11/7/2020 through 11/9/2020
Saturday, 11/7/2020 @ 20:52 Hours- North Mall Drive
• Victim(s):
• M/B/15,from Chesapeake,stable condition
• M/B/15,from Chesapeake,stable condition
• M/B/16,from Chesapeake,stable condition
• Suspect(s):
• Multiple male blacks,unknown ages
The second incident occurred at 10:43 P.M on November 7`h, resulting in one(1)victim shot and one(1)
suspect:
Shootings
11/7/2020 through 11/9/2020
Saturday,11/7/2020 @ 22:43 Hours—Whirlaway Road
• Victim(s):
• M/W/45,from Virginia Beach,stable condition
• Suspect(s):
• Kristie L.Hollingsworth,F/W/50,from Virginia Beach,arrested
for Felony Assault,Domestic Assault,Use of Firearm in
Commission of a Felony,&Discharging a Firearm.
November 10, 2020
4
ADD ON
CITY MANAGER'S BRIEFINGS
SHOOTINGS UPDATE
ITEM#70964
(Continued)
The third incident occurred at 5:29 P.M on November 8th, resulting in four(4) victims shot and three(3)
suspects:
Shootings
11/7/2020 through 11/9/2020
Sunday,11/8/2020 C@ 17:29 Hours-Whitney Court
• Victim(s):
• M/B/22,from Virginia Beach,shot multiple time in lower half of body
and stable.
• F/B/25,from Virginia Beach,grazed by bullet in lower leg and stable.
• M/B/8,from Virginia Beach,shot upper right thigh and grazed in upper
left calf and stable
• F/B/10,from Virginia Beach,shot in upper right thigh and stable.
• Suspect(s):
• Male,B,unknown age,`18-35
• Male,B,unknown age,—18-35
• Male,B,Unknown age,^18-35
The fourth incident occurred on November 9th, resulting in one(1) victim shot and three (3)suspects:
Shootings
11/7/2020 through 11/9/2020
Monday,11/9/2020 Newtown Rd./Baker Rd. (Homicidel
• Victim(s):
• Richard 1.Anderson,M/B/22,resident of Richmond.
• Suspect(s):
• Male,unknown age,`18-25 y.o.
• Male,unknown age,"18-25 y.o.
• Male,unknown age,`18-25 y.o.
November 10, 2020
5
ADD ON
CITY MANAGER'S BRIEFINGS
SHOOTINGS UPDATE
ITEM#70964
(Continued)
This chart provides a comparison of the total number of Homicides and Aggravated Assaults between
2017 and November 9, 2020, excluding data from May 31, 2019:
Homicides and Aggravated Assaults
2017, 2018, 2019, 2020 YTD at 11/9 3 Year Average-45
66
57
45
I 4i 1115 ii. iiñIll
Total Homicides Gunshot Non Fatal Total Shootin:s-
Homicides Shootings Fatal&Non-Fatal
■2017 ■2018 ■2019 ■YTD at 11/9/2o20
`May 3i ,2019 Incident-12 Homicides and 5 Aggravated Assaults Excluded
Most shootings occurred between the months of June and July. Similar increases during the same months
were reported in several large cities where civil unrest incidents occurred:
2020 Shootin:s by Month
17
13
8
7
3 4 3 2 121121Iiin1
■
Jan Feb Mar Apr May un •1 Aug Sep Oct Nov
•AGGRAVATED ASSA 1 T ■HOMICIDE
November 10, 2020
6
ADD ON
CITY MANAGER'S BRIEFINGS
SHOOTINGS UPDATE
ITEM#70964
(Continued)
This chart provides data collected from sixty-nine(69) U. S. Major Cities with increases in Homicide,
Aggravated Assault and All Violent Crime categories between January and September 2020:
Major Cities Chiefs Association
69 U.S.Major Cities
C Hitt S January 1—September 30,2019 and 2020
2.5% 1'
311,289 318,963
10.6% 1
189,460 209,490
28.7%it
4,759 6,124
Homicide Aggravated Assault All Violent Crime
01NIVpBE4EH Questions ?
POLICE
Mayor Dyer expressed his appreciation to Chief Neudigate for the presentation.
November 10, 2020
7
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
2:29 P.M.
Mayor Dyer welcomed Farrell Hanzaker, Chief Financial Officer—Schools. Mr. Hanzaker expressed his
appreciation to City Council for their continued support:
FY 2019/2.0 Reversion and
Revenue Actual
Over/Under Budget
The Net FY 2019/20 Revenues Available for Re-appropriation is$36,303,277:
FY 2019/20 Reversion Funds
FY 2019/20 Reversion
FY2019 School•. rail reversion funds avallable..dudl menues over nd.r..... t • .7755
Federal Revenue Over Budget 4,471,591
State Revenue Over Budget 277,031
Other Revenue Over Budget(Vehicle Sales,Stop Arm program,Indirect Cost-Grants( 1,013,935
State Sales Tax Over Budget
Total Over Budget 6,391,546
Total School Operating Fund 115 Revengon 37,709,301
Athletics Fund Reversion 1,355,022
Green Run Collegiate Fund Reversion 463 303
Total FY 2019/20 Reversion Funds 39,027,626
Revenue Sharing Formula Raoondllatlon-Revenues Under Budget 724 349
Net FY 2019/20 Revenues Available For Re-approprletIon 36,903,277
November 10, 2020
8
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
(Continued)
Here is the FY 2019/20 Reversion Example with projected shortfall:
FY 2019/20 Reversion Example
%of School
Operating
Amow.
FY 2019/20 Reversion
FY 2019/20School Operating reversion funds available(including
revenues over/under budget) 36,303,277 4.3%
Projected Shortfall of State($2 million)and Local($23 million)Funds -25,000,000
Total School Operating Fund 115 Reversion 11,303,277 1.3%
Unanticipated Excess Revenues -6,391,546
Projected net reversion funds available if shortfall occured and there wer 4,911,731 0.6%.
Here are the FY 2019/20 Reversion Spending Recommendations:
FY 2019/20 Reversion Spending Recommendations
FY 2019/20 Reversion Expenditure Description Amount Balance
36,303,277
Re-appropriation to School Reserve Special Revenue fund to cover a
portion of expected revenue shortfalls in FY 2021/22 (5,503,000) 30,803,277
CIP Project 1-024,Lynnhaven MS Expansion(Achievable Dream) (8,750,000) 22,053,277
CIP Project 1-107,Princess Anne HS Replacement (7,053,277) 15,000,000
Re-appropriation to the Risk Management fund (2,000,000) 13,000,000
One-time bonus of$1,000 for all full-time equivalent(FTE)employees (11,003,000) 2,000,000
Increase the stipend amount for teachers providing dual instruction for (2000,000) -
Option 1(face-to-face)and Option 2(virtual)students
November 10, 2020
9
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
(Continued)
The next three(3)slides provide an example of the Reversion Resolution:
Resolution:Reversion
WHEREAS,Due to the Novel Coronavirus Disease 2019(COVID-19),Virginia Beach City Public Schools was
anticipating a total shortfall in FY 2019/20 of$25 million($23 million from the local Revenue Sharing Formula and
$2 million from the state);and
WHEREAS,the Department of Budget and Finance responded by deactivating all procurement cards,canceling
or delaying all non-essential projects and limiting purchasing to items/services essential to the emergency;and
WHEREAS,the actual shortfall based on the local Revenue Sharing Formula was$2,724,349;and
WHEREAS,federal,state and other revenue sources totaled$6,391,546 over budget;and
WHEREAS,on October 13,2020,the School Board was presented with a summary of the unaudited financial
statements for FY 2019/20(year-ending June 30,2020)showing the reversion amount to the citys General fund;
and
WHEREAS,the amount of FY 2019/20 School Operating reversion funds available(excluding revenues
over/under budget)is$30,817,755;and
WHEREAS,$6,391,546 came in as additional revenue over the appropriated budget,increasing the School
Operating reversion amount to$37,209,301;and
Resolution:Reversion(Continued)
WHEREAS,$1,355,022 reverted from the Athletics fund and$463,303 reverted from the Green Run Collegiate
Charter School fund;and
WHEREAS,the estimated total amount available for re-appropriation is$39,027,626;and
WHEREAS,the city is currently indicating a FY 2019/20 revenue actual under budget of$2,724,349 based on the
Revenue Sharing Formula;and
WHEREAS,the net reversion funding available for re-appropriation is$36,303,277;and
WHEREAS,the Administration recommends the following for the available funds in the amount of$36,303,277:
$5,500,000 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue
shortfalls in the FY 2021/22 School Operating fund 115
$15,803,277 to be re-appropriated to the CIP fund:
Project 601026,Lynnhaven MS Expansion(Achievable Dream)-$8,750,000
Project 601015,Princess Anne HS Replacement-$7,053,277
November 10, 2020
10
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
(Continued)
Resolution:Reversion(Continued)
$2,000,000 to be re-appropriated to the Risk Management fund 650
$13,000,000 to be re-appropriated to the School Operating fund 115 to:
Provide a one-time bonus of$1,000 for all full-time equivalent(FTE)employees-$11,000,000
Increase the stipend amount for teachers providing dual instruction for Option 1(face-to-face)and
Option 2(virtual)students-$2,000,000
NOW,THEREFORE,BE IT
RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY
2019/20 Reversion and Revenue Actual Over Budget funds as presented by the Administration;and be it
FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of
FY 2019/20 Reversion and Revenue Actual Over Budget funds shown above;and be it
FINALLY RESOLVED:That a copy of this resolution be spread across the official minutes of this Board,and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of City Council,
the City Manager,and the City Clerk.
Overview of the VBCPS
Coronavirus Aid, Relief
and Economic Security
(CARES) Act Grant Awar
November 10, 2020
11
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
(Continued)
Here is an overview of the CARES Act Elementary and Secondary School Emergency Relief(ESSER)Fund:
CARES Act Elementary and Secondary School Emergency Relief
(ESSER)Fund
VBCPS was allocated$10,141,569.51(a portion of which must be set-aside for the
provision of equitable services to participating private schools)
The period of performance for the award is March 13,2020 through September 30,2022
These funds were not appropriated in the FY 2020/21 Budget Ordinance adopted by the
City Council May 12,2020
At the request of the School Board,the City Council appropriated the funding in the FY
2020/21 budget on August 25th
Here is an overview of CARES Act Set-Aside Awards under the ESSER Fund and Governor's Emergency
Education Relief(GEER)Fund:
CARES Act Set-Aside Awards under the ESSER Fund and the
Governor's Emergency Education Relief(GEER)Fund
VBCPS has been allocated State Set-Aside ESSER funds in the amount of$397,953.86
and GEER funds in the amount of 1,236,708.00(a portion of which must be set-aside for
the provision of equitable services to participating private schools)
The period of performance for these awards is March 13,2020 through September 30,
2022
These funds were not appropriated in the FY 2020/21 Budget Ordinance adopted by the
City Council May 12,2020
A Resolution was presented to the School Board on October 27 to request an
appropriation of these funds in the FY 2020/21 budget
November 10, 2020
12
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
(Continued)
Here is an overview of Coronavirus Relief Funds(CRF)Awarded to Virginia School Divisions:
Coronavirus Relief Funds(CRF)Awarded to Virginia School
Divisions
VBCPS was allocated CRF funds in the amount of$11,677,033
CRF awards provided to school divisions are allocated based on a projected September
30,2020 fall membership count(66,725.90 for VBCPS)and a per-pupil amount of$175.00
CRF awards will not be adjusted later for actual September 30,2020 fall membership
The period of performance for the award is March 1,2020 through December 30,2020
These funds were not appropriated in the FY 2020/21 Budget Ordinance adopted by the
City Council May 12,2020
A Resolution was presented to the School Board on October 27 to request an
appropriation of these funds in the FY 2020/21 budget
Here is an overview of the CARES Spending Plan:
CARES Spending Plan
ESSER
•Funds will be used to support remote learning through education technology to support the diverse needs
of all students during school closure and when students return to school;to plan for and implement
extended learning and summer learning:and to maintain operations and continuity of services
Sel•As.de Awards unaer the ESSER cu^d ar,d the 3EER F,
•Funds will be used to offer additional tutoring for students with disabilities:to implement a universal social-
emotional screener:to support remote learning through education technology and supplementary
Instructional support to purchase cleaning and disinfecting supplies and equipment and to buy additional
personal protective equipment(PPE)for students,staff and visitors as appropriate for their nak exposure
•Funds will be used to support COVID-10 preparedness and response measures for the 2020/21 school year
to include supplemental staffing costa,personal protective equipment(PPE),cleaning supplies and
technology for distance learning
November 10, 2020
13
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
(Continued)
The remaining slides provide an example of the Resolution for the Federal CARES Act Appropriation for
State Set-Aside Awards Under the ESSER Fund and GEER Fund:
Resolution:Federal CARES Act Appropriation for State Set-
Aside Awards Under the ESSER Fund and the GEER Fund
WHEREAS,the Federal CARES Act was signed into law on March 27,2020;and
WHEREAS,the CARES Act includes a$30.75 billion education stabilization fund with three components.an
Elementary and Secondary School Emergency Relief(ESSER)Fund,a Governor's Emergency Education
Relief(GEER)Fund,and a Higher Education Emergency Relief(HEER)Fund;and
WHEREAS,CARES Act State Set-Aside ESSER and GEER funds are for emergency relief and intended to
address the impact that the Novel Coronavirus Disease 2019(COVID-19)has had,and continues to have,on
elementary and secondary schools across the nation;and
WHEREAS,CARES Act State Set-Aside ESSER and GEER funds were awarded through formula-based and
competitive grants to support various programs and activities;and
WHEREAS,Virginia Beach City Public Schools has been allocated ESSER funds in the amount of
$397,953.86 and GEER funds in the amount of$1,236,708.00 for a total award of$1,634,661.86;and
WHEREAS,these funds were not appropriated to the School Board of the City of Virginia Beach in the Fiscal
Year 2020-2021 Budget Ordinance adopted by the City Council May 12,2020;and
Resolution:Federal CARES Act Appropriation for State Set-Aside Awards Under
the ESSER Fund and the GEER Fund(Continued)
WHEREAS,examples of the proposed spending plan include offering additional tutoring for students with
disabilities;implementing a universal social-emotional screener;supporting remote learning through education
technology;purchasing cleaning and disinfecting supplies and equipment;and buying additional personal
protective equipment(PPE)for students,staff and visitors as appropriate for their risk exposure;and
WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of
$1,634,661.86 into the Categorical Grants fund to be used for expenditures incurred due to the COVID-19
health emergency as permitted by the Virginia Department of Education;and
NOW,THEREFORE,BE IT
RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the
CARES Act State Set-Aside ESSER and GEER funds as presented by the Administration;and be it
FURTHER RESOLVED: That the School Board requests that the City Council approve the appropriation of
CARES Act State Set-Aside ESSER and GEER funds in Fiscal Year 2020-2021;and be it
FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board,and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of City Council,
the City Manager,and the City Clerk.
•
November 10, 2020
14
CITY MANAGER'S BRIEFINGS
VBCPS REVERSION FUNDING
ITEM#70965
(Continued)
Resolution:Federal CRF Awarded to Virginia School Divisions
WHEREAS,the Coronavirus Aid,Relief,and Economic Security(CARES)Act was signed into law on March
27,2020;and
WHEREAS,CRF awards were provided to states under the CARES Act and a portion is being made
available directly to school divisions to help cover costs in preparing for,responding to and mitigating the
impacts of the Novel Coronavirus Disease 2019(COVID-19)pandemic;and
WHEREAS,CRF awards are intended for costs incurred related to COVID-19 in reopening and operating
public schools during the first months of the 2020-2021 school year;and
WHEREAS,CRF awards provided to school divisions are allocated based on a projected September 30,
2020 fall membership count(66,725.90 for Virginia Beach City Public Schools)and a per-pupil amount of
$175.00;and
WHEREAS,CRF awards will not be adjusted later for actual September 30,2020 fall membership;and
WHEREAS,Virginia Beach City Public Schools will receive a CRF allocation in the amount of$11,677,033;
and
WHEREAS,these funds were not appropriated to the School Board of the City of Virginia Beach in the Fiscal
Year 2020-2021 Budget Ordinance adopted by the City Council May 12,2020;end
Resolution:Federal CRF Awarded to Virginia School Divisions
(Continued)
WHEREAS,the funding will support COVID-19 preparedness and response measures for the 2020-2021
school year to include supplemental staffing costs,personal protective equipment(PPE),cleaning supplies
and technology to support distance leamirg;and
WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of
$11,677,033 into the Categorical Grants fund to be used for expenditures incurred due to the COVID-19
health emergency as permitted by the Virginia Department of Education;and
NOW,THEREFORE,BE IT
RESOLVED:That the School Board of the City of Virginia Beach approves the recommended uses of the
CRF allocation as presented by the Administration;and be it
FURTHER RESOLVED: That the School Board requests that the City Council approve the appropriation of
funds for the CRF allocation in Fiscal Year 2020-2021;and be It
FINALLY RESOLVED:That a copy of this resolution be spread across the official minutes of this Board,
and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of City
Council,the City Manager,and the City Clerk.
Mayor Dyer expressed his appreciation to Mr. Hanzaker for the presentation.
November 10, 2020
15
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
2:49 P.M.
Mayor Dyer welcomed Andy Friedman, Housing and Neighborhood Preservation—Director and Wells
Freed, Housing Code Administrator. Mr. Friedman expressed his appreciation to City Council for their
continued support:
k°,1111. IL 11 Commercial Vehicle
Parking and Storage
Department of Housing and Neighborhood Preservation
Andy Friedman—Director
Wells Freed— Housing Code Administrator
November 10,2020
Purpose
Provide an overview of the following:
• Code Enforcement Division
• Current city code requirements
• Residents purchasing commercial cargo and passenger vans
for personal use and storing them on residential property
• An option for amending the city code and the potential effects
of that change
November 10, 2020
16
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
Here is an overview of the Code Enforcement Division:
Code Enforcement Division
• Enforces state and city • 19 inspectors investigating
codes on privately owned complaints and patrolling
structures and properties assigned zones
• Protect health, safety and • Notices of violation are
welfare of our residents issued, and timeframes
• Maintain safety and given for correction
appearance of private
property
What Do We Address?
- • Interior and exterior building
- tiellift maintenance violations
• Unsafe structures
• Overgrowth and the
,-- -- - . , accumulation of trash/junk
Inoperable vehicles
. ,.aM --° • Parking/storage of commercial
Ji and recreational vehicles
• Graffiti on private property
» • Unsafe gas and electrical
\ n appliances
----- • Nuisance abatement
v • And morel
November 10, 2020
17
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
Mr. Friedman turned the presentation over to Mr. Freed to provide an overview of Current Code
Requirements:
Current Code Requirements Sec. 16-41 .1
Enforcement was taken over from the Planning Dept.'s Zoning Division in 2011
and the basic requirements were not changed:
(a) "Commercial vehicle"is defined as a loaded or empty motor vehicle,trailer,or
semitrailer designed or regularly used for carrying freight,merchandise,or
more than ten(10)passengers,including buses, but not school buses.
(b)Parking of a commercial vehicle in residential or apartment zoning districts
shall be prohibited,except that:
(1)One commercial vehicle of one ton or less in carrying capacity and which
does not exceed seven(7)feet in height or twenty(20)feet in length may
be parked on any lot where there is located a main building owned or
occupied by a resident of the premises;
Current Code Requirements Sec. 16-41 .1
(2)Commercial vehicles during the normal conduct of business or in the
delivery or provision of service to a residential area are allowed;
(3)The parking of semitrailers for commercial or industrial storage is permitted
on bona fide construction sites.
(c)Violations of this section shall constitute a Class 3 misdemeanor. In addition to
any penalties imposed hereunder,the code enforcement administrator or
his designee may institute legal action to enjoin the continuing violation.
November 10, 2020
18
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
Parking these Vehicles in the Street is
also Prohibited — Sec. 21 -303
Enforced by the Police Dept. (no changes proposed)
(b) No person shall park a vehicle, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
police officer or traffic-control device, in any of the following places:
(9) In a residential or apartment district(area), if such vehicle is
a commercial vehicle in excess of twenty (20)feet in length and/or
seven (7)feet in height. This restriction shall not apply
to commercial vehicles parked while engaged in the normal conduct
of business or in the delivery or provision of goods or services in a
residential or apartment district(area).
Here is the "Issue":
Issue
• Residents are purchasing commercial cargo and/or
commercial passenger vans for personal use and storing them
on residential property
• Currently, this is a violation of the city code as these vehicles
exceed the size limitations
• We have been asked to provide an option to allow residents to
store these types of vehicles on residential property when they
are for personal use
November 10, 2020
19
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
Here are examples of commercial passenger vehicles used for personal use:
Example
,a ,,W.
O
i
. W *_.
t r* / "-
i a I 7 -- ., ,.. -1-
• 2018 Ford Transit 350 HD XL High Roof Passenger Wagon
• 15 passenger seating
• 22 feet long,9 feet high with a 9,500 lb carrying capacity
Examples Cont.
q
- .s�'.
,
dm a
w* —
November 10, 2020
20
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
The Code Amendment Option would permit one personal use passenger vehicle or cargo van on
residential property:
Code Amendment Option
Add a new, well defined exception to the city code to allow for
storing one personal use passenger or cargo van on
residential property. The vehicle must be:
,. Completely free of any commercial logos or markings
2 Absent of any racks and/or commercial cargo
3 Registered for personal use to an individual
4. Stored on the property and not in the street
5. For personal use only
a) Vehicles used recreationally(e.g.:with bike or kayak racks,rooftop AC
units,beds,kitchens,etc.)would still need to be stored on the sides of the
home as the code requires for all recreational vehicles and equipment
Vehicles Allowed Under New Code Exception
EL►
EMS
t 1
,
November 10, 2020
21
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
The next several slides provide pictures of Vehicles Not Allowed:
Vehicles Not Allowed
a
-:.11.-----, 710
plirli
___a tear • . _ .._ : ;-- 0
1112- ,. 5
11
Vehicles Not Allowed
Cr
k, '-
s o- a/` 1
1' - ,
___.. __
_ -4
._w '
November 10, 2020
22
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
Vehicles Not Allowed
dipili --....,./. -`t
.
�ld 17 ,! y'
AO
Vehicles Not Allowed
.,,_--_. - ._
.Tali illat
r ►•- _ ":
)4114ire°' ,1..... .6-s i t
. -,.^. "_ ,_ ---- --
prime k prime
•
November 10, 2020
23
CITY MANAGER'S BRIEFINGS
COMMERCIAL VEHICLE PARKING AND STORAGE
ITEM#70966
(Continued)
Here are the Options for City Council Consideration:
Options for City Council Consideration
,. Direct staff to prepare an ordinance to allow the proposed
exception for storing one personal use passenger or cargo
van on residential property
2 Provide direction for an alternative change to the ordinance
3 Do not move forward with any proposed changes
Virginia Beach
Thank You!
Questions or Comments?
Mayor Dyer expressed his appreciation to Mr. Friedman and Mr. Freed for the presentation.
November 10, 2020
24
CITY MANAGER'S BRIEFINGS
ADDITIONAL LEGISLATIVE AGENDA ITEMS
(DOME SITE AND CONVENTION AND VISITORS BUREAU)
ITEM#70967
3:12 P.M.
Mayor Dyer welcomed Ronald Williams, Deputy City Manager and Dana Harmeyer, City Attorney. Mr.
Williams expressed his appreciation to City Council for their continued support:
1kB
cinia Beach
2021 Legislative Agenda - Additional Items
Directional Briefing
Virginia Beach City Council
a ` November 10,2020
Today's Agenda
1. Amendments to 2020 Acts of the Assembly for Atlantic Park
2. Consideration for creation of the Virginia Beach Tourism Authority
November 10, 2020
25
CITY MANAGER'S BRIEFINGS
ADDITIONAL LEGISLATIVE AGENDA ITEMS
(DOME SITE AND CONVENTION AND VISITORS BUREAU)
ITEM#70967
(Continued)
The next two (2)slides provide the Atlantic Park Amendment Background:
Atlantic Park Amendment Background
• The General Assembly has authorized the use of sales and use
taxes generated at the Project to support the sports and
entertainment district.
• This entitlement was originally approved in the 2019 General
Assembly (2019 Acts of Assembly, c. 793), and this legislation is
referred to in the Development Agreement as Knight-Wagner.
Atlantic Park Background (cont'd)
At the City's request, the 2020 General Assembly amended Knight-
Wagner(2020 Acts of Assembly, c. 467) in two important ways:
1. It authorized the use of a community development authority(CDA)
to assist in the financing of certain improvements.
2. It amended the expiration of the entitlement from July 1, 2039 to
July 1 "following the twentieth anniversary of the completion of
construction of the sports or entertainment project."
4
November 10, 2020
26
CITY MANAGER'S BRIEFINGS
ADDITIONAL LEGISLATIVE AGENDA ITEMS
(DOME SITE AND CONVENTION AND VISITORS BUREAU)
ITEM#70967
(Continued)
The next two (2)slides provide the recommended amendments to 2020 Acts of Assembly, c. 467:
Legislative Agenda Item for Atlantic Park
• During the Due Diligence Phase work, there is a need to amend
the Development Agreement to allow the phasing of the Project.
• In reviewing the implications of such change, bond counsel has
identified items in the bonding language that require clarification.
Accordingly, the City requests technical amendments to 2020 Acts
of Assembly. c. 467.
5
Legislative Agenda Item for Atlantic Park
1. Amend 15.2-5931(C)(1) to read as follows:
• Be issued at, above, or below par value, for cash or other valuable
consideration, and mature at a time or times, whether as serial bonds or as
term bonds or both, not later than June 30 of the fiscal year in which the
City's entitlement to tax revenues expires pursuant to provisions of§15.2-
5933(A)(2);
2. Amend 15.2-5931(I) in the following manner:
• Refunding bonds may be issued for the public purposes of realizing
savings in the effective costs of debt service, directly or through a debt
restructuring, and for alleviating impending or actual default. or either, and
may be issued in one or more series in an amount in excess of that of the
bonds to be refunded.
fi
Mayor Dyer expressed his appreciation to Mr. Williams and Mr. Harmeyer for the presentation.
November 10, 2020
27
CITY MANAGER'S BRIEFINGS
CARES ACT INITIATIVE—MEMORANDUM OF UNDERSTANDING WITH
TIDEWATER COMMUNITY COLLEGE
ITEM#70968
3:19 P.M.
This briefing is postponed to a future date.
November 10, 2020
28
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
3:20 P.M.
Mayor Dyer welcomed Bobby Tajan,Director—Planning and Community Development and Bill Landfair,
Planning Evaluation Coordinator—Planning. Mr.Landfair expressed his appreciation to City Council for
their continued support:
I Virginia Beach
`.ram:str ` Planning Items
fi November 17, 2020
CityCouncil Meeting
•
g
There are twenty(20)Planning Items scheduled for November 17`":
SUMMARY — November 17th
20 Planning items scheduled for City Council's consideration
(Items 1-3 Rescheduled from October 6 meeting)
1.Latdah Privott—Centerville District M_• Hymne«am"'.`a."c
• Conditional Use Permit(Family Day-Care Home) .e+ �+z.rnaxav cwi oao«+nan
• Recommended for Approval by Planning Commission&Staff a� • ,�swap.
2.Dale Wooden—Princess Anne District vr.dE.✓; a,i a.•,.+•.na.r+, 4+o
i + i ,ay..e tic
• Conditional Use Permit(Home Occupation) +;
• Recommended for Approval by Planning Commission&Staff y co
3.Donald H.&Diane F.Horsley—Princess Anne District �� '"'•a
• Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) ;may 4
• Recommended for Approval by Planning Commission&Staff ..ea.ra.;v...
4.ArrowFit Human Performance,LLC—Bayside District p t
• Conditional Use Permit(Home Occupation) x
• Recommended for Approval by Planning Commission&Staff
.
5.McNeel Properties—Bayside District (,oa
• Conditional Use Permit(Automobile Repair Garage)
• Recommended for Approval by Planning Commission&Staff �} i
6.Ruth B.Wilson—Princess Anne District
• Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) •+,F,e
• Recommended for Approval by Planning Commission&Staff l y a z uan+4Laa.,
November 10, 2020
29
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
SUMMARY — November 17th
20 Planning items scheduled for City Council's consideration
7.Thomas A.Brown-Bayside District •T*naau•. row
• Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) 04.• ++wn,n.wwaar,u.uc +r.s• s••munn•a••+••
• Recommended for Approval by Planning Commission&Staff s., ,a snow,cap,Claw/Ian
" • • 14 Sean R•.,
B.Louis Perrin-Princess Anne District s.v, ..0.amo.cnwq. _• +
h J� . ,
Conditional Use Permit(Home Occupation) a oo. +•lu.rya.wwy.
roosm mn•r.n,0Ytc ,a,Ry J•o;e;ra"w�u,e
• Recommended for Approval by Planning Commission&Staff 1 •sa-0,n i.M
9.Valvoline Instant OilChange-Princess Anne District
• Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) y,
• Recommended for Approval by Planning Commission&Staff
a Ruth•,elan
10.Hall.&Deborah Woolard-Beach District
• Street Closure(Portion of 15-foot wide alley in Croatan)
• Recommended for Approval by Planning Commission&Staff a
11.Jon S.&Deana M.Hess-Beach District
• Street Closure(Portion of 1S-foot wide alley in Croatan) .3.lionala a cane wnu.y a
• Recommended for Approval by Planning Commission&Staff
$ r
12.Shelley Gail Dagenhart-Beach District ✓''"'•
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff
a(..“ a n•.Lows Perrin
SUMMARY — November 17th
20 Planning items scheduled for City Council's consideration
13.Andrew Kutsch Gregory-Beads District
• Conditional Use Permit(Short Term Rental)
• Recommended for Denial by Planning Commission&Approval by Staff
14.Sean Reilly-Beach District •.ar�anRo
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff
+^ was , m awm Lama
15.Red lion Properties,SIC-Beads District
awe ,a.sawn or oy.nsn
•
• Conditional Use Permit(Short Term Rental) v i ovv. •
• Recommended for Denial by Planning Commission&Approval by Staff ' ,,,,ro,,a•w...wwsa R$•
.a2.s.oV a.wa .w a n•.• •na Mrs
srstyce Swango-Beach Dunk[ c u.eeY.,ay,• Conditional Use Permit(Short Term Rental) j , n t
• Recommended for Approval by Planning Commission&Staff \
17.Lawrence&Suzanne Olesdro-Beach District < .,.�e, 1
• Conditional Use Permit(Short Term Rental) °•s
• Recommended for Approval by Planning Commission&Staff i R.th••nwl
18.GG Property Management,SIC-Rose Hall District
^w., .
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff a
November 10, 2020
30
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
SUMMARY — November 17th
20 Planning items scheduled for City Council's consideration
19.Valerie Taylor—Lynnhaven District
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff
20.Shelly Amoldi—Bayside District m.{May.maw
• Conditional Use Permit(Short Term Rental)
• Recommended for Denial by Planning Commission&Approval by Staff
r 4
14..Nrw raw,
4_
[ 1400.w.__..C.awm.LLC
�yy «` 1.Llalan.SMl
a °w.w,w b
LATIFAH PRIVOTT(Rescheduled from Oct 6th) ITEM
Council District:Centerville
Location 4494 Cherrywood Lane
I I
\�!3 `"�.1 ��� 1
E
/ //, .,
CONDITIONAL USE PERMIT(Family Day-Care Home)
Staff recommends Approval
Planning Commission voted 7 to 0 to recommend Approval
November 10, 2020
31
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
v _ ,
• Conditional Use Permit request for in-home day care for up to 12 children in Green Run neighborhood
• Applicant has over 10 years experience caring for children
• Enclosed fenced-in yard for children to play outdoors
LATIFAH PRIVOTT ITEM 1
DALE WOODEN (Rescheduled from Oct 6th) ITEM
Council District Princess Anne
Location 6336 Blackwater Road 2
n f (
a _ t
— ✓ I,
CONDITIONAL USE PERMIT (Home Occupation)
Staff recommends Approval
Planning Commission voted 7 to 0 to recommend Approval
November 10, 2020
32
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
i' A qi . 41
- a Concrete III
�f2
parkin6 {y
a aL/ea—lla :11
eway Owl r i 3 irk
• Conditional Use Permit requested for Home Occupation
• Applicant offers anti-cyberware training courses to military, ' a`e
local&state organizations for up to 10 students ——r
• Large lot in rural area with large driveway&parking area
DALE WOODEN ITEM 2
DONALD H. & DIANE F. HORSLEY (Rescheduled from Oct 6th) ITEM
Council District:Princess Anne
Location: 3340 Ives Road 3
44.11..
AVti
---71......._.....1
ik
ijiji.i
ll
SUBDIVISION VARIANCE(Section 4.4(b)of the Subdivision Regulations)
Staff recommends Approval
Planning Commission voted 7 to 0 to recommend Approval
November 10, 2020
33
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
IVES ROAD.=
c N.V.
RESIDUAL
g PARCEL -
• Request to create 2 lots that do not meet minimum lot
s `- width and street line frontage requirements
." • Subject property in Agricultural Reserve Program since
_ 1998
• ARP Agreement reserved 2 future building sites in
addition to existing single-family dwelling
DON. , 1, ITEM 3
ARROWFIT HUMAN PERFORMANCE, LLC ITEM
Council District:Bayside
Location: 1209 Funnel) Street
_....- ...... .7----- -- '
ii /.j.....\ Jta t' j
i
k „_40,., ,,,.., .sof
CONDITIONAL USE PERMIT(Home Occupation)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
November 10, 2020
34
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
" I id - i.„ z lit,
).4 k , ; Ngi
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,. ...... 1
- Noy.h.
______ _
O.„.-.4,-rt.-, 7 Ilk ' !I f
a,,..,_,... .;1-''''- - - --,7 '-.'<.17 , I , :
Ili
BR
• Conditional Use Permit request for Home Occupation for personal Fp
training services on large lot in Lakeview Park neighborhood • i 7 h 6
Aeon.,SIrvel.•F,
• All activities indoors for up to 4 people """'" O Yji1sn
FUNNE E1RET z^.'_e
• Large driveway to accommodate clients
.M a w'n
• Petition of support with 6 signatures of surrounding property owners l ;,�� • _ ..a.mow.+"
ARROWFIT HUMAN PERFORMANCE,LLC
MCNEEL PROPERTIES I
ouncil District Bayside
Location. 4901 Cleveland Street 5
...,, "11111;=;;Iiisw'
rnmailmiiiiiiiii.
w _
1 oNsrfi i `'Q
CONDITIONAL USE PERMIT(Automobile Repair Garage)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
November 10, 2020
35
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
, ,PIL,-.....„.„- 7_____---__:7i:1-, --- 1 .
- 191 IL\ -_
• Conditional Use Permit request for Auto Repair """' i,
Garage in existing building in Pembroke SGA - Lii _______,
• Slight reconfiguration creates well-screened s `P'°
area for storage of vehicles awaiting repair
• Deviation to fence height along Aragona Boulevard cul-de- • Planning Commission removed 10-year time limit condition
sac to ensure proper screening
MCNEEL PROPERTIES ITEM 5
RUTH B. WILSON ITEM
Council District:Princess Anne
Location: 865 &877 Sandbridge Road 6
/ .. . __ ____
..
........... ,.
li. [ B 1
..p .,„ ,_„ __ ____ __
I
SUBDIVISION VARIANCE(Section 4.4(b)of the Subdivision Regulations)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
November 10, 2020
36
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
gTL rs t } • Subdivision Variance request to reconfigure 2 parcels deficient in
IV-• minimum requirement of 1 acre outside of wetlands,water,AE
floodplain
• No additional development rights created
-- • Resubdivision eliminates L-shaped lot,retains existing garage for
property owner who will remain in home on Lot 22A
• Floodplain Variance required for any new development
unu
I l I>`.TR!Sn tOrZL1 - LOT22A
I,wFusr,
LOT 22
14131)41
MUM('CONFIGUR/C O J ',POSED RECONFIGL':
RUTH B.WILSON
THOMAS A. BROWN ITEM
Council District:Bayside
Location: Shell Road,between 1412 Duck Run Court&5145 Shell Road 7
mil_ _
tee
a' 'M,•n R,Myr. a M •e ,
N./
' f`, (3
tziq
SUBDIVISION VARIANCE(Section 4.4(b)of the Subdivision Regulations)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Approval
November 10, 2020
37
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
SHELL ROAD Anew.v>n,
t SHELLROAD Q.o.�w 't
y s Y ; 6. m
: _ ' '3i"l'l
•
y t. 1 t Ir PARCEL A7-2
IMCFLA71''
,, 0Hi �..__m1 ` ,®..,_tip
ram`
• Subdivision Variance request to 1 'ow—�� -�
reconfigure 2 existing buildable ,�""""'
parcels in Lakeview Park / ,,.•. "" [ �.4R17r .,... '''''
neighborhood deficient in minimum EXISTING CONFIGURATION
lot area requirement of 40,000
square feet
• No additional development rights created by resubdivision
• Reconfiguration results in balance of both lot size and shape
• President of Civic League provided letter and spoke in opposition to creation of any lot below minimum standards
THOMAS A.BROWN ITEM 7
LOUIS PERRIN ITEM
council District Princess Anne
Location 2121 Munden Point Road 8
,,,,,,,...,,„ .,,77,. _20 7
Ail
CONDITIONAL USE PERMIT(Residential Kennel)
Staff recommends Approval
Planning Commission voted 8 to 0,with 1 abstention,to recommend Approval
November 10, 2020
38
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
I
6
a,_.[
���Y'4
• Conditional Use Permit request for Residential Kennel
on 5.50-acre lot for up to 13 show dogs on property ; -.�
in southern Virginia Beach
• Applicant trains and shows dogs around the country • 3 speakers in support,all adjacent or nearby property owners
who appreciated applicant's desire to engage neighbors
• Proposed soundproof/air-conditioned 1,080 sf kennel
LOUIS PERRIN ITEM 8
VALVOLINE INSTANT OIL CHANGE ITEM
Council District:Kempsville
Location: 5101 Virginia Beach Boulevard 9
N.
I •• �I Ia
CONDITIONAL USE PERMIT(Automobile Service Station)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
November 10, 2020
39
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
<- = ,
"_" �..� _ O O _
---1.--
Oa O��
t , o
• Request for Conditional Use Permit for Automobile - -
Service Station in Rosemont SGA I Shared Access Easement
i
• Placed on Consent Agenda subject to addition of
condition by Planning Commission to convert P:�•
impervious area in utility easement
• Plantings proposed above minimum standards,architecture per
• Overhead garage doors oriented east/west design guidelines
VALVOLINE INSTANT OIL CHANGE ITEM 9
HAL J. & DEBORAH WOOLARD ITEM
Council District Beach �O
Location: Adjacent to 833 S.Atlantic Avenue
1 i \ \:. ..,:: \ \ ....-- 3
1\1 1 ` fy 1 .,e
\.... - -N ` \\
1
x..- \ \ 1 \ \ \
-
STREET CLOSURE
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
November 10, 2020
40
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
7
.1 9
J.
um WaQ ®IN R•Zm1lB�l.000D G E GIK...i.
and ELM.
- 8114.NJ0
'"• 47:L Y cnN ra.aesne44oaw
IN
18
_• y ..a t. _ emxaoc om.�w.a.a 112063111SImmoo
_ jrz orw a.7aa1ce.eoaoo
p.
.. - 17 19
• Street Closure request to close portion of 15-foot wide alley behind _
applicant's property in Croatan neighborhood at oceanfront •�,
• Viewers determined no public inconvenience •.A1WnICAMMY[vM]
• Typical conditions include dedication of public drainage easement
HAL J.&DEBORAH WOOLARD
JON S. & DEANA M. HESS ITEM
Council District:Beach 11
Location: Adjacent to 837 S.Atlantic Avenue
wy�pro 14 4 wn \. t\1
k so-
STREET CLOSURE
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
November 10, 2020
41
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
'
,9 S . axwuaamlamoc . s
��� y'� � It , �.ro Sam..Caee9•ll
'�ii o�.Ms xak.* tSN1rY ! ov«w ,aeo.m
•
�w/uzmnrN0000 1______ -1—.,
...
. F
L h i
� 1 17. �I r 1 iro»su er nwewm�i.
r:
• Street Closure request to close portion of 15-foot wide alley beh n c 16 18
applicant's property in Croatan neighborhood at oceanfront
• Viewers determined no public inconvenience ..
• Typical conditions include dedication of public drainage easement wurtlAnwtrtw AVENUE(ea1
JON S.&DEANA M.HESS i 1
Mr. Landfair turned the presentation over to Mr. Tajan:
ITEMS
CONDITIONAL USE PERMIT— Short Term Rentals 12-20
Recommended for Approval by Staff&Planning Commission
("Consent Agenda)
Beach District Lynnhaven District
12.Shelley Gail Dagenhart• 19.Valerie Taylor
14.Sean Reilly
16.Justyce Swango
17.Lawrence&Suzanne Oleszko•
Recommended for Approval by Staff&Denial by Planning Commission
Beach District Rose Hall District Bayside District
13.Andrew Kutsch Gregory 18.GG Property Management,LLC 20.Shelly Arnoldi
15.Red Lion Properties,LLC
November 10, 2020
42
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
SHELLEY GAIL DAGENHART I"ro
Council District:Beach
Location: 2113 Pacific Avenue,Unit 2B 12
, "
{ oa
\It \C----- \
11111
CONDITIONAL USE PERMIT(Short Term Rental)
i .--\...04-- ' s.: ',\ --or''' Ir------1 \
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
t
=---s q�—+ max— ..
--a-
t
�'A _, r, `•yam _ 1 ,1 n -iMt I T '` ,.-q .•-
t -a ' n
• Request for a Conditional Use Permit for a Short Term Rental in a 2- 7 , ` - a
bedroom unit within a 15-unit condominium located east of Atlantic } �"—``
—wit-' w.
Avenue on the oceanfront I
• 2 parking spaces required:2 spaces provided on-site F may•.
• 1 designated parking space on-site
• 1 space shared from pool of 10 extra guest spaces I I
SHELLEY GAIL DAGENHART ATIANTIC AVENUE ITEM 12
November 10, 2020
43
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
,_ r: *`
4 ti �i , ...
_,11111
•
of L i-v �.L"'e TV, i.-Till __Ili: ...)
STATUS 1t1j
SHELLEY GAIL DAGEN HART .
ANDREW KUTSCH GREGORY 1
Council District.Beach
Location: 514 Pinewood Drive 13
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,..
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irwi„.10._ ,. 1
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"...,.nt,_,m,r,si,tA,p..._,"o.,.n,,.
la i, ��
�.' ' �' \ _fir
• r- r4..„, ,--,-,..._\______:-.0,i,\---\ „, ..2, ,.
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 6 to 3 to recommend Denial
November 10, 2020
44
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
_w P1
v.a.e..a�w.awe
.+
�_ .
"ry .: ..word i
• Request for a Conditional Use Permit for Short Term Rental on 4" '
property zoned R-5S Residential District
w
• 3-bedroom single-family dwelling near the oceanfront +n.II
Rill
• 3 off-street parking spaces required;3 parking spaces provided �... 1
• Condition requires fence installation to impede driving over
sidewalk
ANDREW KUTSCH GREGORY ITEM 13
\----7------- ..-..\\\''''..7\4 ---A-
1 flow +_.
? ilk. `_
STATUS
ANDREW KUTSCH GREGORY ITEM 13
November 10, 2020
45
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
SEAN REILLY ITEM
Council District:Beach 14
Location: 604 23rd 1/ Street
1 ..." V--Z-1 R 35
.. %�C�\ X ltr
x,., C
r0 s- \ `'icy f t a kH
aim
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 7 to 0 to recommend Approval
- 9'a 1g'parking
"" �.d . M n. =HI space
9 xIg parking
px in the
_ _ $ g ge
— i E I _ : � _ Id-, T, . The4`"Peking
_ -, ^^ ,>;.., ti _ S Li leased frpi mthe
_ k3at 2.: Street Parking
3 �( tt � � " garage(310 25th
-�wor„,..1 Ll_ { : .. S garage is.25 miles
I Street)The
" (1,330 feet)from
4- .... � `^"-- --- sgam. __Y. — the sable¢
"' proPe6y-
• Request for Conditional Use Permit for Short Term Rental on property -
zoned R-SD Residential District at the oceanfront
• 4-bedroom single-family dwelling • 1 s 1
• 4 off-street parking spaces required;1 in garage,2 in the driveway,1 off-
site in 25'h Street parking garage(0.25 miles away) 25 2 3 -- - Edge of ale,
•
pavement
• Condition 6 allows use as 3 or 4-bedroom STR,subject to City Assessor's ..S'..f.,. .o
modification to land use records
SEAN REILLY ITEM 14
November 10, 2020
. 46
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
au
dr w---\ow-- ,--„„„.. _
, ..,, , , wite . ::::,,,,, , .
g'.14" #17-Ascst.- 041_sr. ,t4:,w- i..
t ' A.‘v - .„.-,,,t_ . -2. st --,t-
._ 0,1,01,,,,,,04 ,, ____ \
*r A ®ice ��1\D��:
7. i U t ;ir : "
410 0,1
jra Is o s� `�1 VMS �H ,v=oh C
ITEM 14
RED LION PROPERTIES, LLC ITEM
,,,,,,,..::
Council District Beach 15
7y
Location 1009 Barclay Square
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CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Denial
November 10, 2020
47
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
"' ru .a..ouc e...
Imam/or Kee WI= emelt r i i: '
. . 1 ;\:"."41--'--7- ‘.Ta.' '- .*A:"2. .- .. -- II..,-..', v;
• Request for a Conditional Use Permit for Short )(--. ._st
Term Rental on property zoned A-24 Apartment -, _i t
District approximately 1 mile from Atlantic Ocean Ito)era.y Squire yla WNW paw(on- - A'`"`
wi
r■tro ritand v r7 "1"."13epeaeit
• 2-bedroom unit in condominium complex ' f Mprgrpa rtl ane lnb anae�Ynel �epy
• 2 off-street parking spaces required;1 space in
parking lot,1 in on-site leased garage
RED LION PROPERTIES,LLC
m 1..
€ 7 1311t Street
' � '\ A2tn Street �aKepnye ..
y'
t U
sTai
�ahss N
A 9th Street c m .
8 T
ft � 1 Aye
`._\ �� I. Maryland a enve
"STATUS '(* , i' Delaware Ay
• e Amway. -r..i1d:, V\l9rnra Ayen�e
• une•rnww. C' car."'
r .
RED LION PROPERTIES,LLC ITEM 15
November 10, 2020
48
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
JUSTYCE SWANGO ITEM
Council District Beach
Location. 811 Delaware Avenue 16
_. ,.....
_ ....... ...„
.,.. • ` a i • Oil.
` ` ifl i S1
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 6 to 2 to recommend Approval
s
.� .^_ r®M space
J'I ar
„s `m,
? �s
,F 4 :
-- iia `.
• Request for a Conditional Use Permit for Short Term Rental 6 ,
on property zoned R-5S Residential District in Shadowlawn a3,
neighborhood
• 3-bedroom single-family dwelling approximately 1 mile from DELAWARE AVE.(50')
Atlantic Ocean rCWESL+•M.*.r
• 3 off-street parking spaces required;3 parking spaces
provided in driveway
JUSTYCE SWANGO ITEM 16
November 10, 2020
49
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
Jll\ } tt
_)b \
d
„.. . __
STATUS >`A.
WDm vet _
Q ADD Wrb \ .- tVga.....rTC
JUSTYCE SWANGO ITEM 16
LAWRENCE & SUZANNE OLESZKO ITEM
Council District:Beach 17
Location: 4005 Atlantic Avenue, Unit 117
rD...
._ _\ ,
_.„-......... 'c \,A
4 \
`� , \
�+'. -,
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0 to recommend Approval
November 10, 2020
50
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
• Request a Conditional Use Permit for Short Term Rental on
property zoned Oceanfront Resort Form-Based Code District
• 1-bedroom unit on 40th Street at oceanfront
•
• 1 off-street parking spaces required;1 parking space provided
LAWRENCE&SUZANNE OLESZKO ITEM 17
viyR `M, ` '\
1+
\ -54.- • _ 110
s : : ,. � ,,�,�
®1 ow '".
rams
SUZY OLLSZKO ITEM 17
November 10, 2020
51
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
GG PROPERTY MANAGEMENT, LLC ITEM
Council District:Rose Hall
Location: 713 Northgate Court 18
, _ _ .r.,_________,____,___
, __ __ ,......... __ _
_ ,
....... . rir[ I
Li
r
aaw S / D Q/ __
„. , !
• i 0 1 n kc (u ,,_,-,,- >t:=1(
all, _ ,Q_ \
".
i ......... ..,x,
_._ \ I ..%
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 7 to 0 to recommend Denial
'Qs.. 27 ..,.......I,.. 26 -Proposed
y, tt • .• ' Driveway.. addrtion
• 'f _.. _ 1 -.••.�•.� 1 -Existing
7 I ),,, $_• s concrete
�--•l� I �� i ii-j),
driveway
t G ..
• r^ •14 feet from
' - Ili
.. 1 •. 1-t:a 1 property line to
•• 1 •�••� 1.. street pavement
• Request a Conditional Use Permit for Short Term Rental •• ••�• v.'�'
on property zoned R-7.5 Residential District NorttepteCourt
• 5-bedroom single-family dwelling
• 5 off-street parking spaces required;3 spaces provided • Pedestrian and vehicular flow unimpeded by parked
on-site,2 spaces slightly in right-of-way where edge of vehicles
street is 14 feet from property line
GG PROPERTY MANAGEMENT,LLC ITEM 18
November 10, 2020
52
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
3fel4, 144 1 **ear' . -�.4
�rariilti s.its f A10111.1 •.1
tli111 lii iiii'ii . . �� 4 .�•
uiYi;WI.
_ ►I�0eitaat�w %yip aaar... ft ., ���
rx11yHa!1 7711"9111.11,; aaN
w A�
1 \ Late•O`er •l i��!!` fin,
j STAIU$ 'b*4•11.•••I5 A •
4.
i • ..... ii,Sic" tit"Ter#404414..ik,-*•0;" At-
GG PROPERTY MANAGEMENT,LLC I?Erd 18
VALERIE TAYLOR
Council District:Lynnhaven
19
Location: 3644 Britt Terrace (
/ ,f.;,... .
to, , n „c5),
�l w. .Q a o a ll
lit C3k
.. irk/ n r-rc:IP C__-....
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 7 to 0,with 1 abstention,to recommend Approval
November 10, 2020
53
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
y/' - �._•_•_•_•_•_
7 I III Proposed
tlriveway
/��.. a I a
241 ddi[on
I ...,c
rl
I 1
v w
• Request a Conditional Use Permit for Short Term I •.I 1
�¢2
Rental on property zoned R-7.5 Residential District I .ta 321
L I3
• 3-bedroom single-family dwelling in Malibu I
neighborhood ... ) 12 W
• 3 off-street parking spaces required;3 spaces BRrTT TERRACE(50')
provided/proposed
VALERIE TAYLOR ITEM 19
.,,lis
lit stair it 4 itp Al
1#.1 ii, ..iii, i . •...y.:
.. ._
...rsolpiar ma soppy" iy. It ..- wis -
►h r.
Lain'Zit 1 ~� n�N *r„�, , ■s■
.. .tea '�ua.'�3~ ,+lw►g�'�;``+..:C:■
an I • K:c.e! 777:ILI+
VALERIE TAYLOR ITEM 19
November 10, 2020
54
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
SHELLY ARNOLDI ITFr.,
Council District Bayside �O
Location: 3921 Whooping Crane Circle
_____
__ _ c, . ...,, ,,,...„,,. -______
..... _.
... -__ r,,-,
„ft.'...4. .....\..._.__.
- ,--_--, fr.,..,„(—--_, a%-a iit,,,,_,s `
.:._ ____...__.., .
F ,i7 4� ` V
1` , \ r, is - . 4
".`..,:"`"„�;s.., (. .__ VILI ;;�iil,' of O�i i4
CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend Denial
_z1A —ter_ -
-, r:,� 9 A�
L _,. _
f
Y' """.ii • z • ling Lrve Oak
4 J 4 Tree
• Request a Conditional Use Permit for Short Term Rental on property zoned R-2.5 f,Residential District in Aeries on the Bay neighborhood adjacent to the ls ) 1_
a
Chesapeake Bay
YMOOPIHO CR 4E CiKCLE
• 2-bedroom townhouse w P w
• 2 off-street parking spaces required:2 spaces provided,1 in the garage and 1 in v'x 1s g'
parking space parking
the driveway space in the
garage
SHELLY ARNOLDI ITEM 20
November 10, 2020
55
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#70969
(Continued)
114 i
4 h
( r
Ir'' ,,Sv•Viirelitscept 1,04.F1
b,\
v.
• . .GAP' �41.
4.11p:.
• D''''' paii„,4„,,ArAii, . . %
SHELLY ARNOLD( TEl 20
Mayor Dyer expressed his appreciation to Mr. Tajan and Mr. Landfair for the presentation.
November 10, 2020
56
CITY COUNCIL LIAISON REPORTS
ITEM#70970
3:38 P.M.
There were no City Council Liaison Reports
November 10, 2020
57
CITY COUNCIL COMMENTS
ITEM#70971
3:39 P.M.
Vice Mayor Wood congratulated Mayor Dyer and Council Members Abbott,Berlucchi, Wilson and Wooten
on their re-election and running outstanding campaigns.
November 10, 2020
58
CITY COUNCIL COMMENTS
ITEM#70972
(Continued)
Council Member Abbott advised she had a discussion with Mr. David Weiner, Vice Chair of the Planning
Commission, who expressed concern there is not adequate time to hold public outreach, regarding the
Short Term Rental Ordinances City Council referred to the Planning Commission, before the deadline.
Council Member Abbott asked Mr.Mark Stiles, City Attorney, what predicament could City Council face if
the Planning Commission does not have enough time to engage the public.
Mr. Stiles advised the Planning Commission has one hundred(100)days from the date of referral to make
a recommendation, if they do not, State Code 15.2-2285(b), deems the Ordinances approved by default.
Mr. Stiles advised, City Council referred the Ordinances to the Planning Commission on October 20t and
the Planning Commission held their next meeting on November 4th and has until approximately February
12, 2021 to provide a recommendation. Mr. Stiles recommended the Planning Commission communicate
they will not approve the Ordinances as written and are working on revisions to allow the deadline to be
extended.
Council Member Abbott advised the Planning Commission's concern is holding public outreach during the
holiday season when many citizens may not be available and explained she wanted to make the body aware
of the discussion she had with Mr. Weiner as there could be a delay.
November 10, 2020
59
CITY COUNCIL COMMENTS
ITEM#70973
(Continued)
Council Member Rouse distributed a draft of Resolution Requesting the Creation of a Single Mobile Portal
for City Services and Information, advising it will be on the November 176 Agenda for consideration,
attached hereto and made a part of the record. Council Member Rouse advised he has received feedback
from citizens who have trouble navigating the City's website and the seven (7) different mobile apps the
City currently has to find information. The proposed Resolution would result in the creation of a single
mobile portal for City services and information. Council Member Rouse advised the IT Department will
provide a presentation November 176
.
November 10, 2020
REQUESTED BY COUNCILMEMBER ROUSE
1 A RESOLUTION REQUESTING THE CREATION OF
2 A SINGLE MOBILE PORTAL FOR CITY SERVICES
3 AND INFORMATION
4
5 WHEREAS, residents and visitors increasingly use their mobile phones to access
6 information instead of logging onto a website using a desktop or laptop computer, and
7 mobile portals that are specially designed for mobile devices provide a better user
8 experience than attempting to use browsers on mobile devices to access content that
9 was designed to be viewed on desktop or laptop computers;
10
11 WHEREAS, over the past six years, the City of Virginia Beach has created several
12 individual apps, including VB Connect (for finding City news, contact information for City
13 officials and departments, job listings, and access to other City apps), VB Property (for
14 information on all residential, commercial, tax exempt, and agricultural properties in the
15 City), VB Events (for information on public meetings and events at certain City facilities),
16 and VB ParkFinder (for information about City parks and park facilities);
17
18 WHEREAS, requiring citizens and visitors to download multiple City apps for
19 different types of services is cumbersome, can be confusing, and can frustrate those who
20 may be unable to find vital information about City services even after downloading several
21 City apps; and
22
23 WHEREAS, a single mobile portal for all City services would greatly benefit our
24 citizens and visitors by providing a one-stop location for a variety of information about the
25 City and would provide increased transparency and enhanced citizen engagement;
26
27 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby requested to: (1)take all steps necessary to create
31 a single mobile portal for City services and information; (2) seek public input from our
32 community as to the functionality and content of the portal; and (3) provide the City
33 Council with periodic updates on the status of the portal's development until it is released.
34
35 Adopted by the City Council of the City of Virginia Beach, Virginia, this day
36 of , 2020.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA15268 R-2 November 6, 2020
60
CITY COUNCIL COMMENTS
ITEM#70974
(Continued)
Council Member Moss referenced the email he sent to the body with topics he feels needs to be addressed,
attached hereto and made a part of the record. Council Member Moss briefly covered the topics listed.
November 10, 2020
Paige T. McGraw
Subject: FW: COUNCIL MEMBER MOSS' s COUNCIL CONCERNS FOR NOV 10TH COUNCIL
INFORMAL SESSION
Forwarded message
From:john moss<johndmoss4109@gmail.com>
Date:Tue, Nov 10, 2020 at 8:43 AM
Subject: COUNCIL MEMBER MOSS's COUNCIL CONCERNS FOR NOV 10TH COUNCIL INFORMAL SESSION
To: Bob Dyer<bdyer@vbgov.com>,Jim Wood<JLWoodPvbgov.com>, Louis Jones(Uones@hollomon-brown.com)
<Uonesc hollomon-brown.com>, Barbara Henley<bhenley@vbgov.com>, Rosemary C. Wilson<rcwilsonPvbgov.com>,
Jessica Abbott<jabbott@vbgov.com>, Sabrina D.Wooten<swooten@vbgov.com>,Guy K.Tower<gtowerPvbgov.com>,
Aaron R. Rouse<ARouse@vbgov.com>
Cc: Patrick Duhaney<pduhaney@vbgov.com>, Mark Stiles<mstiles@vbgov.com>, Barbara Henley
<bhenley@vbgov.com>
Dear Colleagues,
My subject topics with brief discussion are as follows:
1. 2021 Bond Flood Mitigation Projects November Bond Referendum -The time is indifferent to our lack of
progress. Last workshop we invested an hour and a half on Recreation Centers recap and a possible new recreation
center in the Centerville District. I think we can all agree that recreation centers are a lower priority than further
reducing our risks to floodings. We should not once again let the clock run out on us and we are prepared to
constructively and meaningfully engage the voters in a new acquisition strategy and delivery model.
2. Independent Redistricting Commission for City Council post reported results for the 2020 Census. You may recall at
the time of the adoption of our legislative package, I noted we were supporting an independent redistricting commission
for the Commonwealth, but were not applying that same proposal to us. Virginia Beach voters
overwhelmingly expressed their support for the idea of an independent commission recommending new election
districts based on the decennial census. I recommend we do the same and we need to discuss this now so we have a
way ahead when federal district court Judge Jackson's issues his ruling independent of its finding. There are lots of ways
such a commission could be formed. The time to solicit public input is now. Furthermore, adoption of an independent
commission will enable a full diversity of public participation and achieving broad based public confidence in the result.
3. Council Budget Guidance Resolutions. What are timeline milestones to meet what target vote date?
4.Convention and Tourism Task Force Recommendation. The recommendation of the Task Force was a given before it
started.What we do not want is a repeat of what looks to be a habit of major votes between Thanksgiving and
Christmas when the public is focused on the holidays not to mention the added impact of COVID.You may recall how
the December push for a convention hotel proposal not so many years ago fell apart as select council members
homework revealed misrepresentations. The Task Force's recommendation requires serious vetting with a larger
audience than the community it serves since public tax dollars are involved. As just one data point,you may recall the
Deputy Center Manager who interviewed for our City Manager position (not mentioning the city on purpose) noted
convention and tourism marketing, events management, etc. was in his line management portfolio -no public-private
organization. That community was landlocked and yet had supported major sports events, musical festivals etc. Not
saying the recommendation being made is not the right one. I am saying the Task Force's composition with only one
true citizen representative with no connections to the industry and consultants not independent of the industry
precludes a conclusion that the Task Force's objectivity is beyond question. I raised these concerns at the front end and
1
they are still relevant at the back end. We all want our convention and tourism to thrive. Just as war is too important to
be left with generals and admirals alone,so is the issue of how taxpayers are deployed to market for conventions and
tourism too important to be left to industry advocates and equity owners.
5. Market Salary survey. The City's HR Director has replied that a total compensation survey cannot be accomplished for
$200K and that an RFP would need to be conducted to learn the cost of getting a, my words, meaningful market total
compensation survey. If we do not conduct a survey aligned at least in part with my communication of the topic with
you in my earlier correspondence,we are wasting the$200K that has been proposed, and we are doing a disservice, in
my judgment,to taxpayers and employees. A job worth doing is a job worth doing right. This is a most serious topic and
merits the most analytical and professional approach. I am looking to understand what is our unambiguous direction to
the City Manager. All of us want to do right by City employees and taxpayers;therefore,we should want the analytical
approach that merits the public's and employees' confidence in its results due to its comprehensive approach and
methodological rigor.
Since often the informal agenda item of Council concerns is allocated the least amount of time, I have adopted this
approach to make sure I cover my concerns and you, as well as the public, have a written context for later reference.
Warm regards,
John
2
61
CITY COUNCIL COMMENTS
ITEM#70975
(Continued)
Council Member Wooten distributed a draft of Resolution to Declare November 15th-December 15`h as
"Buy Local Month", advising it will be on the November 17t Agenda for consideration, attached hereto
and made a part of the record.
November 10, 2020
REQUESTED BY COUNCILMEMBER WOOTEN
1 A RESOLUTION TO DECLARE NOVEMBER 15 —
2 DECEMBER 15, 2020 AS BUY LOCAL MONTH
3
4 WHEREAS, last year, the City Council adopted a resolution to establish November
5 15th— December 15 as "Buy Local Month;"
6
7 WHEREAS, local businesses create jobs, boost the local economy, and preserve
8 our neighborhoods; and
9
10 WHEREAS, in recognition of these contributions, the City Council would like to
11 enact a resolution to declare November 15 — December 15, 2020 as "Buy Local Month;
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA, THAT:
15
16 The Council hereby declares November 15-December 15, 2020 as "Buy Local
17 Month," and it urges all citizens to join in this celebration and to buy local for the holidays
18 and throughout the year.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
i• .rn s O is
CA15249
R-1
November 5, 2020
62
CITY COUNCIL COMMENTS
ITEM#70976
(Continued)
Council Member Wooten advised the next Ignite Business Seminar will focus on veterans who are
transitioning out of the military and will be held on November 21'. Council Member Wooten advised the
link to sign up is on vbgov.com and people can participate virtually or in person (fty(50)people max.)
November 10, 2020
63
AGENDA REVIEW SESSION
ITEM#70977
3:55P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Section 7 of Appendix J,Agricultural Reserve Program re eligibility criteria
(Requested by Councilmember Henley)
2. Resolution to ADOPT a City Council Policy for Public Outreach and Engagement re Development
Applications that Require City Council Approval(Requested by Councilmember Henley)
3. Ordinances to AMEND City Code:
a. Section 2-75 re clarify law clerks as non-merit employees
b. Section 2-411 re Emergency Management Coordinator
c. Section 17-3 re increase the number of members to the Public Library Board
4. Resolution to AUTHORIZE Twelfth Supplemental Master Water and Sewer Bond Resolution of
February 11, 1992 and AUTHORIZE the sale of up to $101-MILLION Refunding Bonds, Series
of 2020
5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of
Agreement re The Hampton Roads Regional Groundwater Mitigation Program
6. Ordinance to RELEASE $30-Million for Capital Project #100291, "Operations Facility
Renovations"re renovations of Municipal Center Buildings 1, 2 and 11
7. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency
(FEMA) to the FY 2020-21 Fire Department Operating Budget:
a. $208,246 re reimbursement of cost for the deployment of the Virginia Task Force 2 Urban
Search and Rescue Team to assist areas impacted by the Oregon Wildfires and Tropical
Cyclones Laura and Marco
b. $987,213 re Cooperative Agreement Grant that continues operation of the Virginia Task
Force 2 Urban Search and Rescue Team and AUTHORIZE 0.2 FTE
c. $13,464 (for the) FY 2018-19 and $83,833 (for the) FY 2017-18 re Cooperative Agreement
Grant that continues operation of the Virginia Task Force 2 Urban Search and Rescue Team
8. Ordinance to ACCEPT and APPROPRIATE$24,010 from the Department of Homeland Security
to the FY 2020-21 Fire Department Operating Budget re purchase of a tracking system and
personal protective equipment
November 10, 2020
64
AGENDA REVIEW SESSION
ITEM#70977
(Continued)
9. Ordinance to APPROPRIATE$1.8-Million from Fund Balance and AUTHORIZE a$1.1-Million
Grant to the Virginia Beach Community Development Corporation (VBCDC) and PROVIDE
$700,000 to the Virginia Beach Development Authority (VBDA) and REQUEST the City Auditor
to include annual audits of the VBCDC in the audit schedule for three(3)fiscal years
10. Ordinances to APPROPRIATE in Coronavirus Relief Funds to the FY2020-21 Schools Operating
Budget:
a. $11,677,033 re eligible expenses such as supplemental staffing costs, personal protective
equipment, cleaning supplies, and technology to support distance learning
b. $1,634,662 re consistent with the intent of the Elementary and Secondary School Emergency
Relief Fund and Governor's Emergency Education Relief Fund
11. Ordinance to TRANSFER $246,158 within the FY 2020-21 Fire Department Operating Budget
from the 2017 FEMA Cooperative Agreement Grant re purchase equipment for the Virginia Task
Force 2 Team
J. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO NOVEMBER 17, 2020
ITEM#2 WILL BE CONSIDERED SEPARATELY
November 10, 2020
65
ITEM#70978
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
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• Beach District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant to
Section
• Adams Outdoor v. City of Virginia Beach
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
November 10, 2020
66
ITEM#70979
(Continued)
Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council voted to
proceed into CLOSED SESSION at 4:13 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 4:13 P.M. —5:50 P.M.
November 10, 2020
67
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
NOVEMBER 10, 2020
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the
Virginia Beach Convention Center, Suite 5, on Tuesday, November 10, 2020, 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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
INVOCATION: Council Member Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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`h 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.
November 10, 2020
68
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 identifil 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.
November 10, 2020
69
ITEM— VLE
CERTIFICATION
ITEM#70980
Upon motion by Council Member Tower, seconded by Council Member Abbott, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1LD
0UR
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#70979 Page 66 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.
gli
7Fanda :, es, MMC
City Cler. November 10, 2020
70
ITEM— VLF.]
MINUTES
ITEM#70981
Upon motion by Council Member Moss, seconded by Council Member Wooten, City Council APPROVED
the MINUTES of the SPECIAL FORMAL SESSION of October 20,2020
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.
Jones, John D. Moss, Guy K. Tower, Vice Mayor James L. Wood and
Sabrina D. Wooten
Council Members Abstaining:
Michael F. Berlucchi
Aaron R. Rouse
Council Members Absent:
Rosemary Wilson
November 10, 2020
71
ITEM— VLG.1
MAYOR'S PRESENTATION
ITEM#70982
PROCLAMATION
NATIVE AMERICAN HERITAGE MONTH
This presentation has been re-scheduled to November 17, 2020 at the request of the recipient.
November 10, 2020
72
ITEM— VLG.2
MAYOR'S PRESENTATION
ITEM#70983
RECOGNITION
2020 SISTER CITIES ASSOCIATION OF VIRGINIA BEACH(SCAVB)
YOUTH AMBASSADOR
Mayor Dyer welcomed Carolyn Garrett, SCAVB President, who introduced and recognized Eleni S.
Segerblom who was selected as the 2020 SCAVB Youth Ambassador.
Ms. Segerblom expressed her appreciation to City Council and the Sister Cities Association of Virginia
Beach for their recognition and support. She expressed it is an honor to be selected and will follow her
mother's advice, "let there be peace on earth and let it begin with me". Ms. Segerblom stated she is
looking forward to serving as the Youth Ambassador and working with the City's five(5)Sister Cities and
Friendship City.
November 10, 2020
73
ITEM— VLG.3
MAYOR'S PRESENTATION
ITEM#70984
PRESENTATION TO CITY COUNCIL — VB HOME NOW
Mayor Dyer read Resolution, "In Recognition of VB Home Now", expressing the City's appreciation for
their outstanding contributions to the City and their dedication to making homelessness rare, brief and
nonrecurring.
Mayor Dyer welcomed Andy Friedman, Housing and Neighborhood Preservation — Director and Ray
Bjorkman, VB Home Now—Chairman and presented them with the Resolution.
Mr. Bjorkman expressed his appreciation to City Council for their continuous support and presented City
Council with a check for$1-Million. Mr. Bjorkman advised the foundation worked to raise$1.35-Million
in less than four(4)years that was used to provide thirty-eight(38)families homes and employment. Mr.
Bjorkman expressed his appreciation to everyone who donated stating, "a vision fulfilled is a tree of life".
November 10, 2020
o
rY
•
4s e
Gp OUR 01,044
49
RESOLUTION
WHEREAS: The VB Home Now foundation was founded as a 50103 nonprofit organization in 2016, to support
and enhance our community system of services,programs and facilities to prevent and end homelessness;
WHEREAS: VB Home Now's Board of Directors have been unwavering ambassadors for our neighbors in need
and have successfully mobilized our community to address homelessness;
WHEREAS:More than $1 million in private donations have been raised to support the work at the Housing
Resource Center and address key needs in the community;
WHEREAS: This year, the Foundation will invest more than $180,000 to provide resources, create partnerships
and address gaps within our community that directly impact the homeless and at-risk populations,including:
• Short-term financial assistance that will help families who are connected to the Virginia Beach homeless
service system to obtain or retain housing
• More than 77,000 weekend meals that will be distributed to students experiencing food insecurity in
partnership with the Virginia Beach Education Foundation
• Workforce development, health, transportation and other programs that alleviate barriers to housing that
will continue to be developed and enhanced;
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its
appreciation to VB HOME NOW'S current and past members of its Board of Directors, including: Deborah
Baisden, Ray Bjorkman, Linwood Branch, Joshua Coe, Barbara Taylor Creech, John Edwards, Mary Dorman
Harrison, Robert Jones, Steve Kelly, George MacDonald, John Olivier], Sherry Pitsilides, Wayne Sawyer, Rev.
Michael Daniels, and James Walrod, for their outstanding contributions to our City and their dedication to
making homelessness rare, brief and nonrecurring.
Given under our hands this 17"day ofNovembe 20
4414 A.
Council mferJessicaT?Abbott Council-Mem6erMiclaeIF.Berlucchi Council'Member B r6ara M.Flenley
44
Cou em6l ouis R,Jones nciflimber ohn Moss ouncil ember Aaron c,Rouse
4Z(1 -Nsprir/ / I,?(€4101 -
Coun l%ember Guy 7(,Tow' Council Member Rosemary Wilson Council'Mem6erSabrina(D. Wooten
Vic .May,, mes L Wood Mayor Robert Bob Dyer
74
ITEM— VLH.1
PUBLIC HEARING
ITEM#70985
Mayor Dyer DECLARED a PUBLIC HEARING.•
AMENDMENT TO FY 2020-21 RESOURCE MANAGEMENT PLAN—
SCHOOL REVERSION FUNDS
The following registered to speak:•
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
November 10, 2020
75
ITEM— VLL
FORMAL SESSION AGENDA
ITEM#70886
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given three (3)minutes on each item they registered to
speak.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:Agenda Items Ordinances/Resolutions
J: 1, 3a/b/c, 4, 5, 6, 7b, 8, 9, 10a/b and 11
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY
CONSENT, Agenda Items Ordinances/Resolutions 1: 1(DEFERRED TO NOVEMBER 17, 2020),
3a/b/c, 4, 5, 6, 7a/b/c, 8, 9, 10a/b and 11
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
J. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO NOVEMBER 17, 2020
ITEM#2 WILL BE CONSIDERED SEPARATELY
November 10, 2020
76
ITEM— VI.J.1
ORDINANCES/RESOLUTIONS
ITEM#70987
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council DEFERRED TO
NOVEMBER 17,2020, Ordinance to AMEND Section 7 of Appendix J,Agricultural Reserve Program re
eligibility criteria (Requested by Councilmember Henley)
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
77
ITEM— VLJ.2
ORDINANCES/RESOLUTIONS
ITEM#70988
The following registered to speak:
Todd Solomon, 22601 S`Landing Lane, Phone: 667-8533, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Martha Theriault, 4311 Black Beard Road, Phone: 460-4557, spoke in SUPPORT
James Noel, 1351 Penguin Circle, spoke in OPPOSITION
Upon motion by Council Member Berlucchi, seconded by Council Member Wooten, City Council
DEFERRED INDEFINITELY, Resolution to ADOPT a City Council Policy for Public Outreach and
Engagement re Development Applications that Require City Council Approval (Requested by
Councilmember Henley)
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
78
ITEM— VLJ.3a
ORDINANCES/RESOLUTIONS
ITEM#70989
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code:
a. Section 2-75 re clarify law clerks as non-merit employees
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO AMEND SECTION 2-75
2 OF THE CITY CODE PERTAINING TO
3 NONMERIT AND MERIT SERVICE
4
5 SECTION AMENDED: § 2-75
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 2-75 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-75. - Service divided into nonmerit and merit services; composition of
14 nonmerit service.
15
16 (a) The service of the city is divided into nonmerit service and merit service.
17 (b) The nonmerit service shall consist of:
18 (1) Members of the city council and all other elected officials or persons appointed
19 to fill vacancies in elective offices.
20 (2) The city manager, deputy city managers, assistants to the city manager and all
21 heads of departments or offices who are appointed by the city manager.
22 (3) Constitutional officers and their employees.
23 (4) All appointees of the city council.
24 (5) Employees of the health department.
25 (6) Employees of the school board.
26 (7) Judges and associate judges of the circuit courts, general district courts and
27 juvenile and domestic relations district courts, law clerks, and employees of such
28 courts.
29 (8) Employees of the agriculture department compensated by the state.
30 (9) The general registrar and all assistant registrars.
31 (10) Employees of juvenile probation.
32 (11) Members of boards and commissions.
33 (12) Any individual whose relationship with the city arises from or under any express
34 contractual agreement to which such individual is a party or whose position is
35 created by such contract.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th
day of November , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J_ W(L
Human Resources City Agorney's Office
CA15179
R-1
September 30, 2020
79
ITEM— VLJ.3b
ORDINANCES/RESOLUTIONS
ITEM#70990
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code:
b. Section 2-411 re Emergency Management Coordinator
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO AMEND SECTION 2-411
2 OF THE CITY CODE PERTAINING TO
3 CREATED; DIRECTOR; COORDINATOR
4
5 SECTION AMENDED: § 2-411
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 2-411 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-411. - Created; director; coordinator.
14
15 In accordance with section 44-146.19 of the Code of Virginia, an office of emergency
16 management is hereby created for and within the city. The city manager is hereby
17 appointed as director of emergency management. A coordinator shall be appointed by
18 the director, with the consent of council.
19 .
20 The effective date shall be December 31, 2020.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this Lath
day of November , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
A47 014Ak
Human Resources City Attorney's Office
CA 15246
R-1
October 20, 2020
80
ITEM— VLJ.3c
ORDINANCES/RESOLUTIONS
ITEM#70991
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code:
c. Section 17-3 re increase the number of members to the Public Library
Board
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO AMEND SECTION 17-3
2 OF THE CITY CODE TO INCREASE THE
3 NUMBER OF MEMBERS OF THE PUBLIC
4 LIBRARY BOARD
5
6 SECTION AMENDED: § 17-3
7
8 WHEREAS, the Public Library Board has requested certain changes to City Code
9 § 17-3 in order to increase membership of the City's Public Library Board from a minimum
10 of seven (7) members and a maximum of thirteen (13) to a minimum of nine (9) members
11 and a maximum of fifteen (15);
12
13 WHEREAS, the increase in membership for the Public Library Board would
14 enhance the Board's ability to recruit subject matter experts to support the Board's
15 advisory responsibilities to City Council;
16
17 WHEREAS, an increase in membership for the Public Library Board would improve
18 the Board's succession planning efforts for officer roles and critical subcommittee work;
19 and
20
21 WHEREAS, the Public Library Board unanimously approved a motion to request
22 that the City Council increase membership for the Public Library Board;
23
24 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
27 That Section 17-3 of the Code of the City of Virginia Beach, Virginia, is hereby
28 amended and ordained to read as follows:
29
30 Sec. 17-3. - Public library board.
31
32 (a) There is hereby created a public library board, which shall consist of not less than
33 seven (7) nine (9) nor more than thirteen (13) fifteen (15) members. The members of
34 the board shall be appointed by the city council for terms of four (4) years. Two (2)
35 members shall be high school students (a junior and a senior), whose terms shall
36 expire upon their graduation from high school, and one (1) member shall be an
37 employee of the Virginia Beach City Public Schools. The board shall select from its
38 membership a chair and vice-chair.
39 (b) The public library board shall meet not less frequently than once every quarter(three
40 (3) months) and additionally, at the call of the chair or the director of public libraries.
41 The board shall be responsible for making recommendations to the council on all
42 phases of library planning, policy and management.
43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th
44 day of November , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
a oole Roderick R. Ingram
Public Libraries City Attomey's Office
CA15259
R-1
October 30, 2020
81
ITEM— VLJ.4
ORDINANCES/RESOLUTIONS
ITEM#70992
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT,Resolution to AUTHORIZE Twelfth Supplemental Master Water and Sewer Bond Resolution
of February 11, 1992 and AUTHORIZE the sale of up to$101-MILLION Refunding Bonds, Series of 2020
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
•
TWELFTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND
AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992,ENTITLED
"MASTER WATER AND SEWER REVENUE BOND RESOLUTION
PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR
MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS
OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY
SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE
AND SALE OF UP TO $101,000,000 IN AGGREGATE PRINCIPAL
AMOUNT OF ITS WATER AND SEWER SYSTEM REVENUE AND
REFUNDING BONDS, SERIES OF 2020, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING
OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND
SANITARY SEWER FACILITIES
WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the
"City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the
issuance from time to time of water and sewer revenue bonds to finance the cost of
improvements and extensions to its water and sanitary sewer system; and
WHEREAS, the Council has been advised that it would be advantageous for the City to
issue its (a) Water and Sewer System Revenue Bonds, Series of 2020A, in a maximum principal
amount of$45,600,000 (the "Series 2020A Bonds"), to finance the costs of the 2020 Project (as
hereinafter defined) and to pay costs of issuance and fund debt service reserves, and (b) Water
and Sewer System Refunding Revenue Bonds, Series of 2020B, in a maximum principal amount
of$51,110,000 (the "Series 2020B Bonds" and, collectively with the Series 2020A Bonds, the
"Series 2020 Bonds"), to obtain debt service savings by refunding the City's Water and Sewer
System Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding
Revenue Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding
Revenue Bonds, Series of 2010C(Tax-Exempt) (collectively, the "Refunded Bonds");
WHEREAS, the Council has previously adopted ordinances authorizing the City's
issuance of water and sewer system revenue bonds in principal amounts sufficient to permit the
issuance of the new Series 2020A Bonds;
WHEREAS, based upon the premises described above, the Council has determined that
it is desirable and in the best interests of the City to undertake the issuance of the Series 2020
Bonds for the purposes set forth above; and
WHEREAS, the City is not in default under the Master Resolution or in payment of the
principal of or interest on the Outstanding Bonds(as defined in the Master Resolution).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH,VIRGINIA:
CERTIFIED TO BE RUE COPY OF A RESOLUTION
ADOEFED BY T CITY COUNCIL OF THE CITY OF
VIR/ INIA B ,VIRGINIA,ON NOVEMBER 17,2020.
AMAND B NES,MMC
ARTICLE I
TWELFTH SUPPLEMENTAL RESOLUTION
Section 12.101 Twelfth Supplemental Resolution.
This Twelfth Supplemental Resolution is adopted pursuant to and in accordance with
Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the
Master Resolution shall apply with equal force and effect to each series of the Series 2020 Bonds
and to the holders thereof, except as otherwise provided herein.
Section 12.102 Meaning of Terms; Definitions.
All capitalized terms used herein and not defined either in this Section or elsewhere in
this Twelfth Supplemental Resolution (including the recitals hereto), shall have the meanings
ascribed to such terms in the Master Resolution. The following terms shall have the following
meanings in this Twelfth Supplemental Resolution.
"2020 Project" shall have the meaning set forth in Article II.
"DTC" shall mean The Depository Trust Company, New York, New York, a securities
depository, as holder of the Series 2020 Bonds, or its successors or assigns in such capacity.
"Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose
receipts with respect to the Series 2020 Bonds over (b) the future value of all nonpurpose
payments with respect to the Series 2020 Bonds, in each case calculated under Section 12.503
pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage
required to be rebated to the United States of America under Section 148 of the Code.
"Rebate Amount Certificate" shall have the meaning set forth in Section 12.503.
"Refunded Bonds" shall mean, collectively, the City's Water and Sewer System
Revenue Bonds, Series of 2010A-2 (Taxable), Water and Sewer System Refunding Revenue
Bonds, Series of 2010B (Tax-Exempt), and Water and Sewer System Refunding Revenue Bonds,
Series of 2010C (Tax-Exempt).
"Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., as paying
agent and bond registrar for the Series 2020 Bonds.
"Series 2020 Bonds" shall mean, collectively, the Series 2020A Bonds and the Series
2020B Bonds.
"Series 2020A Bonds" shall mean the City's Water and Sewer System Revenue Bonds,
Series of 2020A, in the amounts to be issued in accordance with the provisions of Article III.
"Series 2020B Bonds" shall mean the City's Water and Sewer System Refunding
Revenue Bonds, Series of 2020B, in the amounts to be issued in accordance with the provisions
of Article III.
2
"Twelfth Supplemental Resolution" shall mean this Twelfth Supplemental Resolution,
which supplements the Master Resolution.
Section 12.103 Reference to Articles and Sections
Unless otherwise indicated, all references herein to particular articles or sections are
references to articles or sections of this Twelfth Supplemental Resolution.
ARTICLE II
2020 PROJECT
Section 12.201 Authorization of 2020 Project.
The Council has authorized certain acquisitions, improvements, extensions, additions and
replacements to the System (as defined in the Master Resolution) as part of the approved capital
improvement program of the City, and further authorizes the 2020 Project, which shall include
the payment of the Costs of any such projects, or reimbursements of the same for which the
Council has adopted official intent resolutions, together with costs of issuance and the funding of
debt service reserves (collectively, the "2020 Project").
ARTICLE III
ISSUANCE AND SALE OF SERIES 2020 BONDS
Section 12.301 Issuance and Sale of Series 2020 Bonds.
The City hereby provides for the issuance of water and sewer system revenue bonds in a
principal amount up to $101,000,000, the bonds specifically being sold in the aggregate principal
amount of $96,710,000 and consisting of the City's (a) Water and Sewer System Revenue
Bonds, Series of 2020A (the "Series 2020A Bonds"), in the principal amount of$45,600,000, the
proceeds of which shall be used to pay the Cost of the 2020 Project; and (b) Water and Sewer
System Refunding Revenue Bonds, Series of 2020B (the"Series 2020B Bonds"), in the principal
amount of $51,110,000 (the "Series 2020B Bonds"), the proceeds of which shall be used to
refund the Refunded Bonds. All such Series 2020 Bonds shall constitute Bonds, as defined in
the Master Resolution.
Section 12.302 Details of Series 2020 Bonds.
(a) Subject to the provisions of paragraph (e)below, the Series 2020A Bonds shall be
designated as the "Water and Sewer System Revenue Bonds, Series of 2020A," shall be
numbered RA-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed
$45,600,000, shall bear interest at rates, payable semiannually on such dates and shall mature in
installments on such dates and in years and amounts, all as determined by the City Manager to be
in the best interest of the City.
(b) Subject to the provisions of paragraph (e) below, the Series 2020B Bonds shall be
designated as the "Water and Sewer System Refunding Revenue Bonds, Series of 2020B," shall
3
be numbered RB-1 upward, shall be dated, shall be in an aggregate principal amount not to
exceed $51,110,000, shall bear interest at rates, payable semiannually on such dates and shall
mature in installments on such dates and in years and amounts, all as determined by the City
Manager to be in the best interest of the City
(c) Principal of the Series 2020 Bonds and the premium, if any, thereon shall be
payable to the holders upon the surrender of such Bonds at the principal corporate trust office of
the Registrar. Interest on the Series 2020 Bonds shall be payable by check or draft mailed to the
holders as of the 15th day of the month prior to each interest payment date, at their addresses as
they appear on the registration books kept by the Registrar.
(d) Except as otherwise provided herein, the Series 2020 Bonds shall be payable,
executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master
Resolution.
(e) The Series 2020 Bonds shall be sold by competitive bid, and the City Manager
shall receive bids for the Series 2020 Bonds and award each series of the Series 2020 Bonds to
the bidder providing the lowest "true" or "Canadian" interest cost for such series, subject to the
following limitations. Each series of the Series 2020 Bonds shall, and it is confirmed that they
will, (a)have a per annum true interest cost not exceeding 3.50% (taking into account any
original issue discount or premium), calculated independently for each series, (b)be sold at a net
price of not less than 100% of the aggregate principal amount thereof, and (c) mature no later
than October 1, 2045.
Section 12.303 Book Entry System.
Initially, one Series 2020 Bond certificate for each maturity will be issued to DTC, which
is designated as the securities depository for the Series 2020 Bonds, or its nominee, and
immobilized in its custody. Beneficial owners of the Series 2020 Bonds will not receive physical
delivery of the Series 2020 Bonds. So long as DTC is acting as securities depository for the
Series 2020 Bonds, a book entry system shall be employed, evidencing ownership of the Series
2020 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial
ownership effected on the records of DTC and its participants pursuant to rules and procedures
established by DTC and its participants. Interest on the Series 2020 Bonds shall be payable in
clearinghouse funds to DTC or its nominee as registered owner of the Series 2020 Bonds.
Principal, premium, if any, and interest shall be payable in lawful money of the United States of
America by the Registrar.
Transfer of principal and interest payments to participants of DTC shall be the
responsibility of DTC; transfer of principal and interest payments to beneficial owners by
participants of DTC will be the responsibility of such participants and other nominees of
beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining,
supervising or reviewing the records maintained by DTC, its participants or persons acting
through such participants.
In the event that (a) DTC determines not to continue to act as securities depository for the
Series 2020 Bonds by giving notice to the City and the Registrar discharging its responsibilities
4
hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its
duties or that continuation with DTC as securities depository is not in the best interest of the
City, or (c) the Registrar or the City determines that continuation of the book entry system of
evidencing ownership and transfer of ownership of the Series of 2020 Bonds is not in the best
interest of the City or the beneficial owners of the Series 2020 Bonds, the Registrar and the City
shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify
another qualified securities depository to replace DTC, the Registrar shall authenticate and
deliver replacement bonds in the form of fully registered certificates to the beneficial owners or
to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in
Appendix A or Appendix B, as applicable, with such variations, omissions or insertions as are
necessary or desirable in the delivery of replacement certificates in printed form. The Series
2020 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master
Resolution.
So long as DTC is the securities depository for the Series 2020 Bonds (a) it shall be the
registered owner of the Series 2020 Bonds, (b) transfers of ownership and exchanges shall be
effected on the records of DTC and its participants pursuant to rules and procedures established
by DTC and its participants, and (c) references in this Twelfth Supplemental Resolution to
holders of the Series 2020 Bonds shall mean DTC or its nominee and shall not mean the
beneficial owners of the Series 2020 Bonds.
Section 12.304 Registrar.
The selection of The Bank of New York Mellon Trust Company, N.A. as paying agent
and bond registrar for the Series 2020 Bonds is approved.
Section 12.305 Form of Series 2020 Bonds.
(a) The Series 2020A Bonds shall be in substantially the form set forth in
Appendix A with such variations, omissions and insertions as may be necessary to set forth the
details thereof pursuant to Article II of the Master Resolution and Article III hereof.
(b) The Series 2020B Bonds shall be in substantially the form set forth in Appendix B
with such variations, omissions and insertions as may be necessary to set forth the details thereof
pursuant to Article II of the Master Resolution and Article III hereof
Section 12.306 Security for Series 2020 Bonds.
The Series 2020 Bonds shall be issued pursuant to the Master Resolution and this Twelfth
Supplemental Resolution and shall be equally and ratably secured under and to the extent
provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued
under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity
Debt Service Components that may be incurred, without preference, priority or distinction of any
obligations over any other obligations.
Section 12.307 Application of Proceeds.
The proceeds of the Series 2020 Bonds shall be applied as follows:
5
(a) The proceeds of the Series 2020A Bonds (after netting any original issue premium
or discount and deducting the applicable underwriting discount) shall be applied as follows:
(i) If other City funds are not utilized for such purpose, the amount of Series
2020 Bond proceeds necessary, together with amounts on deposit in the Debt Service
Reserve Fund, to equal the total Debt Service Reserve Requirement for all Series of
Bonds, shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve
Fund; and
(ii) The balance of the proceeds shall be retained by the City and deposited in
a General Account in the Construction Fund to be used to pay the Cost of the 2020
Project and to pay expenses incident to issuing the Series 2020 Bonds.
(b) The proceeds of the Series 2020B Bonds (after netting any original issue premium
or discount and deducting the applicable underwriting discount) shall be applied to pay the
principal of and accrued interest on the Refunded Bonds on their optional redemption date of
November 23, 2020, by depositing the same with The Bank of New York Trust Company, N.A.,
as escrow agent under an Escrow Agreement dated October 22, 2020 between the City and such
escrow agent.
ARTICLE IV
REDEMPTION OF SERIES 2020 BONDS
Section 12.401 Optional Redemption Provisions.
The Series 2020 Bonds may be subject to redemption prior to maturity at the option of
the City on or after dates, if any, determined and agreed upon by the City Manager, in whole or
in part at any time at redemption prices equal to no greater than 100% of the principal amount of
the Series 2020 Bonds, together with any accrued interest to the redemption date.
Section 12.402 [Reserved].
Section 12.403 Selection of Series 2020 Bonds for Redemption.
If less than all of the Series 2020 Bonds of a Series are called for redemption, the Series
2020 Bonds of a Series to be redeemed shall be selected in such manner as the City Manager or
the chief financial officer of the City may determine to be in the best interest of the City.
If less than all of the Series 2020 Bonds of a particular maturity are called for
redemption, the Series 2020 Bonds to be redeemed shall be selected by DTC or any successor
securities depository pursuant to its rules and procedures or, if the book entry system is
discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its
discretion may determine.
The portion of any Series 2020 Bond to be redeemed shall be in the principal amount of
$5,000 or some multiple thereof. In selecting Series 2020 Bonds for redemption, each Series
2020 Bond shall be considered as representing that number of Series 2020 Bonds which is
6
obtained by dividing the principal amount of such Series 2020 Bond by $5,000. If a portion of a
Series 2020 Bond shall be called for redemption, a new Series 2020 Bond in principal amount
equal to the unredeemed portion thereof shall be issued to the registered owner upon the
surrender thereof
Section 12.404 Notice of Redemption.
(a) The Registrar shall send notice of the call for redemption identifying the Series
2020 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to
the redemption date, (1) by facsimile or electronic transmission, registered or certified mail or
overnight express delivery, to the holder of each Series 2020 Bond to be redeemed at his address
as it appears on the registration books kept by the Registrar, (2)by facsimile or electronic
transmission, registered or certified mail or overnight express delivery, to all organizations
registered with the Securities and Exchange Commission as securities depositories, and (3) to the
Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities
Rulemaking Board) or any other nationally recognized municipal securities information
repository designated as such by the Securities and Exchange Commission.
(b) In the case of an optional redemption, the notice may state that (1) it is
conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect
the redemption, with an escrow agent no later than the redemption date or (2) the City retains the
right to rescind such notice on or prior to the scheduled redemption date (in either case, a
"Conditional Redemption"), and such notice and optional redemption shall be of no effect if such
moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional
Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall
give prompt notice of such rescission to the affected Series 2020 Bondholders. Any Series 2020
Bonds subject to Conditional Redemption where redemption has been rescinded shall remain
Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a
Conditional Redemption, the failure of the City to make funds available on or before the
redemption date shall not constitute an Event of Default, and the Registrar shall give immediate
notice to all organizations registered with the Securities and Exchange Commission as securities
depositories or the affected Series 2020 Bondholders that the redemption did not occur and that
the Series 2020 Bonds called for redemption and not so paid remain outstanding.
ARTICLE V
FEDERAL TAX PROVISIONS
Section 12.501 Limitation of Use of Proceeds.
The City covenants with the holders of the Series 2020 Bonds as follows:
(a) The City shall not take or omit to take any action or make any investment or use
of the proceeds of any Series 2020 Bonds (including failure to spend the same with due
diligence) the taking or omission of which would cause the Series 2020 Bonds of any Series to
be "arbitrage bonds"within the meaning of Section 148 of the Code, including without limitation
participating in any issue of obligations that would cause the Series 2020 Bonds of any Series to
7
be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury
Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series
2020 Bonds of any Series to be includable in the gross income of the registered owners under
existing law. Without limiting the generality of the foregoing, the City shall comply with any
provision of law that may require the City at any time to rebate to the United States of America
any part of the earnings derived from the investment of gross proceeds of the Series 2020 Bonds.
(b) The City shall not permit the proceeds of the Series 2020 Bonds or the facilities to
be financed with such proceeds to be used in any manner that would result in either (1) 5% or
more of such proceeds or the facilities being financed with such proceeds being considered as
having been used in any trade or business carried on by any person other than a governmental
unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities
being financed with such proceeds being used with respect to any "output facility" (other than a
facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or
(3) 5% or more of such proceeds being considered as having been used directly or indirectly to
make or finance loans to any person other than a governmental unit, as provided in
Section 141(c) of the Code.
(c) The City shall not take any other action that would adversely affect, and shall take
all action within its power necessary to maintain, the exclusion of interest on all Series 2020
Bonds from gross income for federal income taxation purposes; provided, however, that if the
City receives an opinion of Bond Counsel that compliance with any such covenant is not
required to prevent the interest on the Series 2020 Bonds from being includable in the gross
income of the registered owners thereof under existing law, the City need not comply with such
restriction.
Section 12.502 Rebate Requirement.
The City shall determine and pay, from any legally available source, the Rebate Amount,
if any, to the United States of America, as and when due, in accordance with the "rebate
requirement" described in Section 148(f) of the Code and retain records of all such
determinations until six years after payment in full of the Series 2020 Bonds.
Section 12.503 Calculation and Payment of Rebate Amount.
(a) The City selects October 1 as the end of the bond year with respect to the Series
2020 Bonds pursuant to Treasury Regulation Section 1.148-1.
(b) Within 30 days after the initial installment computation date, the last day of the
fifth bond year, unless such date is changed by the City prior to the date that any amount with
respect to the Series 2020 Bonds is paid or required to be paid to the United States of America as
required by Section 148 of the Code, and at least once every five years thereafter, the City shall
cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the
United States of America as required by Section 148 of the Code, such computation (the "Rebate
Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a
person with experience in matters of governmental accounting for Federal income tax purposes
or(2) a bona fide arbitrage rebate calculation reporting service.
8
(c) Not later than 60 days after the initial installment computation date, the City shall
pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate
Amount Certificate prepared with respect to such installment computation date. At least once on
or before 60 days after the installment computation date that is the fifth anniversary of the initial
installment computation date and on or before 60 days every fifth anniversary date thereafter
until final payment in full of the Series 2020 Bonds, the City shall pay to the United States of
America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the
most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore
made to the United States of America pursuant to this Section. On or before 60 days after final
payment in full of the Series 2020 Bonds, the City shall pay to the United States of America the
amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate
with respect to the date of final payment in full of the Series 2020 Bonds exceeds the aggregate
of all payments theretofore made pursuant to this Section. All such payments shall be made by
the City from any legally available source.
(d) Notwithstanding any provision of this Article to the contrary, no such calculation
or payment shall be made if the City receives an opinion of Bond Counsel to the effect that
(1) such payment is not required under the Code in order to prevent the Series 2020 Bonds from
becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment
should be calculated and paid on some alternative basis under the Code, and the City complies
with such alternative basis.
ARTICLE VI
AMENDMENTS TO MASTER RESOLUTION
Section 12.601 Effective Date of Amendments.
Notwithstanding anything herein to the contrary, pursuant to Section 1102 of the Master
Resolution, the amendments provided in this Article shall be effective only upon the consent of
the holders of a majority in aggregate principal amount of Bonds then Outstanding. The initial
holders of the Series 2020 Bonds by their purchase thereof shall be deemed to have consented to
the amendments provided in this Article.
Section 12.602 Notice of Amendments to Bondholders.
The City previously received the consent of the initial holders of its $89,425,000 Water
and Sewer System Revenue and Refunding Bonds, Series of 2016, to the amendments provided
in this Article (which also appeared in Article VI of the Eleventh Supplemental Resolution dated
May 3, 2016). With the issuance of the Series 2020 Bonds and the redemption of the Refunded
Bonds, not less than a majority in aggregate principal amount of the Outstanding Bonds shall
have consented to the amendments provided in this Article; therefore, the City shall cause the
"Notice to Bondholders" attached hereto as Appendix C to be sent by facsimile or electronic
transmission, registered or certified mail or overnight express delivery to the holders (the same
being DTC or its nominee, as stated in Section 12.303 above, so long as DTC is the securities
depository for the Series 2020 Bonds) of any then Outstanding Bonds other than those that have
previously provided consent, i.e., the $44,845,000 Water and Sewer System Revenue Bonds,
9
Series of 2013. The City shall also cause such Notice to Bondholders to be filed in electronic
format with the Municipal Securities Rulemaking Board for dissemination on its Electronic
Municipal Market Access (EMMA) System.
Section 12.603 Amendments to Take Effect Upon Bondholder Consent.
Section 604 of the Master Resolution is hereby amended and restated in its entirety to
read as follows:
"Section 604. Revenue Fund. The City shall collect and deposit all
Pledged Revenues in the Revenue Account of the Revenue Fund at least weekly.
Moneys in the Revenue Fund shall be used only in the manner and priority set
forth below. The City shall pay when due Operating Expenses from the Revenue
Account in accordance with the Annual Operating Budget. Provided that the City
shall retain at all times in the Revenue Account an amount equal to the estimated
amount of Operating Expenses for the next succeeding two months as provided in
the Annual Operating Budget, the City shall make the following transfers from
the Revenue Fund when required, in the following order of priority:
(a) to the Fiscal Agent for deposit in the Revenue Bond Fund, amounts
sufficient to make the following deposits:
(1) first, to the Interest Account in the Revenue Bond Fund, the
amount of interest, if any, due on each Series of Bonds; and
(2) then, to the Principal Account in the Revenue Bond Fund,
the amount of principal, if any, due on each Series of Bonds.
(b) to the Fiscal Agent for deposit in the Parity Double Barrel Bond
Fund, amounts sufficient to make the following deposits:
(1) first, to the Interest Account in the Parity Double Barrel
Bond Fund, the amount of interest, if any, due on each issue of Parity
Double Barrel Bonds; and
(2) then, to the Principal Account in the Parity Double Barrel
Bond Fund, the amount of principal, if any, due on each issue of Parity
Double Barrel Bonds or Parity Double Barrel Term Bonds.
(c) to the Fiscal Agent for deposit in the Parity Debt Service
Component Fund, the amount, if any, due on any Parity Debt Service Component;
(d) to the Fiscal Agent for deposit in the Debt Service Reserve Fund,
the amount, if any, necessary to increase the amount on deposit in the Debt
Service Reserve Fund to the Debt Service Reserve Requirement;
(e) to the Subordinate Debt Fund the amount, if any, of principal of
and interest due on any Subordinate Debt;
10
(f) by July 31 of each Fiscal Year, in accordance with the City's
capital improvement program for such Fiscal Year, the annual amount budgeted
for deposit into the Renewal and Replacement Account (or such lesser amount if
the entire amount is not available in the Revenue Account, in which event the
balance shall be transferred from the Residual Account);
(g) by July 31 of each Fiscal Year, in accordance with the City's
capital improvement program for such Fiscal Year, the annual amount budgeted
for deposit into the Capital Improvement Account (or such lesser amount if the
entire amount is not available in the Revenue Account, in which event the balance
shall be transferred from the Residual Account); and
(h) by the August 15 following the end of each Fiscal Year, to the
Residual Account any amount remaining in the Revenue Account."
ARTICLE VII
MISCELLANEOUS
Section 12.701 Limitation of Rights.
With the exception of the rights herein expressly conferred, nothing expressed or
mentioned in or to be implied from this Twelfth Supplemental Resolution is intended or shall be
construed to give any person other than the parties hereto and the holders of the Series 2020
Bonds any legal or equitable right, remedy or claim under or in respect to this Twelfth
Supplemental Resolution or any covenant, condition or agreement herein contained, this Twelfth
Supplemental Resolution and all of the covenants, conditions and agreements hereof being
intended to be and being for the sole and exclusive benefit of the holders of the Series 2020
Bonds as herein provided.
Section 12.702 SNAP Investment.
The Council has received and reviewed the Information Statement (the "Information
Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia
("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract").
The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and
shall not be, in any way liable to the City in connection with SNAP, except as otherwise
provided in the Contract.
Section 12.703 Severability.
If any provision of this Twelfth Supplemental Resolution shall be held invalid by any
court of competent jurisdiction, such holding shall not invalidate any other provision hereof.
Section 12.704 Effective Date.
This Twelfth Supplemental Resolution shall take effect immediately.
11
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
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JJ
f.S.`. 1v.I
Finance Department Attorney's Office
CA15250
R-1
October 22, 2020
12
APPENDIX A
FORM OF SERIES 2020A BONDS
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange, or payment, and any certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
RA- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Water and Sewer System Revenue Bond,
Series of 2020A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
October 1, 20_ October 22, 2020 927749
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to
pay upon surrender hereof at the designated corporate trust office of The Bank of New York
Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as
hereinafter provided, to the registered owner hereof, or registered assigns or legal representative,
the principal sum stated above on the maturity date stated above, subject to prior redemption as
hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each
April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the
basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if
this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1
that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of
interest hereon is in default, in which case this Bond shall bear interest from the date to which
interest has been paid). Interest is payable by check or draft mailed to the registered owner
hereof at his address as it appears on the 15th day of the month preceding each interest payment
A-1
date on registration books kept by the Registrar. Principal, premium, if any, and interest are
payable in lawful money of the United States of America.
Notwithstanding any other provision hereof, this Bond is subject to a book entry system
maintained by The Depository Trust Company ("DTC") and the payment of principal and
interest, the providing of notices and other matters will be made as described in the City's
Blanket Letter of Representations to DTC.
This Bond is one of an issue of$45,600,000 Water and Sewer System Revenue Bonds,
Series of 2020A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of
interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and
resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as
previously supplemented and as supplemented and amended by a resolution adopted on
September 15, 2020 (collectively, the "Resolution"), and the Constitution and statutes of the
Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to
provide funds, together with other available funds, to pay the cost of the acquisition and
construction of improvements and extensions to the City's water and sanitary sewer system (the
"System"), as more fully described in the Resolution.
The Bonds and the premium, if any, and the interest thereon are limited obligations of the
City and are payable solely from the revenues to be derived from the ownership or operation of
the System, as the same may from time to time exist, except to the extent payable from the
proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves,
income from investments pursuant to the Resolution or proceeds of insurance, which revenues
and other moneys have been pledged as described in the Resolution to secure payment thereof.
The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues
pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to
create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth
of Virginia or of any county, city, town or other political subdivision of the Commonwealth,
including the City.
The Bonds are issued under and are equally and ratably secured on a parity with the
unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of
2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016,
and (iii) $51,110,000 Water and Sewer System Refunding Revenue Bonds, Series of 2020B
(collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby
made to the Resolution and all amendments and supplements thereto for a description of the
provisions, among others, with respect to the nature and extent of the security, the rights, duties
and obligations of the City, the rights of the holders of the Bonds and the terms upon which the
Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity
Bonds may be issued on the terms provided in the Resolution.
The Bonds maturing on and after October 1, 2031, are subject to redemption beginning
October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price
equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid
to the redemption date.
A-2
If less than all the Bonds are called for redemption, the maturities of the Bonds to be
redeemed shall be selected in such manner as the City Manager or the chief financial officer of
the City may determine to be in the best interest of the City. If less than all of the Bonds of any
maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any
successor securities depository pursuant to its rules and procedures or, if the book entry system is
discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its
discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in
the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for
redemption, each portion of $5,000 principal amount shall be counted as one bond for this
purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal
to the unredeemed portion thereof will be issued to the registered owner upon the surrender
hereof
The Registrar will cause notice of the call for redemption identifying the Bonds or
portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption
date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express
delivery, to the holder of each Bond to be redeemed at his address as it appears on the
registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or
certified mail or overnight express delivery, to all organizations registered with the Securities
and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market
Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any
other nationally recognized municipal securities information repository designated as such by the
Securities and Exchange Commission.
Provided funds for their redemption are on deposit at the place of payment on the
redemption date, all Bonds or portions thereof so called for redemption shall cease to bear
interest on such date, shall no longer be secured as set forth in the Resolution and shall not be
deemed to be outstanding under the provisions of the Resolution.
The registered owner of this Bond shall have no right to enforce the provisions of the
Resolution or to institute action to enforce the covenants therein or to take any action with
respect to any Event of Default under the Resolution or to institute, appear in or defend any suit
or other proceedings with respect thereto, except as provided in the Resolution. Modifications or
alterations of the Resolution, or of any supplement thereto, may be made only to the extent and
in the circumstances permitted by the Resolution.
The Registrar shall treat the registered owner as the person exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person shown as owner
on the 15th day of the month preceding each interest payment date.
All acts, conditions and things required to happen, exist or be performed precedent to and
in the issuance of this Bond have happened, exist and have been performed.
This Bond shall not be valid or be entitled to any security or benefit under the Resolution
until the Registrar shall have executed the Certificate of Authentication appearing hereon and
inserted the date of authentication hereon.
A-3
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond
to be signed by the manual signature of its Mayor, to be countersigned by the manual signature
of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia
A-4
CERTIFICATE OF AUTHENTICATION
Date Authenticated: October 22, 2020
This Bond is one of the Bonds described in the within-mentioned Resolution.
THE BANK OF NEW YORK MELLON
TRUST COMPANY,N.A., Registrar
By
Authorized Signature
A-5
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(please print or typewrite name and address including zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE
•
the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and
appointing
Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner)
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company, NOTICE: The signature above must
Securities Broker/Dealer, Credit Union correspond with the name of the
or Savings Association who is a member registered owner as it appears on the
of a medallion program approved by The front of this bond in every particular,
Securities Transfer Association, Inc. without alteration or enlargement or any
change whatsoever.
A-6
APPENDIX B
FORM OF SERIES 2020B BONDS
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange, or payment, and any certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
RB- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Water and Sewer System Revenue Refunding Bond,
Series of 2020B
INTEREST RATE MATURITY DATE DATED DATE CUSIP
°A) October 1, 20_ October 22, 2020 927749
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to
pay upon surrender hereof at the designated corporate trust office of The Bank of New York
Mellon Trust Company, N.A. (the "Registrar"), or its successor, solely from the source and as
hereinafter provided, to the registered owner hereof, or registered assigns or legal representative,
the principal sum stated above on the maturity date stated above, subject to prior redemption as
hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each
April 1 and October 1, beginning April 1, 2021, at the annual rate stated above, calculated on the
basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if
this Bond is authenticated prior to April 1, 2021, or (b) otherwise from the April 1 or October 1
that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of
interest hereon is in default, in which case this Bond shall bear interest from the date to which
interest has been paid). Interest is payable by check or draft mailed to the registered owner
hereof at his address as it appears on the 15th day of the month preceding each interest payment
B-1
date on registration books kept by the Registrar. Principal, premium, if any, and interest are
payable in lawful money of the United States of America.
Notwithstanding any other provision hereof, this Bond is subject to a book entry system
maintained by The Depository Trust Company ("DTC") and the payment of principal and
interest, the providing of notices and other matters will be made as described in the City's
Blanket Letter of Representations to DTC.
This Bond is one of an issue of $51,110,000 Water and Sewer System Refunding
Revenue Bonds, Series of 2020B (the "Bonds"), of like date and tenor, except as to number,
denomination, rate of interest, privilege of redemption and maturity, authorized and issued
pursuant to ordinances and resolutions adopted by the City Council including a resolution
adopted on February 11, 1992, as previously supplemented and as supplemented and amended
by a resolution adopted on September 15, 2020 (collectively, the "Resolution"), and the
Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the
Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost
of refunding certain prior bonds, as more fully described in the Resolution.
The Bonds and the premium, if any, and the interest thereon are limited obligations of the
City and are payable solely from the revenues to be derived from the ownership or operation of
the System, as the same may from time to time exist, except to the extent payable from the
proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves,
income from investments pursuant to the Resolution or proceeds of insurance, which revenues
and other moneys have been pledged as described in the Resolution to secure payment thereof.
The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues
pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to
create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth
of Virginia or of any county, city, town or other political subdivision of the Commonwealth,
including the City.
The Bonds are issued under and are equally and ratably secured on a parity with the
unpaid balance of the City's (i) $44,845,000 Water and Sewer System Revenue Bonds, Series of
2013, (ii) $89,425,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2016,
and (iii) $45,600,000 Water and Sewer System Revenue Bonds, Series of 2020A (collectively,
the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the
Resolution and all amendments and supplements thereto for a description of the provisions,
among others, with respect to the nature and extent of the security, the rights, duties and
obligations of the City, the rights of the holders of the Bonds and the terms upon which the
Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity
Bonds may be issued on the terms provided in the Resolution.
The Bonds maturing on and after October 1, 2031, are subject to redemption beginning
October 1, 2030, in whole or in part at any time, at the option of the City, at a redemption price
equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid
to the redemption date.
B-2
If less than all the Bonds are called for redemption, the maturities of the Bonds to be
redeemed shall be selected in such manner as the City Manager or the chief financial officer of
the City may determine to be in the best interest of the City. If less than all of the Bonds of any
maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any
successor securities depository pursuant to its rules and procedures or, if the book entry system is
discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its
discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in
the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for
redemption, each portion of $5,000 principal amount shall be counted as one bond for this
purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal
to the unredeemed portion thereof will be issued to the registered owner upon the surrender
hereof.
The Registrar will cause notice of the call for redemption identifying the Bonds or
portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption
date, (1)by facsimile or electronic transmission, registered or certified mail or overnight express
delivery, to the holder of each Bond to be redeemed at his address as it appears on the
registration books kept by the Registrar, (2)by facsimile or electronic transmission, registered or
certified mail or overnight express delivery, to all organizations registered with the Securities
and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market
Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any
other nationally recognized municipal securities information repository designated as such by the
Securities and Exchange Commission.
Provided funds for their redemption are on deposit at the place of payment on the
redemption date, all Bonds or portions thereof so called for redemption shall cease to bear
interest on such date, shall no longer be secured as set forth in the Resolution and shall not be
deemed to be outstanding under the provisions of the Resolution.
The registered owner of this Bond shall have no right to enforce the provisions of the
Resolution or to institute action to enforce the covenants therein or to take any action with
respect to any Event of Default under the Resolution or to institute, appear in or defend any suit
or other proceedings with respect thereto, except as provided in the Resolution. Modifications or
alterations of the Resolution, or of any supplement thereto, may be made only to the extent and
in the circumstances permitted by the Resolution.
The Registrar shall treat the registered owner as the person exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person shown as owner
on the 15th day of the month preceding each interest payment date.
All acts, conditions and things required to happen, exist or be performed precedent to and
in the issuance of this Bond have happened, exist and have been performed.
This Bond shall not be valid or be entitled to any security or benefit under the Resolution
until the Registrar shall have executed the Certificate of Authentication appearing hereon and
inserted the date of authentication hereon.
B-3
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond
to be signed by the manual signature of its Mayor, to be countersigned by the manual signature
of its Clerk, its seal to be impressed hereon, and this Bond to be dated the Dated Date.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia
B-4
CERTIFICATE OF AUTHENTICATION
Date Authenticated: October 22, 2020
This Bond is one of the Bonds described in the within-mentioned Resolution.
THE BANK OF NEW YORK MELLON
TRUST COMPANY,N.A., Registrar
By
Authorized Signature
B-5
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(please print or typewrite name and address including zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE
•
•
the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and
appointing
Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner)
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company, NOTICE: The signature above must
Securities Broker/Dealer, Credit Union correspond with the name of the
or Savings Association who is a member registered owner as it appears on the
of a medallion program approved by The front of this bond in every particular,
Securities Transfer Association, Inc. without alteration or enlargement or any
change whatsoever.
B-6
APPENDIX C
NOTICE TO BONDHOLDERS
NOTICE OF AMENDMENT TO MASTER RESOLUTION
CITY OF VIRGINIA BEACH, VIRGINIA
Water and Sewer System Revenue and Refunding Bonds, Series of 2013
ICUSIPS &Maturities]
The Bank of New York is Bond Registrar for the above-captioned bonds (the "Bonds"),
which were issued under a Master Resolution adopted by the City Council (the "City Council")
of the City of Virginia Beach, Virginia (the "City"), on February 11, 1992, as previously
supplemented and amended (the "Master Resolution"). The purpose of this Notice is to notify
Bondholders that the Master Resolution has been amended. Capitalized terms used and not
defined herein shall have the meanings ascribed to them in the Master Resolution.
The amendments to the Master Resolution provide that (i) interest and principal payments
on each Series of Bonds and Parity Obligations will be transferred from the Revenue Account to
the respective Bond Debt Service Account on their due date, rather than transferred to those
accounts in fractional amounts on a monthly basis throughout the year, (ii) deposits to the
Renewal and Replacement Account will be made by July 31 of each Fiscal Year in the full
amount budgeted by the City in accordance with its capital improvement program for such Fiscal
Year, rather than a fixed amount of$2,000,000 to be restored in fractional amounts over a twelve
month period, (iii) deposits to the Capital Improvement Account will be made by July 31 of each
Fiscal Year, rather than on the 25th day of the first full month after the City Council's approval
of the capital improvement program, and (iv) deposits to the Residual Account will be made by
the August 15 following the end of each Fiscal Year, rather than on the 25th day of the last
month of such Fiscal Year.
A copy of the Master Resolution and the amendments may be obtained from the Clerk of
the City upon written request (addressed to the attention of the Department of Finance,
Municipal Center, Virginia Beach, Virginia 23456), together with satisfactory evidence that the
requestor is a holder of a Bond.
No amendments were made to the terms of the Bonds. CUSIP Numbers are included
solely for the convenience of the Bondholders. Neither the City nor The Bank of New York
shall be responsible for the selection or use of the CUSIP Numbers, nor is any representation
made as to its correctness on any bond or as indicated in any notice.
THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A., as Registrar
Dated: October 23, 2020
C-1
82
ITEM— VLJ.5
ORDINANCES/RESOLUTIONS
ITEM#70993
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum
of Agreement re The Hampton Roads Regional Groundwater Mitigation Program
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY
3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT
4 PERTAINING TO THE HAMPTON ROADS REGIONAL
5 GROUNDWATER MITIGATION PROGRAM
6
7 WHEREAS, in August 1994, the Hampton Roads Planning District Commission
8 and its fifteen (15) member jurisdictions entered into an agreement establishing the
9 Regional Groundwater Mitigation Program (the "Program"); and
10
11 WHEREAS, the City of Virginia Beach has been a participant in the Program
12 since its inception; and
13
14 WHEREAS, the agreement will soon expire and must be renewed in order for the
15 Program to continue; and
16
17 WHEREAS, the purposes of the Program are to provide a mechanism by which
18 persons whose groundwater wells are adversely affected by drawdowns associated with
19 the operation of a public water supply system may seek mitigation of losses caused by
20 such drawdown and to establish an administrative framework used by local
21 governments in Hampton Roads to obtain technical analysis of requests by private
22 groundwater well owners for mitigation; and
23
24 WHEREAS, since its inception, the Program has been successful in
25 accomplishing its purposes; and
26
27 WHEREAS, it is in the best interests of the City and its groundwater well owners,
28 as well as the other participating localities and their respective groundwater well
29 owners, to continue the City's participation in the Program;
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33
34 That the City Manager is hereby authorized and directed to execute, on behalf of
35 the City, the Regional Ground Water Mitigation Program Administration Memorandum of
36 Agreement, a summary of the material terms of which is hereto attached.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day
of November , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY
Public Utilities Depart t ' Office
CA15159/R-1/October 23, 20271—
REGIONAL GROUND WATER MITIGATION PROGRAM
ADMINISTRATION MEMORANDUM OF AGREEMENT
SUMMARY OF MATERIAL TERMS
PURPOSE: Renew an agreement that establishes a process by which local
governments in Hampton Roads may obtain technical analyses related
to requests by private well owners for groundwater mitigation payments in
cases of well failures allegedly caused by pumping of groundwater wells
by localities
Provide a process for handling claims that localities' groundwater
withdrawals have caused private well failures
PARTIES: Cities: Chesapeake, Franklin, Hampton, Newport News, Norfolk,
Poquoson Portsmouth, Suffolk, Virginia Beach, Williamsburg
Counties: Gloucester, Isle of Wight, James City, Southampton, Surry,
York
Other: Hampton Roads Planning District Commission (HRPDC);
James City Service Authority
TERM: Five (5) years (through December 31, 2025).
COSTS: Program costs allocated on a pro-rata basis among the local
governments. Base allocation of $3,000 per local government, with
balance of annual costs allocated according to the local share of
regional population.
DUTIES:
HRPDC:
• Conduct technical analyses of the impacts of groundwater withdrawals upon
request of local governments to determine impacts of a ground water withdrawal.
• Develop recommendations for allocation of mitigation responsibilities among the
local governments. Provide reports documenting the results of technical analyses
to all signatory local governments, and to any mitigation panels that are convened.
• Provide other technical support to the signatory local governments for
other ground water analyses.
LOCALITIES:
• Serve as point of contact for aggrieved parties. Request mitigation analyses from
HRPDC following receipt of a claim, and provide available relevant data to the
HRPDC for use in analyses of mitigation claims.
• Provide timely technical review of the HRPDC analyses and conclusions.
• Establish the appropriate mitigation panels, in accordance with local mitigation plans,
to hear appeals of initial mitigation responsibility determinations.
REGIONAL GROUNDWATER MITIGATION PROGRAM ADMINISTRATION
MEMORANDUM OF AGREEMENT
WHEREAS, Section 15.2-1300 of the Code of Virginia enables local governments to
enter into cooperative agreements to exercise those powers that each may be enabled to
exercise, including conducting technical analyses to support such activities; and
WHEREAS, Section 15.2-4200 of the Code of Virginia enables local governments to
establish Planning District Commissions; and
WHEREAS, the cities and counties that are signatories to this Agreement have
acted, in accordance with Section 15.2-4200 of the Code of Virginia to establish the
Hampton Roads Planning District Commission; and
WHEREAS, several Localities in the Hampton Roads region operate groundwater
based water supply systems and
WHEREAS,the Hampton Roads Planning District Commission has been requested
and has undertaken various studies to support local government water supply
development, including groundwater resource management efforts; and
WHEREAS, on behalf of the signatory parties,the Hampton Roads Planning District
Commission, has contracted with the U.S. Geological Survey to complete various technical
analyses of the region's groundwater resources, including the following efforts:
• Development of a methodology for allocating responsibilities for groundwater
impacts, as documented in Michael J. Focazio and Gary K. Speiran, Estimating
Net Drawdown for Episodic Withdrawals at Six Well Fields in the Virginia Coastal
Plain Aquifers, U.S. Geological Survey, Water Resources Investigations Report
No. 93-4159, 1992;
• Refined description of the aquifer system of the Virginia Coastal Plain and a
hydrogeologic framework for ground-water investigation, as documented in
E. Randolph McFarland and T. Scott Bruce, The Virginia Coastal Plain
Hydrogeologic Framework, U.S. Geological Survey, Professional Paper 1731,
2006; and
• Development of the Virginia Coastal Plain Groundwater Model to provide a
better tool to understand the groundwater resource through simulation of
groundwater withdrawals, drought, and saltwater intrusion, as documented in
Charles E. Heywood and Jason P. Pope, Simulation of Groundwater Flow in the
Coastal Plain Aquifer System of Virginia, U.S. Geological Survey, Scientific
Investigations Report 2009-5039, 2009.
WHEREAS, the signatory parties have requested the Hampton Roads Planning
District Commission to administer a Regional Groundwater Mitigation Program, on their
behalf; and
1
WHEREAS, on August 11, 1994, the signatory parties entered into the Groundwater
Mitigation Program Administration Agreement; and
WHEREAS, on May 31, 2000, July 5, 2006, March 18, 2010, and July 21, 2016, the
signatory parties extended the Groundwater Mitigation Program Administration Agreement;
and
WHEREAS, in accordance with the provisions of the August 11, 1994 Agreement,as
extended on May 31, 2000, July 5, 2006, March 18, 2010, and July 21, 2016, the signatory
parties have evaluated the Groundwater Mitigation Program and determined that the
Program should be continued;
NOW THEREFORE, the signatory parties enter into the following Agreement.
This Memorandum of Agreement, entered into this XXS'day of XXXX, 2020 among
and between fifteen local governments in Hampton Roads, the James City Service
Authority, and the Hampton Roads Planning District Commission, establishes and extends
the Regional Groundwater Mitigation Program. It outlines the roles and responsibilities of
each entity in administering and funding the Regional Groundwater Mitigation Program.
BASIC PREMISES
1. Some local governments in Hampton Roads operate public water supply
wells inside and/or outside of their incorporated boundaries.
2. All local governments in Hampton Roads are interested in ensuring that
groundwater drawdown associated with the operation of public water supply
wells does not adversely impact the private wells of their citizens.
3. In the case where operation of a public water supply well causes or
contributes to groundwater drawdown that renders a well unusable, then
mitigation of damages attributable to that drawdown may be sought by the
well owner in accordance with local mitigation plans and agreements.
4. This Agreement establishes the administrative framework, which will be used
by the signatory parties to obtain technical analysis of requests for mitigation
by private well owners or other local governments in Hampton Roads.
Financial issues related to these requests are governed by existing
interjurisdictional agreements and state-approved Groundwater Mitigation
Plans that are separate and distinct from this Agreement.
5. This Agreement will have a term of five years, extending from January 1,
2021 through December 31, 2025. To conform to local government charter
and Virginia Code requirements, the funding provisions of this Agreement will
be subject to annual renewal.
2
6. Program costs will be allocated on a pro-rata basis among the signatory
parties. The annual base buy-in per city or county will be determined each
year as part of the HRPDC Directors of Utilities Committee budget planning
process. The balance of annual costs will be allocated according to the local
share of regional population. The most current estimate of population,
developed by the Weldon Cooper Center for Public Service, will be used as
the population base for allocating program costs. Local contributions may be
escalated annually to reflect program experience and projected HRPDC
expenditures. Future private sector and non-Hampton Roads local
government participation may provide financial support to the program
according to a yet-to-be-determined formula, which will reflect annual
program costs. The funding formula will be evaluated on a regular basis by
the HRPDC Directors of Utilities Committee and may be adjusted to ensure
its continued equitability.
HRPDC RESPONSIBILITIES
Under the terms of this Agreement, the Hampton Roads Planning District
Commission is responsible for the following:
1. Conduct technical analyses of the impacts of groundwater withdrawals.
2. Respond equitably and in a timely fashion to requests from all signatory
parties for analyses of the impacts of groundwater withdrawals. The time
frame for responses will be based on experience and the complexity of
individual cases.
3. Develop a technical guidance document to determine the allocation of impact
mitigation responsibilities among the signatory parties. From 1994 to 2015,
this determination was based on application of the superpositioning
methodology developed by the U.S. Geological Survey for the Hampton
Roads Planning District Commission. The methodology is described in
Michael J. Focazio and Gary K. Speiran, Estimating Net Drawdown for
Episodic Withdrawals at Six Well fields in the Virginia Coastal Plain Aquifers,
U.S. Geological Survey, Water Resources Investigation Report No.93-4159,
1992. Beginning in 2016, the HRPDC staff began to apply an analysis
approach using the U.S. Geological Survey Virginia Coastal Plain
Groundwater Model. The HRPDC technical guidance document will be
updated to address the use of the model and future model updates.
4. Provide report(s) documenting the results of the HRPDC technical
analysis(es) to all signatory parties.
3
5. In any case where an aggrieved party appeals a local government mitigation
determination, provide the HRPDC analysis to the mitigation panel,
established under the local government's mitigation plan. However, the
HRPDC will not serve as a member of the mitigation panel.
6. Provide other technical support, as requested, to the signatory parties for
other groundwater analyses, including support for development of local
groundwater withdrawal permit applications and review of other proposed
groundwater withdrawals which may impact on groundwater resources in the
Hampton Roads region.
7. On request, provide technical staff support, at cost, to signatory parties for
data collection (field work), required by that signatory party's permit or
mitigation plan, approved by the Virginia Department of Environmental
Quality (State Water Control Board).
8. Take steps, in conjunction with the signatory parties, to involve private sector
groundwater users in the Regional Groundwater Mitigation Program.
Administrative procedures and financial arrangements for private sector and
non-Hampton Roads local government participation will be developed in the
future, but will reflect the actual cost of the work.
LOCAL GOVERNMENT RESPONSIBILITIES
Under the terms of this Agreement, the signatory parties are responsible for the
following:
1. Serve as the initial point of contact for aggrieved parties. Request mitigation
analysis(es) from HRPDC in a timely fashion following receipt of a claim.
2. Provide any locally-generated/collected data on groundwater conditions and
well construction that may be useful to HRPDC technical analysis(es).
3. Provide, in a timely fashion, all technical supporting data required by
Mitigation Plans, approved by the Virginia Department of Environmental
Quality(State Water Control Board)as elements of Groundwater Withdrawal
Permits, to the HRPDC for use in analyses of mitigation claims.
4. Provide timely technical review of the HRPDC analysis(es)and conclusions.
5. Support HRPDC efforts to expand the mitigation program to cover all
groundwater uses.
6. Establish the appropriate mitigation panels, in accordance with local
mitigation plans, to hear appeals of initial mitigation responsibility
determinations.
4
PROCEDURE FOR REQUESTING MITIGATION ANALYSES
Under this Memorandum of Agreement, the following process will be followed to
request HRPDC technical support to address mitigation claims.
1. Aggrieved party contacts the locality of residence.
2. The local government contacts the HRPDC and requests that an impact
analysis be conducted. In addition,any signatory parties may request that an
impact analysis be undertaken.
3. The HRPDC conducts the analysis, as requested, and advises all signatory
parties of the results of the technical analysis(es).
4. This procedure may be modified from time to time with the concurrence of all
signatory parties, as represented by the HRPDC Directors of Utilities
Committee, in order to improve the efficiency of the mitigation process.
SIGNATORIES
This Memorandum of Agreement will be executed by the Chief Administrative Officer
of each participating local government or service authority and by the Executive Director of
the HRPDC. Individual signatory pages are included for each participating locality.
CITY OF CHESAPEAKE
CITY OF FRANKLIN
CITY OF HAMPTON
CITY OF NEWPORT NEWS
CITY OF NORFOLK
CITY OF POQUOSON
CITY OF PORTSMOUTH
CITY OF SUFFOLK
CITY OF VIRGINIA BEACH
CITY OF WILLIAMSBURG
COUNTY OF GLOUCESTER
COUNTY OF ISLE OF WIGHT
COUNTY OF SOUTHAMPTON
COUNTY OF YORK
JAMES CITY SERVICE AUTHORITY
TOWN OF SMITHFIELD
HAMPTON ROADS PLANING DISTRICT COMMISSION
5
IN WITNESS THEREOF, the Chief Administrative Officer of the local governments
and service authority and the Executive Director of the Hampton Roads Planning District
Commission hereby execute this Agreement.
CITY OF VIRGINIA BEACH
By:
Date:
Date:
Attest:
APPROVED AS TO CONTENT:
ri.4.v.±:71::::
Department of Public Uti '
83
ITEM— VLJ.6
ORDINANCES/RESOLUTIONS
ITEM#70994
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to RELEASE $30-Million for Capital Project #100291, "Operations Facility
Renovations"re renovations of Municipal Center Buildings 1,2 and 11
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
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84
ITEM— VI.J.7a
ORDINANCES/RESOLUTIONS
ITEM#70995
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management
Agency(FEMA) to the FY 2020-21 Fire Department Operating Budget:
a. $208,246 re reimbursement of cost for the deployment of the Virginia Task
Force 2 Urban Search and Rescue Team to assist areas impacted by the
Oregon Wildfires and Tropical Cyclones Laura and Marco
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDS FOR MOBILIZATIONS OF THE
3 VIRGINIA TASK FORCE 2 URBAN SEARCH AND
4 RESCUE TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $208,246 is hereby accepted from the U.S. Department of Homeland Security
10 Federal Emergency Management Agency and appropriated, with federal revenue
11 increased accordingly, to the FY 2020-21 Operating Budget of the Fire Department for
12 the reimbursement of costs related to the deployment of members of the Virginia Task
13 Force 2 Urban Search and Rescue Team for the Oregon Wildfires and Tropical Cyclones
14 Laura and Marco.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of November , 2020.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
It&
Budget & Management Services City A s Office
CA15248
R-1
October 29, 2020
85
ITEM— VI.J.7b
ORDINANCES/RESOLUTIONS
ITEM#70996
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management
Agency(FEMA) to the FY 2020-21 Fire Department Operating Budget:
b. $987,213 re Cooperative Agreement Grant that continues operation of the
Virginia Task Force 2 Urban Search and Rescue Team and AUTHORIZE
0.2 FTE
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDS FOR THE VIRGINIA TASK FORCE
3 2 URBAN SEARCH AND RESCUE TEAM AND TO
4 AUTHORIZE 0.2 FTE
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1) $987,213 is hereby accepted from the U.S. Department of Homeland Security
10 Federal Emergency Management Agency and appropriated, with federal
11 revenue increased accordingly, to the FY 2020-21 Operating Budget of the
12 Fire Department for the FY 2019-20 Cooperative Agreement Grant that
13 continues operation of the Virginia Task Force 2 Urban Search and Rescue
14 Team.
15
16 2) 0.2 FTE of grant-funded positions is hereby authorized for the duration of the
17 grant expenditure period and conditioned upon continued grant funding.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of November , 2020.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
Budget & Management Services o 's Office
CA15255
R-1
October 29, 2020
86
ITEM— VLJ.7c
ORDINANCES/RESOLUTIONS
ITEM#70997
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management
Agency(FEMA) to the FY 2020-21 Fire Department Operating Budget:
c. $13,464 (for the) FY 2018-19 and $83,833 (for the) FY 2017-18 re
Cooperative Agreement Grant that continues operation of the Virginia Task
Force 2 Urban Search and Rescue Team
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 SUPPLEMENTAL FEDERAL FUNDING FOR THE
3 VIRGINIA TASK FORCE 2 URBAN SEARCH AND
4 RESCUE TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1) $13,464 of supplemental funding is hereby accepted from U.S. Department of
10 Homeland Security Federal Emergency Management Agency and
11 appropriated, with federal revenue increased accordingly, to the FY 2020-21
12 Operating Budget of the Fire Department for the FY 2018-19 Cooperative
13 Agreement Grant that continues operation of the Virginia Task Force 2 Urban
14 Search and Rescue Team.
15
16 2) $83,833 of supplemental funding is hereby accepted from U.S. Department of
17 Homeland Security Federal Emergency Management Agency and
18 appropriated, with federal revenue increased accordingly, to the FY 2020-21
19 Operating Budget of the Fire Department for the FY 2017-18 Cooperative
20 Agreement Grant that continues operation of the Virginia Task Force 2 Urban
21 Search and Rescue Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10 t h day
Of November , 2020.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
c)(V-
Budget& Management Services i o s Office
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ITEM— VI.J.8
ORDINANCES/RESOLUTIONS
ITEM#70998
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $24,010 from the Department of Homeland
Security to the FY 2020-21 Fire Department Operating Budget re purchase of a tracking system and
personal protective equipment
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDS TO SUPPORT THE FIRE
3 DEPARTMENT'S MARINE TEAM
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $24,010 is hereby accepted from the U.S. Department of Homeland Security and
9 appropriated, with federal revenues increased accordingly, to the FY 2020-21 Operating
10 Budget of the Fire Department for the purchase of a tracking system and personal
11 protective equipment
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of November 2020.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
Budget & Management Services City 's Office
CA15245
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ITEM— VLJ.9
ORDINANCES/RESOLUTIONS
ITEM#70999
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE$1.8-Million from Fund Balance and AUTHORIZE a $1.1-
Million Grant to the Virginia Beach Community Development Corporation (VBCDC) and PROVIDE
$700,000 to the Virginia Beach Development Authority(VBDA)and REQUEST the City Auditor to include
annual audits of the VBCDC in the audit schedule for three (3)fiscal years
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO APPROPRIATE $1,800,000
2 FROM FUND BALANCE, TO AUTHORIZE A GRANT
3 OF $1,100,000 TO THE VIRGINIA BEACH
4 COMMUNITY DEVELOPMENT CORPORATION
5 (VBCDC), TO PROVIDE $700,000 TO THE CITY OF
6 VIRGINIA BEACH DEVELOPMENT AUTHORITY, AND
7 TO REQUEST THE CITY AUDITOR INCLUDE
8 ANNUAL AUDITS OF THE VBCDC IN THE AUDIT
9 SCHEDULE FOR THREE FISCAL YEARS
10
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA THAT:
13
14 1) $1,800,000 is hereby appropriated from the fund balance of the General Fund
15 from those amounts reserved for Pandemic Relief;
16
17 2) $1,100,000 is hereby authorized as a grant to the Virginia Beach Community
18 Development Corporation upon the terms set forth in Exhibit A, Summary of
19 Grant Terms;
20
21 3) $700,000 is hereby provided to the City of Virginia Beach Development
22 Authority for a loan to the Virginia Beach Community Development Corporation
23 upon the terms set forth in Exhibit B, Summary of Loan Terms;
24
25 4) The City Auditor is hereby requested to include in the annual audit schedule an
26 audit of the VBCDC in FY 20-21, FY 21-22, and FY 22-23.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of November , 2020.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
budget& Management Services City Attome ' Ice
CA15256
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October 29, 2020
EXHIBIT A: SUMMARY OF GRANT TERMS
CITY GRANT TO VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP.
Grantor: The City of Virginia Beach ("City")
Grantee: Virginia Beach Community Development Corporation ("VBCDC")
Grant Amount: $1,100,000
Source of Funds: Fund Balance (Pandemic Relief)
Use of Funds: Grantee to use all grant funds to pay down its line of credit.
City
Obligations: The City will make a grant to the VBCDC upon the terms provided
herein. Such amounts to be made available to the VBCDC within 30
days of execution of grant agreement.
VBCDC
Obligations: The VBCDC agrees to cooperate fully with annual audits by the City
Auditor for FY 20-21 , 21-22 and 22-23.
The VBCDC will commit to not acquiring or developing properties
outside the boundaries of the City of Virginia Beach.
EXHIBIT B: SUMMARY OF LOAN TERMS
AUTHORITY LOAN TO VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP.
Lender: The City of Virginia Beach Development Authority ("Authority")
Borrower: Virginia Beach Community Development Corporation
Loan Amount: Not to exceed $700,000
Term: Two (2) years
Interest Rate: 0%
Use of Funds: Borrower to use the funds to pay its balance on a line of credit.
Repayment
Terms: The loan will be repaid with the net proceeds (sales price less any
commissions or fees or required Federal repayments) from the sale of
three properties owned by VBCDC and located in the City of Norfolk.
Upon repayment of that amount, the balance of the loan will be forgiven
by the VBDA.
VBDA
Obligations: The Authority will not make the loan unless and until City Council
appropriates the Loan Amount to the Authority for the purposes stated
herein. VBDA will remit the repayment received from the borrower to
the City Treasurer within 15 business days of approval of such
repayment by the Board of the VBDA.
Special Terms: Borrower commits to the following:
Upon receipt of the loan from VBDA, it will pay the same amount toward
the TowneBank line of credit within 15 business days. Borrower will not
use its line of credit for operational costs. Borrower will make every
effort to secure a buyer for the three Norfolk properties and to seek a
sale that provides the highest possible net proceeds.
All sums will be immediately due and payable if the borrower has not
complied with the commitments and terms above.
89
ITEM— VI.J.10a
ORDINANCES/RESOLUTIONS
ITEM#71000
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE in Coronavirus Relief Funds to the FY 2020-21 Schools
Operating Budget:
a. $11,677,033 re eligible expenses such as supplemental staffing costs,
personal protective equipment,cleaning supplies,and technology to support
distance learning
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO APPROPRIATE $11,677,033 IN
2 CORONAVIRUS RELIEF FUNDS TO THE FY 2020-21
3 OPERATING BUDGET OF THE VIRGINIA BEACH
4 CITY PUBLIC SCHOOLS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
0 $11,677,033 in Federal Coronavirus Aid, Relief, and Economic Security (CARES)
10 Act Funding is hereby appropriated, with federal revenue increased accordingly, to the
11 Categorical Grants Fund of the Virginia Beach City Public Schools FY 2020-21 Operating
12 Budget to be used for eligible expenses such as supplemental staffing costs, personal
13 protective equipment, cleaning supplies, and technology to support distance learning.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of November , 2020.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
1\ C -t-kVIO"T
Budget & Management Services City A ey's Office
CA15257
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October 29, 2020
,At VI* .! VIRGINIA BEACH CITY PUBLIC SCHOOLS
•( CHARTING THE COURSE
School Board Services
Carolyn T. Rye, Chair Kimberly A. Melnyk,Vice Chair
District 5 - Lynnhaven District 7—Princess Anne
Beverly M. Anderson Daniel D. Edwards Sharon R. Felton
At-Large District 2—Kernpsville District 6— Beach
Dorothy M. Holtz Laura K. Hughes Victoria C. Manning
At-Large At-Large At-Large
Jessica L. Owens Trenace B. Riggs Carolyn D.Weems
District 3—Rose Hall District 1—Centerville District 4- Bayside
Aaron C. Spence, Ed.D., Superintendent
misemorm
Resolution Regarding Federal Coronavirus Relief Funds(CRF)Awarded to Virginia School
Divisions
WHEREAS,the Coronavirus Aid, Relief, and Economic Security(CARES) Act was signed into law on
March 27, 2020; and
WHEREAS, CRF awards were provided to states under the CARES Act and a portion is being made
available directly to school divisions to help cover costs in preparing for, responding to and
mitigating the impacts of the Novel Coronavirus Disease 2019 (COVID-19) pandemic; and
WHEREAS, CRF awards are intended for costs incurred related to COVID-19 in reopening and
operating public schools during the first months of the 2020-2021 school year; and
WHEREAS, CRF awards provided to school divisions are allocated based on a projected September
30, 2020 fall membership count (66,725.90 for Virginia Beach City Public Schools) and a per-pupil
amount of$175.00; and
WHEREAS, CRF awards will not be adjusted later for actual September 30, 2020 fall membership;
and
WHEREAS,Virginia Beach City Public Schools will receive a CRF allocation in the amount of
$11,677,033; and
WHEREAS,these funds were not appropriated to the School Board of the City of Virginia Beach in
the Fiscal Year 2020-2021 Budget Ordinance adopted by the City Council May 12, 2020; and
WHEREAS, the funding will support COVID-19 preparedness and response measures for the 2020-
2021 school year to include supplemental staffing costs, personal protective equipment (PPE),
cleaning supplies and technology to support distance learning; and
Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences
.1n.)f.e.,..,e e...,n.:.b I on D.,.an2Q I ‘R..,:... rnr zc
N
111.40, v.,
22 i
�t .\! VIRGINIA BEACH CITY PUBLIC SCHOOLS
W CHARTING THE COURSE
WHEREAS, the School Board of the City of Virginia Beach requests an additional appropriation of
$11,677,033 into the Categorical Grants fund to be used for expenditures incurred due to the
COVID-19 health emergency as permitted by the Virginia Department of Education; and
NOW,THEREFORE, BE IT
RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of
the CRF allocation as presented by the Administration; and be it
FURTHER RESOLVED: That the School Board requests that the City Council approve the
appropriation of funds for the CRF allocation in Fiscal Year 2020-2021; and be it
FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
member of City Council,the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 27th day of October 2020.
SEAL /
I/ s
Carolyn T. Rye, cool Board r
Attest:
------------
Regina M. Toneatto, Clerk of the Board
Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences
2512 Georoe Mason Drive I P.O.Rex 603R I Virginia Roark vvninia 934Sf,-nnxa
90
ITEM— VLJ.10b
ORDINANCES/RESOLUTIONS
ITEM#71001
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE in Coronavirus Relief Funds to the FY 2020-21 Schools
Operating Budget:
b. $1,634,662 re consistent with the intent of the Elementary and Secondary
School Emergency Relief Fund and Governor's Emergency Education
Relief Fund
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO APPROPRIATE $1,634,662 IN
2 FEDERAL FUNDING TO THE FY 2020-21 OPERATING
3 BUDGET OF THE VIRGINIA BEACH CITY PUBLIC
4 SCHOOLS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $1,634,662 in Federal Coronavirus Aid, Relief, and Economic Security (CARES)
10 Act Funding is hereby appropriated, with federal revenue increased accordingly, to the
11 Categorical Grants Fund of the FY 2020-21 Operating Budget of the Virginia Beach City
12 Public Schools for uses consistent with the intent of the Elementary and Secondary
13 School Emergency Relief Fund and Governor's Emergency Education Relief Fund.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10 t h day
of November , 2020.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY:
Budget & Management Services i A or 's Office
CA15258
R-1
October 29, 2020
tr1� .!
iVIRGINIA BEACH CITY PUBLIC SCHOOLS
CHARTING THE COURSE
School Board Services
Carolyn T. Rye, Chair Kimberly A. Melnyk, Vice Chair
District 5 - Lynnhaven District 7—Princess Anne
Beverly M. Anderson Daniel D. Edwards Sharon R. Felton
At-Large District 2— Kempsville District 6— Beach
Dorothy M. Holtz Laura K. Hughes Victoria C. Manning
At-Large At-Large At-Large
Jessica L. Owens Trenace B. Riggs Carolyn D. Weems
District 3 — Rose Hall District 1—Centerville District 4 - Bayside
Aaron C. Spence, Ed.D., Superintendent
Resolution Regarding the Federal Coronavirus Aid, Relief, and Economic Security(CARES)Act
Appropriation for State Set-Aside Awards Under the Elementary and Secondary School
Emergency Relief(ESSER) Fund and the Governor's Emergency Education Relief(GEER) Fund
WHEREAS,the Federal CARES Act was signed into law on March 27, 2020; and
WHEREAS, the CARES Act includes a$30.75 billion education stabilization fund with three components: an
Elementary and Secondary School Emergency Relief(ESSER) Fund,a Governor's Emergency Education Relief
(GEER) Fund,and a Higher Education Emergency Relief(HEER) Fund; and
WHEREAS,CARES Act State Set-Aside ESSER and GEER funds are for emergency relief and intended to
address the impact that the Novel Coronavirus Disease 2019 (COVID-19) has had, and continues to have, on
elementary and secondary schools across the nation;and
WHEREAS,CARES Act State Set-Aside ESSER and GEER funds were awarded through formula-based and
competitive grants to support various programs and activities; and
WHEREAS,Virginia Beach City Public Schools has been allocated ESSER funds in the amount of$397,953.86
and GEER funds in the amount of$1,236,708.00 for a total award of$1,634,661.86; and
WHEREAS,these funds were not appropriated to the School Board of the City of Virginia Beach in the Fiscal
Year 2020-2021 Budget Ordinance adopted by the City Council May 12, 2020; and
WHEREAS, examples of the proposed spending plan include offering additional tutoring for students with
disabilities; implementing a universal social-emotional screener; supporting remote learning through
education technology; purchasing cleaning and disinfecting supplies and equipment; and buying additional
personal protective equipment (PPE)for students, staff and visitors as appropriate for their risk exposure;
and
WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of
$1,634,661.86 into the Categorical Grants fund to be used for expenditures incurred due to the COVID-19
health emergency as permitted by the Virginia Department of Education; and
Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences
2512 George Mason Drive I P.O Box 6038 I Virginia Beach.Virginia 23456-0038 .
i� �,. VIRGINIA BEACH CITY PUBLIC SCHOOLS
CHARTING THE COURSE
NOW,THEREFORE, BE IT
RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the
CARES Act State Set-Aside ESSER and GEER funds as presented by the Administration; and be it
FURTHER RESOLVED: That the School Board requests that the City Council approve the appropriation of
CARES Act State Set-Aside ESSER and GEER funds in Fiscal Year 2020-2021; and be it
FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City
Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 27`h day of October 2020.
SEAL
I ,-,--_
Carolyn T. Rye,Sc I Board Cha
Attest:
Re Ina M.Toneatto, Clerk of the Board
Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences
2512 George Mason Drive I P.O.Box 6038 I Virainia Beach.Virainia 23456-0038 _ _ _ _ _
91
ITEM— VI.J.11
ORDINANCES/RESOLUTIONS
ITEM#71002
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER $246,158 within the FY 2020-21 Fire Department Operating
Budget from the 2017 FEMA Cooperative Agreement Grant re purchase equipment for the Virginia Task
Force 2 Team
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
1 AN ORDINANCE TO TRANSFER $246,158 WITHIN
2 THE FY 2020-21 OPERATING BUDGET OF THE FIRE
3 DEPARTMENT FOR VIRGINIA TASK FORCE 2
4 EQUIPMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $246,158 is hereby transferred within the FY 2020-21 Operating Budget of-the Fire
10 Department using the 2017 FEMA Cooperative Agreement Grant to purchase equipment
11 for the Virginia Task Force 2 Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10 t h day
of November , 2020.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
C\--Arktr7r4 ,4U-1
Budget& Management Services C` ttor y's Offi
CA15252
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October 29, 2020
92
ITEM— VLK
APPOINTMENTS
ITEM#71003
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:•
2040 VISION TO ACTION COMMUNITY COALITION
CLEAN COMMUNITY COMMISSION
COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HOUSING ADVISORY BOARD
INVESTIGATIVE REVIEW PANEL
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARIES BOARD
RESORT ADVISORY COMMISSION
TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
November 10, 2020
93
ITEM— VLK
APPOINTMENTS
ITEM#71004
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
ROBERT G.HOFHEIMER
(Public Library Board Member)
Three year term 11/10/2020—10/31//2023
COMMUNITY ORGANIZATION GRANT(COG)
REVIEW AND ALLOCATION COMMITTEE
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
94
ITEM— VLK
APPOINTMENTS
ITEM#71005
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
WILLL4M ALMOND
JASON BARNEY
ROBERT BOURDON
KAREN FORGET
One year term 11/10/2020-10/31/2021
GREEN RIBBON COMMITTEE
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
95
ITEM— VLK
APPOINTMENTS
ITEM#71006
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
LAUREN V.HECKELMAN
Unexpired Term thru 2/28/2023
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
96
ITEM— VLK
APPOINTMENTS
ITEM#71007
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
PATTY F. JARM
(Old Beach District Resident)
No Term
OLD BEACH DESIGN REVIEW COMMITTEE
Voting: 10-0
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, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
November 10, 2020
97
NEW BUSINESS
ITEM#71008
Mayor Dyer advised he and Council Member Wooten are working with the City Manager and have
reinstituted the African American Roundtable to be included in the Mayor's Task Force on Inclusion and
Diversity. Mayor Dyer advised he has requested to have Amelia Ross-Hammond serve as Chair. Mayor
Dyer advised the mechanics and mission of the task force will be provided to City Council in the near
future.
November 10, 2020
98
ADJOURNMENT
ITEM#71009
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:08 P.M.
. tits
Chief Deputy City Cl-rk
Ilk
A anda : es,MMC Robert M. Dyer
City Cler Mayor
November 10, 2020
99
OPEN DIALOGUE
The following registered to speak:
Jolicia Ward, 3527 Amherton Court, White Plains, MD, Phone: 621-3574, requested City Council
recognize the family of Demario Joyner who was a high school student shot by Virginia Beach Police
fifteen years ago.
Barbara Messner, P. O. Box 514, spoke concerning due process
JaPharii Jones spoke concerning recent campaign ads he felt were used against Black Lives Matter 757
Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION to defunding the police
Jay Boone expressed OPPOSITION to Mayor Dyer's reelection
Carl Wright requested City Council appoint an oversight committee and OPPOSITION of the African
American Roundtable
ADJOURNED AT 7:29 P.M.
November 10, 2020