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HomeMy WebLinkAboutMARCH 9, 2010 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELL177'O, Ar -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, AI -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District / BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR --- JERALD BANAGAN CITY AUDITOR - 1 YNDON S. REMIAS CITY CLERK -- RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 9 March 2010 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING: - Conference Room - 1. LED SIGN SUBCOMMITTEE REPORT Bill Macali, Deputy City Attorney II. CITY MANAGER'S BRIEFING: -Conference Room - 1. BOND SALES — NEW MONEY and REFUNDING Nancy Leavitt, Debt Administrator, Finance III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION 3:30 PM 4:00 PM 4:30 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 23, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION — Girl Scouts 98th Birthday 2. RESOLUTION — Bayfront Advisory Committee/Shore Drive Community Coalition 3. RESOLUTION of Recognition and Appreciation I. PUBLIC HEARINGS 1. SPSA Subordinated Revenue Bonds 2. LEASE OF CITY PROPERTY North Landing and West Neck Roads J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to REPEAL City Code §23-47 and §§26-63 to 23-73 to remain re noise regulations 2. Resolution AUTHORIZING issue and sale of General Obligation Bonds, Series 2010A heretofore authorized on May 12, 2009, in the amount of $60 -Million to support future Capital Improvement Projects (CIP) 3. Resolution to AUTHORIZE a Financing Plan with the Virginia Beach Development Authority (VBDA) re refunding $85 -Million from earlier Bond issuances and issuing "new money" Bonds in an amount not to exceed $17 -Million to fund Economic Development projects and equipment leases 4. Ordinance to AMEND an Exchange Agreement with the U.S. Navy to include a restricted covenant in the Quitclaim Deed for Marshview and AUTHORIZE the City Manager to execute related documents 5. Ordinance to ACCEPT from the Virginia Gentlemen Foundation the construction and dedication of JT's Grommet Park and a donation of artwork to be installed on the Boardwalk near First Street re beach access for the disabled. 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a one (1) year lease with E. R. COCKRELL for farm land at West Neck Road and the future Nimmo Parkway 7. Resolution to SUPPORT the nomination of the Bayfront Advisory Committee and the Shore Drive Community Coalition for the 2010 Governor's Transportation Safety Awards 8. Resolution recognizing a dedicated citizen for more than fifty years of community service 9. Ordinance to APPROPRIATE $1,875,000 from FEMA and $450,000 from the Virginia Department of Emergency Management (VDEM) and TRANSFER $175,000 from Contingency Reserves for recovery expenses associated with Tropical Storm Ida (Nor' easter) L. PLANNING 1. Application of CAPE HENRY STATION, LLC for a Conditional Use Permit re a wind turbine on the roof (WECS) at 2817-2821 Shore Drive. District 5 — LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of WEST NECK PROPERTIES, INC./ROBERT ZIRPOLI for a Conditional Use Permit re a non-commercial community pier (private use) at 1809, 2933 and 2936 Estates Drive (Deferred February 23, 2010). DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of TOWN CENTER ASSOCIATES, LLC to EXTEND satisfaction of the conditions for twelve (12) months in the closure of a portion of Market Street (approved March 24, 2009) DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. AMEND §§111, 211, 212 and ADD 211.1 re definition of roadside guide sign RECOMMENDATION APPROVAL b. AMEND by reducing setback requirements for in -ground swimming pools in R -5R Residential Districts near the Atlantic Ocean. RECOMMENDATION APPROVAL c. AMEND §111 and ADD §217 re requirements for monument and electronic display signs (deferred February 9, 2010) RECOMMENDATION Defer to March 23, 2010 M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** DATE March 23 TIME 6:00 PM March 30 4:00-6:00 PM April8 FY 2010-2011 Budget Schedule EVENT City Manager Presents Budget i Workshop April 13 April 20_ April 22 m April 27 April 27 May4_ May11 1 hr before Informa 4:00-6:00 PM 6:00 PM l 1 hr beforelnformal 600PM 4:00-6:00 PM 6:OOPM Workshop Workshop Workshop Public Hearing Public Hearing Public Hearing Workshop _. ADOPTION LOCATION City Council City Council City Council City Council City Counci Tallwood Hi City Council City Council City Council City Council Chamber Conference Room Conference Room Conference Room Conference Room gh School Conference Conference Room Chamber Conference Room Chamber Agenda 3/9/10st www.vbgov.com TUESDAY, APRIL 6, 2010 VIRGINIA BEACH CONVENTION CENTER * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * I II 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 9, 2010 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING: re LED SIGN SUBCOMMITTEE REPORT in the City Council Conference Room, Tuesday, March 9, 2010, at 3:30 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: William R. "Bill" DeSteph James L. Wood [Family Vacation] [Absent due to Illness] March 9, 2010 I II I 11 -2- CITY COUNCIL BRIEFINGS LED SIGN SUBCOMMITTEE REPORT 3:30 P.M. ITEM # 59708 Deputy City Attorney William Macali presented the LED Sign Subcommittee Report: Ordinance History August 25, 2009 City Council refers Ordinance to the Planning Commission September — November, 2009 Planning Commission holds Public Workshops and Meetings January 13, 2010 Planning Commission recommends more restrictive Alternate Ordinance to City Council February 9, 2010 City Council defers Ordinance for Briefing February 16, 2010 City Council Briefing; Subcommittee formed February 19, 2010 First Subcommittee meeting February 26, 2010 Second Subcommittee meeting The Subcommittee has developed a third version of the Ordinance which is more restrictive than the original version. This Version is less restrictive than the Planning Commission 's version in some respects and more restrictive in others. A comparison of the three (3) versions was presented, with the most restrictive provision, if any, depicted in `yellow" (on the electronic presentation). Provision Original Planning Commission Subcommittee Sign Type and Height Monument style 8 -foot maximum height Same Same Size of Sign Face devoted to Electronic Display Thirty-two (32) square foot maximum Thirty-two (32) square foot. maximum, but may not exceed 50% of the area of the total sign face (Most Restrictive) Thirty-two (32) square foot. maximum but may not exceed 2/3 of the total area of the sign face Note: total sign area allowed is covered by other City Zoning Ordinance (CZO) sections not in this ordinance Electronic display panel must have a minimum border on all sides equivalent to 10% of the total width of the panel. Border is not counted as part of the total sign face area March 9, 2010 -3 - CITY COUNCIL BRIEFINGS LED SIGN SUBCOMMITTEE REPORT ITEM # 59708 (Continued) Provision Original Planning Commission Subcommittee Number of Electronic Display Signs Allowed One (1) per lot Same Same Distance from Residential or Apartment Zoning District One hundred fifty (150) Not regulated Not regulated (but electronic display must feet (Most Restrictive) be off 10 PM. to 6 AM Same if visible from a Residential or Apartment District) (Most Restrictive) Provision Original Planning Commission Subcommittee Where Allowed Business Districts (B -1A, B-2, B-3, B-4) (not allowed in B- 1 neighborhood business, B -4K Historic Kempsville ) Same Same Schools and public uses (except public parks) in any Zoning District Same Same B -3A and B -4C Town Center and area around Town Center) (one sign in lieu of a building identification sign, with City Council approval) Same Same Provision Original Planning Commission Subcommittee Where Allowed (Continued) Public parks in any Zoning District (with City Council approval) Same Same Assembly Uses in Residential and Apartment Districts (with a Conditional Use Permit) (Not allowed in RT -1) (Most Restrictive) Religious Uses in Residential and Apartment Districts (with a Conditional Use Permit) In conjunction with hotels in the RT -1 District Same Same Historic and Cultural Districts No Same Same March 9, 2010 -4 - CITY COUNCIL BRIEFINGS LED SIGN SUBCOMMITTEE REPORT ITEM # 59708 (Continued) I II Provision Original Planning Commission Subcommittee Content Full color One color without background illumination (black) — no pictures graphics, or any elements other than text (Most Restrictive) Two colors w/o background illumination, no graphics other than text and a company logo, which may be full-color (logo must be included on sign permit application) Pixel Pitch Not regulated May not advertise goods or services not located on the same lot (billboard) Same Same Dwell Time 5 seconds 1 minute (change must be instantaneous — no scrolling, flashing, etc) (Most Restrictive) 30 seconds (change must be instantaneous — no scrolling, flashing, etc.) Provision Original Planning Commission Subcommittee Video or Audio Not allowed Same Same Pixel Pitch Not regulated Same 19mm or smaller (Most Restrictive) Brightness Sunrise to Sunset: 5,000 candelas per square meter at the face of the sign/Sunset to Sunrise 500 candelas per square meter at the face of the sign Same Same Automatic dimming based on ambient light level is required Same Same Provision Original Planning Commission Subcommittee Exemptions Time and temperature (5 -second cycles) Same Same Gas prices not exempt (Most Restrictive) Gasoline price signs (displayed continuously) Same Deputy City Attorney Macali displayed examples of LED signs with Full Color/High Resolution and Two -Color Text. Mayor Sessoms expressed appreciation to Council Lady Wilson and Councilman Davis for their dedicated participation on the Subcommittee. March 9, 2010 -5 - CITY COUNCIL BRIEFINGS LED SIGN SUBCOMMITTEE REPORT ITEM # 59708 (Continued) I II Council Lady Wilson referenced some points that would be a next step, which are not contained at the present time in the proposed Ordinance. Areas such as the Town Center and the Resort Area should have a design review process. Council Lady Wilson also contacted Council Lady Henley re not allowing these signs below the Green Line. A type of "Gentlemen's Agreement" with the Virginia Beach City Schools might be appropriate. There are LED School signs already in place and, "by -right ", can continue, but should follow the rules of all LED signs. Mayor Sessoms requested the City Attorney research signs would it be legal for the City to NOT have LED signs. Mayor Sessoms also requested the City Attorney acquire information from other cities within the region re LED signs and if they have encountered any litigation. City Attorney Stiles advised of his concern that standard changeable copy signs are allowed. The only derence between the copy sign and an LED is the method by which the copy is changed. It may be difficult to establish a reasonable basis for distinguishing between those two (2) types of signs. If the City were to remove these signs, Virginia Beach Schools would have to be advised they could not utilize their signs. March 9, 2010 6 CITY MANAGER'SBRIEFING BOND SALES — NEW MONEY and REFUNDING 3:50 P.M. ITEM # 59709 The City Manager introduced Nancy Leavitt, Debt Administrator — Finance, to present information re Bond Sales — New Money and Refunding. Ms. Leavitt has assumed the duties of Richard Dunford upon his retirement. Mr. Dunford was also in attendance to provide assistance. Patricia Phillips, Director of Finance, is in Washington, D.C. today. She was appointed by the United States Secretary of the Treasury Timothy F. Geithner, to be on the Advisory Committee for Tax Exempt and Government Entities (a National Committee). Patricia is the only local government representative appointed to this Committee. Mayor Sessoms and City Council congratulated Patricia and wished she be advised of their pride of this major achievement. Nancy Leavitt advised this Bond Sale has some rather unique aspects. On January Twenty-sixth, the City closed on the General Obligation Refunding Bonds and was able to save the City $8 -MILLION in debt service costs over the next fifteen (15) years. The Department is awaiting the FY 2011 Proposed Budget. Spring 2010 Bonds are Composed of Multiple Bond Sales O Annual General Obligation Bonds Sale Date — April 6, 2010 Size - $60 -MILLION O Public Facility Revenue Bonds — New Money Sale Date — April 6, 2010 Size - $17 -MILLION O Public Facility Revenue Bonds — Refunding Sale Date — April 7, 2010 Size — Up to $85 -MILLION General Obligation Bond Sale O Composed of portions of Charter Bond Authorizations from 2008 and 2009 previously approved by City Council O After the sale, there will be $58,456,888 Bonds authorized but unissued O Proceeds will be used to reimburse previous expenditures on Capital Improvement Program (CIP) projects March 9, 2010 -7 - CITY MANAGER'SBRIEFING BOND SALES — NEW MONEY and REFUNDING ITEM # 59709 (Continued) GENERAL OBLIGATION BOND SALE - $60 MILLION EXPENDITURES Fire and Rescue Station - Thalia TCC Expansion Library Renovations & Replacements TY P CAL E NT Computerized Traffic Signal System Upgrade Pavement Maintenance Program PH II Laskin Road Gateway PH 1-A Lesner Bridge Replacement Princess Anne Road Intersection Improvements PHVII Witchduck Road - PH 1 ORGAIOZA CIT -Telecommunications Replacement 51,455,422 $1,455,422 52,895,283 1,074, 404 $3,969,687 53,044,272 6,432,991 5,932,383 4,227,173 1,842,236 1,794,329 $23,273,384 $ 771,768 $771,768 GENERAL OBLIGATION BOND SALE - $60 MILLION EXPENDITURES RAL � STION ;. OPPORTUNITIES VMSM Original Exhibit Gallery Renovation Community Recreation Centers Repairs & Renovations - PH 1 Pacific Avenue Trail Extension TOTAL GENERAL GOVERNMENT QUAL EOLICATI IFEWNG Schools Great Neck Middle School Replacement $1,364,433 1,073,557 1,051, 994 3,489,984 $32,960,245 $6,078,540 Pupil Transportation Services Maintenance 8,627,699 Facility Renaissance Academy 12,333,516 TOTAL SCHOOLS $27,039,755 General Obligation Bond Sale (Continued) O Option to bid maturities as Build America Bonds (BAB) O Competitive Bidding Options on a Maturity by Maturity Basis: O Tax-exempt rate O Taxable rate with a 35% interest rate subsidy from the federal government March 9, 2010 -8 - CITY MANAGER'SBRIEFING BOND SALES — NEW MONEY and REFUNDING ITEM # 59709 (Continued) Example of Official Bid Form Maturity Principal Amount Coupon Rate Tax -Exempt or BAB (X) 2011 $3,000,000 1.5% 2012 $3,000,000 1.5% 2029 $3,000,000 6.0% X 2030 $3,000,000 6.0% X > Build America Bonds (BABs) will receive a 35% interest rate subsidy from the Federal government > Bid calculation for BABs will take interest rate subsidy into account; bonds awarded based on lowest True Interest Cost (TIC) Public Facility Revenue Bonds O Issued through the Virginia Beach Development Authority O Previously used to finance various public facilities O Issues in 2002, 2003, 2005, 2007 O Convention Center, Town Center Garages, Museum Parking O Current low interest rate environment has created refunding opportunities O Final size will be set just before pricing O 2.85% - 3.0% minimum savings O If refunded today — would see around $4 -MILLION savings over the life of the bonds for refunding $75 -MILLION (amounts could change based on market conditions on the day of the sale.) March 9, 2010 -9 - CITY MANAGER `SBRIEFING BOND SALES — NEW MONEY and REFUNDING ITEM # 59709 (Continued) O New Money Bond Issue O Funds small Economic Development projects and equipment leases O Strategic Growth Areas O City and School Energy Projects O Fire Apparatus O Internet Software upgrades — Hansen System O Revenue Assessment and Collection System O Public Safety Communication Infrastructure O Interest rate savings achieved by issuing these projects together as one financing O Accepting tax-exempt bids only; no Build America Bonds (BAB) The Preliminary Official Statements for both the General Obligation Bond Sale and the Public Facility Revenue Bond Sale can be found on the Finance Department's Web page on beachnet and in the City Clerk's Office. Mayor Sessoms inquired re the projected cost of Bond Counsel, Troutman Saunders. Rich Dunford advised approximately $30, 000. Mayor Sessoms suggested placing this out to bid would result in savings. Attorneys have advised there is approximately three (3) competitors for this position. March 9, 2010 - 10 - CITY COUNCIL COMMENTS 4:00 P.M. ITEM # 59710 Mayor Sessoms distributed correspondence jointly signed by himself and Vice Mayor Louis R. Jones: delaying the City Manager's presentation of the FY 2010-11 Operating Budget. Said correspondence is hereby made a part of the record. The Mayor and Vice Mayor met with the City Manager yesterday, March 8, 2010. Currently, the City's FY 2010 — 11 Operating Budget and Capital Improvement Program are scheduled to be presented on March 23, 2010. The General Assembly is not scheduled to finalize their budget until March 13, 2010, while the School Board will not adopt their budget until March 26, 2010. City staff will need time to review the impacts of both the State and the School Board's budgets prior to the City budget being finalized. Mayor Sessoms and Vice Mayor Jones recommended delaying the presentation of the Budget until the workshop scheduled on March 30, 2010. A Special Session shall be called for March 30, 2010, and the Budget presentation. ITEM # 59711 Councilman Diezel referenced a large residential Civic League meeting he attended on Thursday, March 8, 2010, in which he had to outline the worst case scenario and attempt to blend the City's funding with the State Budget (which has not been provided). Councilman Diezel requested the City Manager provide a synopsis of the original five (5%) and fifteen (15%) percent cuts Departments had to provide , even though this might not be a part of the City Manager's Budget presentation. Councilman Diezel outlined, in terms of their impact, four (4) different Departments. Councilman Diezel is Liaison to two (2) of these departments. The Civic League Membership was shocked at this impact. Councilman Diezel advised he would forward the synopsis so the Civic League might also review the impacts which the City Manager's staff had reviewed. In this particular residential area (900 -unit subdivision), the average depreciation on their homes was slightly over $20, 000. This Civic League was not responsive to submitted expenses re the Light Rail, unless this entails a Comprehensive Transportation System. Council Diezel advised the Civic League, this City Council would not take action until the Environmental Impact Study is completed. Councilman Diezel advised he wished to receive the response to the Targets, in terms of funding, personnel and program impacts. The City Manager advised he would provide. ITEM # 59713 Council Lady Henley advised meeting re the Interfacility Traffic Area (ITA) Master Plan Study, on Thursday, March 11, 1010, Focus Group meetings will be conducted from 8:30 AM through 4:00 PM (Building 15 Agricultural Conference Room). A Public Charette will be conducted 6:00 P.M. — 8:00 PM, (Building 19 Training and Development Conference Room) ITEM # 59714 Mayor Sessoms on Saturday, March 6, 2010, on his return home from vacation, had a phone call re the young man from Haiti, Jens Krinstinsen, rescued by the FEMA team, who visited Virginia Beach. FEMA requested the Mayor meet Mr. Krinstinsen. Mayor Sessoms and Fire Chief Steve Cover welcomed Mr. Krinstinsen, a United Nations Humanitarian. They were surrounded by the City's heroes of the FEMA Team - Virginia Task Force 2. Mr. Krinstinsen was given a tour of the Virginia Task Force 2 facility and a demonstration of the rescue equipment which helped save his life in Haiti. March 9, 2010 I II - 11 - CITY COUNCIL LIAISON REPORTS ITEM # 59715 Councilman Uhrin, Liaison — Military Economic Development Advisory Committee (MEDAC) distributed the Military Transition Workforce Development Study 2010 from Regent University Center for Effective Organizations. A previous study by the Virginia Beach Development Authority found that nearly 9,400 transition military personnel had skill sets that mapped to specific industries within Hampton Roads employers. It was determined that a critical step to developing a comprehensive workforce development strategy for transitioning military personnel in Hampton Roads, is to answer key questions about this population involving future residency, education and employment. Councilman Uhrin emphasized the Chart on Page 8 indicating the Primary Current Competency Areas encompassing all aspects from: Construction and Building, Electrical Work, Health Services and Medical, Production and Manufacturing, Engineering, Management/Program Management, Security/Law Enforcement, Communication Technologies, Public Relations/Public Affairs, Personnel/Management/Human Resources as well as other areas. Regent University funded the study. March 9, 2010 I II - 12 - A GENDA REVIEW SESSION 4:10P.M. ITEM # 59716 5. Ordinance to ACCEPT from the Virginia Gentlemen Foundation the construction and dedication of JT's Grommet Park and a donation of artwork to be installed on the Boardwalk near First Street re beach access for the disabled Council Lady Henley expressed concern re the agreement not containing a provision for maintenance of Grommet Park. The City Manager advised the staff of Parks and Recreation and Public Works has compiled an estimate of the maintenance on an annual basis (approximately $43, 000). The Virginia Gentlemen Foundation (VGF) has indicated they will commit approximately $30,000 a year to be utilized for maintenance. The City Manager advised correspondence to this effect was received on Friday, March 5, 2010. Therefore, approximately three-fourths of the maintenance cost would be covered. ITEM # 59717 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTIONS 1. Ordinance to REPEAL City Code §23-47 and §§26-63 to 23-73 to remain re noise regulations 2. Resolution AUTHORIZING issuance and sale of General Obligation Bonds, Series 2010A heretofore authorized on May 12, 2009, in the amount of $60 -Million to support future Capital Improvement Projects (CIP) 3. Resolution to AUTHORIZE a Financing Plan with the Virginia Beach Development Authority (VBDA) re refunding $85 -Million from earlier Bond issuances and issuing "new money" Bonds in an amount not to exceed $17 -Million to fund Economic Development projects and equipment leases 4. Ordinance to AMEND an Exchange Agreement with the U.S. Navy to include a restricted covenant in the Quitclaim Deed for Marshview and AUTHORIZE the City Manager to execute related documents 5. Ordinance to ACCEPT from the Virginia Gentlemen Foundation the construction and dedication of JT's Grommet Park and a donation of artwork to be installed on the Boardwalk near First Street re beach access for the disabled 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a one (1) year lease with E. R. COCKRELL for farm land at West Neck Road and the future Nimmo Parkway March 9, 2010 I II - 13 - A GENDA REVIEW SESSION ITEM # 59717 (Continued) 7. Resolution to SUPPORT the nomination of the Bayfront Advisory Committee and the Shore Drive Community Coalition for the 2010 Governor's Transportation Safety Awards 8. Resolution recognizing, Reverend Tommy Taylor, Retired Pastor and a dedicated citizen, for more than fifty years of community service 9. Ordinance to APPROPRIATE $1,875,000 from FEMA and $450, 000 from the Virginia Department of Emergency Management (VDEM) and TRANSFER $175,000 from Contingency Reserves for recovery expenses associated with Tropical Storm Ida (Nor 'easter) March 9, 2010 - 14 - I AGENDA REVIEW SESSION ITEM # 59718 L. 4. b Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): AMEND by reducing setback requirements for in -ground swimming pools in R -5R Residential Districts near the Atlantic Ocean. Council Lady Bellitto questioned the reason three (3) Planning Commissioners voted against this Amendment. Deputy City Attorney Macali advised he believed the Commissioners had concerns re environmental affects. However, this Amendment does not authorize anyone to "dig into" a Coastal Primary Sand dune ". Only the Wetlands Board could grant this authorization, which he believes very doubtful. The Commissioners also seemed to be concerned relative construction and the effect on the seawall. Public Works has reviewed the change and concludes the reduced setback for pools will not conflict with City seawall projects or negatively impact beach protection. ITEM # 59719 L. 4. c. Application of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): AMEND §111 and ADD §217 re requirements for monument and electronic display signs (deferred February 9, 2010) Council Lady Henley advised as there has not been any Public Comment other than the Planning Commission, she wished the Public be allowed to speak as this item recommended for Deferral until the City Council Session of March 23, 2010. Mayor Sessoms concurred. ITEM # 59720 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA L. PLANNING 1. Application of CAPE HENRY STATION, LLC for a Conditional Use Permit re a wind turbine on the roof (WECS) at 2817-2821 Shore Drive. DISTRICT 5 — LYNNHAVEN 2. Application of WEST NECK PROPERTIES, INC./ROBERT ZIRPOLI for a Conditional Use Permit re a non-commercial community pier (private use) at 1809, 2933 and 2936 Estates Drive (Deferred February 23, 2010). DISTRICT 5 - LYNNHAVEN 3. Application of TOWN CENTER ASSOCIATES, LLC to EXTEND satisfaction of the conditions for twelve (12) months in the closure of a portion of Market Street (approved March 24, 2009) DISTRICT 5 - LYNNHAVEN March 9, 2010 I II - 15 - AGENDA REVIEW SESSION ITEM # 59720 (Continued) 4. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. AMEND 0111, 211, 212 and ADD 211.1 re definition of roadside guide sign b. AMEND by reducing setback requirements for in ground swimming pools in R -5R Residential Districts near the Atlantic Ocean. March 9, 2010 I 11 - 16 - ITEM # 59721 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY. Discussion or consideration of the, acquisition, 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). Acquisition/Disposition of City Property: Princess Anne District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A) (7). Southeastern Public Service Authority (SPSA) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:18 P.M. March 9, 2010 - 17 - ITEM # 59721 (Continued) Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood (Break: 4:20 P.M. - 4:25 P.M.) (Closed Session: 4:25 P.M. - 4:55 P.M.) (Dinner: 4:55 P.M. - 5:30 P.M.) March 9, 2010 I II - 18 - FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL March 9, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 9, 2010, at 6:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: William R. "Bill" DeSteph James L. Wood INVOCATION: Reverend Tommy Taylor Pastor, Retired [Family Vacation] [Absent due to Illness] PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Led by Girl Scout Troop 471 Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. March 9, 2010 - 19 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. March 9, 2010 Item —VE.1 CERTIFICATION - 20 - ITEM # 59722 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 I II 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 #59721, Page 16, 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. uth Hodges Fraser, MMC City Clerk March 9, 2010 I II Item V -F.1 -21 - ITEM # 59723 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 23, 2010. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 I 11 - 22 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59724 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 9, 2010 RECOGNITION OF BOY SCOUTS - 23 - ITEM # 59725 Mayor Sessoms RECOGNIZED the following Boy Scouts and their leaders: Boy Scout Troop 471 Sean Robb David Canton David Moore Lucas Feldt Tyler Moser Matthew Warhola Jacob Warhola Jimmy Howe Derrick Bradford Leaders Randy Sparling Don Bradford Dean Robb Mayor Sessoms presented each Scout with a City Seal Pin. March 9, 2010 Item V -H.1. PROCLAMATION Mayor Sessoms PROCLAIMED: - 24 - ITEM # 59726 March 7 —13 Girl Scout Week March 12, 2010, proudly marks the 98`" anniversary of Girl Scouts of the United States of America, which was founded by Juliette Gordon Low in 1912 in Savannah, Georgia. More than Three Million current Girl Scout members, nationwide, will be celebrating 98 years of this American tradition alongside nearly 50 -MILLION former Girl Scouts showing living proof of the impact of the amazing Girl Scout movement. Girl Scout Troop 471 ACCEPTED the Proclamation with pride. The Formal signed Proclamation will be mailed to the Girl Scouts. Mayor Sessoms presented each Girl Scout with a City Seal Pin March 9, 2010 I 11 %PQQCLfialf 2ION Whereas: March 12, 2010, proudly marks the 98th anniversary of Girt Scouts of the 'United States of America, which was founded 6y Juliette Gordon Low in 1912 in Savannah, Georgia; and Whereas: throughout its distinguished history, Girl Scouting has inspired millions of girls and women with the highest ileacs of courage, confidence, and character, and Whereas: through the Girt Scout leadership experience, girls develop the skills and lessons they needfor a lifetime, so that they may actively contri6ute to their communities; and Whereas: GirCScouting takes an active role in increasing girls' awareness of the opportunities available to them today in math, science, sports, technology and otherfie&ds so that they can expand their horizons; and Whereas: more than three million current Girl Scout members, nationwide, will 6e cel Grating 98 years of this American tradition alongside nearly 50 million former Girl Scouts showing living proof of the impact of the amazing GirCScout movement. Now, Therefore, 1, William D. Sessoms, Jr., Mayor of the City of Virginia Beach, Virginia, do hereby Proclaim: March 7 - 13 gir(scout Wee& In Virginia Beach, and I encourage all Citizens ce(e6rate the 98th anniversary of the Girl Scouts of the ')SA, applaud the commitment Girl -Scouting has made to support the leadership development of Americas girls and proudly proclaim the weekof March 7-13 , 2010, as Girt Scout Week In Witness Whereof, I have hereunto set my hand and caused the Official Sear of the City of Virginia Beach, Virginia, to 6e affixed this Seventh day of March, Two Thousand Ten. William D. Sessoms, Jr. Mayor I II - 25 - Item V -H.2. RESOLUTION ITEM # 59727 Vice Mayor Jones PRESENTED: RESOLUTION SUPPORTING THE NOMINATION OF THE BAYFRONT ADVISORY COMMITTEE AND THE SHORE DRIVE COMMUNITY COALITION FOR THE 2010 GOVERNOR'S TRANSPORTATION SAFETY AWARDS The Shore Drive Corridor in Virginia Beach is a major part of the City's transportation network supporting well over 20,000 average daily trips over its eleven mile length. Shore Drive has experienced a significant number of motor vehicle, bicycle and pedestrian crashes in recent years, often with tragic results. The Bayfront Advisory Committee and the Shore Drive Community Coalition established in 2001, has worked diligently and effectively with the City during 2009 to improve traffic safety conditions for all users of Shore Drive. The Bayfront Advisory Committee and the Shore Drive Community Coalition, through its Shore Drive Safety Initiative '09, did raise substantial public awareness of the need for all roadway users to exercise alertness, skill, courtesy and sought near, as well as long term, traffic safety improvements in speed limits, cross walks and bike facilities. The Mayor will submit a Nomination Package to the Virginia Board of Transportation Safety within the Commonwealth of Virginia's Department of Motor Vehicles under the guidelines for this Award. Grace Moran, President, David Williams, Vice President — Shore Drive Community Coalition and Bruce Drees ACCEPTED the Resolution of Nomination with appreciation.. March 9, 2010 I II ttnw1utiun RESOLUTION SUPPORTING THE NOMINATION OF THE BAYFRONT ADVISORY COMMITTEE AND THE SHORE DRIVE COMMUNITY COALITION FOR THE 2010 GOVERNOR'S TRANSPORTATION SAFETY AWARDS WHEREAS: The Shore Drive Corridor in Virginia Beach is a major part of the City's transportation network supporting well over 20,000 average daily trips over its eleven mile length; WHEREAS: Shore Drive is settled by a large number of single family homes, apartments, condominiums, hotels, retail businesses, the military and industry. The beaches and parks along Shore Drive are major attractors for the recreational pursuits of residents and visitors; WHEREAS: Shore Drive has experienced a significant number of motor vehicle, bicycle and pedestrian crashes in recent years, often with tragic results; WHEREAS: The Bayfront Advisory Committee and the Shore Drive Community Coalition, established in 2001, has worked diligently and effectively with the City during 2009 to improve traffic safety conditions for all users of Shore Drive; and, WHEREAS: The Bayfront Advisory Committee and the Shore Drive Community Coalition, through its Shore Drive Safety Initiative '09, did raise substantial public awareness of the need for all roadway users to exercise alertness, skill, courtesy and sought near, as well as long term, traffic safety improvements in speed limits, cross walks and bike facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Mayor and Members of City Council take great pleasure in nominating the Bayfront Advisory Committee and the Shore Drive Community Coalition for the 2010 Governor's Transportation Safety Award in the categories of General Traffic Safety and Bicycle -Pedestrian Safety. BE IT FURTHER RESOLVED: That the Mayor will submit a Nomination Package to the Virginia Board of Transportation Safety within the Commonwealth of Virginia's Department of Motor Vehicles under the guidelines for this Award. 110 Rit ��}%7. e Wil ' R. 'Bill" DeSte • - At arg // ► . "Bob ', a enterville District 1 • Rob . Jones — Bays' Rosemary Wilson — At Distric f/ r�l v • yor Glen R. Davis - R Hbll District H•- E. pie tract 2 Princess Ann District 7 vigick: each District 6 -L‘iibiA Wood — Lynnhoven Dis act 5 William D. "Will" Sessoms - Mayor - 26 - Item V -H.3. RESOLUTION OF RECOGNITION ITEM # 59728 AND APPRECIATION Mayor Sessoms PRESENTED: RESOLUTION OF RECOGNITION And APPRECIATION REVEREND TOMMY TAYLOR Tommy Joe Taylor gave more than fifty years of his life serving in the Baptist ministry, thirty of which were as the Senior Pastor of London Bridge Baptist Church where he retired January Tenth, Two Thousand Ten. Tommy Joe Taylor was born in the coal mining Town of Norton, Virginia, with humble beginnings in the latter years of the Depression of the Thirties, he spent lots of time sledding the winding roads of High Knob Mountain and first attended church at the age of Ten only because The Baptist Church had a gym. From the early age of Ten until he was Twenty, Tommy learned many a life's lesson through daily delivery of the local newspaper to more than one hundred customers (174) in this mountain town. He played Varsity Football and Basketball for J. I. Burton High School in Norton and graduated in 1957. He attended Clinch Valley College full-time for two years while working full-time at night to support his family and pay for his own college. After graduation, at the age of 23, he became the Pastor of his first church in Corydon, Indiana, while attending Seminary. He graduated from Carson -Newman College in Jefferson City, Tennessee, with a BA in History in 1961 and from Southern Seminary in Louisville, Kentucky, with a Master of Divinity in 1966. After Seminary, he became the pastor of a church in Franklin, Indiana, from 1966-1970. He moved to Louisville, Kentucky, and pastored the Shively Heights Baptist Church from 1974 to 1979. In April 1979, he accepted the "call" to be the Senior Pastor at London Bridge Baptist Church in Virginia Beach where he served untiringly and faithfully for more than thirty years. During his Pastorate at London Bridge Baptist, the church grew from five hundred to three thousand members. The Staff grew from three to more than fifty today. The church constructed a 2200 -seat Worship Center to replace the 700 -seat sanctuary in 2001. More than thirty men and women have been called from this church to full-time ministry or missionary duties. During his tenure, Tommy served on the National Baptist Sunday School Board and as the first President of the Southern Baptist Conservatives of Virginia. Tommy Taylor fell in love and married his high school sweetheart, Phyllis Ann Tate, some fifty-four years ago and they have three children: Mary Beth, Melanie and Josh plus five grandchildren. The Virginia Beach City Council recognized Reverend Tommy Joe Taylor for his Faith to accomplish so much, his dedication to his beliefs, his willingness to serve his community and participate frequently over the years for the Invocation at this City Council and the many untiring, unselfish and dedicated ways he has contributed to the shaping of so many lives. Reverend Tommy Taylor ACCEPTED the Resolution. March 9, 2010 I II I&nwtuttan WHEREAS: Tommy Joe Taylor gave more than fifty years of his life serving in the Baptist ministry, thirty of which were as the Senior Pastor of London Bridge Baptist Church where he retired January Tenth, Two Thousand Ten; WHEREAS: Tommy Joe Taylor was born in the coal mining Town of Norton, Virginia, with humble beginnings in the latter years of the Depression of the Thirties, he spent lots of time sledding the winding roads of High Knob Mountain and first attended church at the age of Ten only because The Baptist Church had a gym; WHEREAS: From the early age of Ten until he was Twenty, Tommy teamed many a life's lesson through daily delivery of the local newspaper to more than one hundred customers In this mountain town. He played Vanity Football and Basketball for 1. Burton High School In Norton and graduated In 1957. He attended Clinch Valley College full-time for two years while working full-time at night to support his family and pay for his own college. After graduation, at the age of 23, he became the Pastor of his first church In Corydon, Indiana, while attending Seminary. He graduated from Carson -Newman College In Jefferson City, Tennessee, with a BA in History in 1961 and from Southern Seminary in Louisville, Kentucky, with a Master of Divinity in 1961 After Seminary, he became the pastor of a church In Franklin, Indiana, from 1966-1970. He moved to Louisville, Kentucky, and pastured the Shively Heights Baptist church from 1974 to 1979. In April 1979, he accepted the "calli' to be the Senior Pastor at London Bridge Baptist Church in Virginia Beach when he served untiringly and faithfully for more than thirty years; WHEREAS: During his Pastorate at London Bridge Baptist the church grew from five hundred to three thousand members. The Staff grew from three to more than fifty today. The church constructed a 2200 -seat Worship Center to replace the 700 -seat sanctuary In 2001. More than thirty men and women have been called from this church to full-time ministry or missionary duties. During his tenure, Tommy served on the National Baptist Sunday School Board and as the first President of the Southern Baptist Conservatives of Virginia; and, WHEREAS: Tommy Taylor fell in love and married his high school sweetheart, Phyllis Ann Tate some fifty-four years ago and they have three children: Mary Beth, Melanie and Josh plus flue grandchildren. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognise Reverend Tommy Joe Taylor for his Faith to accomplish so much, his dedication to his beliefs, his willingness to serve his community and participate frequently over the years for the Invocation at this City Council and the many untiring, unselfish and dedicated ways he has contributed to the shaping of so many lives. BE IT FURTHER RESOLVED: That each Member of Clty Council affixes his or her signature to this Resolution and that it be spread upon the Minutes of this Formal Session on this Ninth day of March, Two Thousand and Ten. Rit 1,1k Wil `1►'4 ��' �. e Wil R. "Bill" DeSte • - At arg 14/ AO/ Ro . y . "Boar e f v _ 'D. nterville District 1 Jones - Bays! . Distrl :.e Rosemary Wilson - At Glen R. Davis - R iLll District tract 2 Princess Ann District 7 or 4 each District 6 /moi • W D.'WOY W Ilium "Will" Sessoms - Mayor Wood - Lynnhaven Dis act 5 -27 - Item V -H.4. RECOGNITION ITEM # 59729 Mayor Sessoms RECOGNIZED the attendance of Helen Shropshire, Chair of the Social Activities Committee of the Yvonne Lewis Chapter of Delta Sigma Theta Sorority and Members of this Sorority. Mayor Sessoms PRESENTED each Member with a City Seal pin. March 9, 2010 I" -28- Item V -I.1. PUBLIC HEARING ITEM # 59730 Mayor Sessoms DECLARED A PUBLIC HEARING: SPSA (Southeastern Public Service Authority) Subordinated Revenue Bonds There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING March 9, 2010 - 29 - Item V -I.2. PUBLIC HEARING ITEM # 59731 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY North Landing and West Neck Roads There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING March 9, 2010 - 30 - Item K. ORDINANCES/RESOLUTIONS ITEM # 59732 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 I II -31- Item K.1. ORDINANCES/RESOLUTIONS ITEM # 59733 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to REPEAL City Code §23-47 and §§26-63 to 23-73 to remain re noise regulations Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 AN ORDINANCE TO REPEAL SECTION 23- 2 47 OF THE CITY CODE PERTAINING TO 3 NOISE 4 5 SECTION REPEALED: § 23-47 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 That Section 23-47 of the Code of the City of Virginia Beach, Virginia, is hereby repealed: {a) It shall be unlawful for any person to create, or allow to be created any deemed to ae exclusive: {1) The playing of any television set, radio, tape player, phonograph or any the quiet, comfort or repose of reasonable persons. (2) The keeping of any animal which, by caning frequent or long continued noise, shall disturb the quiet, comfort or repose of the neighborhood to such an institution of learning or court, while the same is in cession, or adjacent to any (•1) The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. sale or display of merchandise. claw 4 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of March , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Polic: epartment CA11449 R-2 March 2, 2010 etid.ze.e City Attorney's Office - 32 - Item K2. ORDINANCES/RESOLUTIONS ITEM # 59734 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution AUTHORIZING the issuance and sale of General Obligation Bonds, Series 2010A heretofore authorized on May 12, 2009, in the amount of $60 -Million to support future Capital Improvement Projects (CIP) Voting.: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 I RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF A SERIES OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2010A, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $60,000,000 AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $68,700,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 13, 2008, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $13,143,112 of which have been issued and sold. The issuance of $62,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2009, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of Government Finance Associates, Inc. (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $60,000,000. The City Council has determined it is in the City's best interest to issue and sell $55,556,888 of the bonds authorized on May 13, 2008; and up to $4,443,112 of the bonds authorized on May 12, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $60,000,000 (the "Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 13, 2008 and May 12, 2009 (collectively, the "Project"), and the costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series 2010A," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be I numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 4.5% (taking into account any original issue discount or premium and any subsidy paid by the federal government), (b) shall be sold to the purchaser thereof at a price not less than par or 100% of the principal amount thereof (without taking into account any original issue discount or premium), (c) shall be subject to optional redemption beginning no later than and continuing after March 15, 2020 at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than March 15, 2011, and ending no later than March 15, 2030. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360 -day year of twelve 30 -day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. -2- I So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than March 15, 2020 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City' s Director of Finance in such manner as may be determined to be in the best interest of the City. If Less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and -3- procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the -4- I Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 and 2, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bond, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor -5- I requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non -Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to I make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize either or both of the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management Program ("AIM") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Build America Bond Authorization. In connection with the issuance of the Bonds, the City Manager is authorized, in consultation with the Financial Advisor, if it is determined to be in the City's best interest to do so, to designate and issue all or any portion of the Bonds as "Build America Bonds" pursuant to the federal American Recovery and Reinvestment Act of 2009, as to which the federal government pays 35% of each interest payment as a direct subsidy to the City. In connection with such determination, the City Manager and the officers of the City are authorized to enter into such covenants and agreements regarding the use, investment and expenditure of the proceeds of such Build America Bonds as may be requested by bond counsel, and are further authorized make such elections, designations and filings as are necessary or appropriate to issue Build America Bonds, to comply with on-going reporting requirements and to receive interest subsidy payments from the federal government. Notwithstanding other provisions of this Resolution, Bonds issued as Build America Bonds shall be subject to optional redemption, including extraordinary optional redemption, on terms the City Manager, in consultation with the Financial Advisor, shall deem appropriate for such taxable bonds; provided such bonds shall be subject to optional redemption beginning no later than March 15, 2020 and shall contain provisions satisfactory to the City Manager preserving the City's right to redeem such bonds in the event of non-payment of the interest subsidy by the federal government. Redemption provisions for Build America Bonds similar to those contained in the draft of the Preliminary Official Statement provided or made available to Council are hereby approved. 19. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and -7- I sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This Resolution shall take effect immediately. Exhibit A — Form of Bond -8- I 11 Exhibit A — Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2010A MATURITY DATE DATED DATE CUSIP March 15, 20 , 2010 927734 INTEREST RATE % REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each March 15 and September 15, beginning September 15, 2010, at the annual Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book -entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $60,000,000 General Obligation Public Improvement Bonds, Series 2010A (the "Bonds"), of like date and tenor, except as to number, denomination, I rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 13, 2008 and May 12, 2009, and are being issued pursuant to a resolution adopted by the City Council on March _, 2010 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before March 15, 2020, are not subject to optional redemption prior to maturity. The Bonds maturing on or after March 15, 2021, are subject to redemption prior to maturity at the option of the City on or after March 15, 2020, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on , 20_, are required to be redeemed in part before maturity by the City on in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for A-2 I redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 I IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. A-5 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 9th day of March, 2010. APPROVED AS TO CONTENT: Finance Department APPROVED AS TO LEGAL SUFFICIENCY: I CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on March 9 , 2010, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: William D. Sessoms, Jr., Mayor/ — AYE Louis R. Jones, Vice Mayor it_/ _ AYE Rita Sweet Bellitto X_ / _ AYE Glenn R. Davis X— / _ AYE Bill R. DeSteph_ / Harry E. Diezel X_ / _ AYE Robert M. Dyer X_ / _ AYE Barbara M. Henley }_ / _ AYE John E. Uhrin X / _ AYE Rosemary Wilson / _ AYE James L. Wood_ / / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on March 9_, 2010. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of March, 2010. (SEAL) 1923267v2 205182.000135 Richmond0l 1923267v2 205182.000135 Clerk, City Council of the City of Virginia Beach, Virginia - 33 - Item K.3. ORDINANCES/RESOLUTIONS ITEM # 59735 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE a Financing Plan with the Virginia Beach Development Authority (VBDA) re REFUNDING $85 -Million from earlier Bond issuances and issuing "new money" Bonds in an amount not to exceed $17 -Million to fund Economic Development projects and equipment leases Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing of various public facilities from time to time, including, the acquisition, replacement and/or upgrades of Public Safety Communications Equipment and Infrastructure, Energy Savings Equipment for City and Public School Facilities, Fire Safety Equipment, Internet -Based Software and related equipment, Revenue Assessment and Collection System Equipment, and acquisitions, equipment and infrastructure for the City's Strategic Growth Area Program(collectively, the "2010 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing all or portions of certain public facility revenue bonds, series 2002A, 2003A, 2005A and 2007A (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance various public facilities; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its public facility revenue bonds in the maximum principal amount of $17,000,000 and its public facility refunding revenue bonds in the maximum principal amount of $85,000,000 (collectively, the "Series 2010 Bonds") in financing the 2010 Projects, refinancing all or a portion of the Prior Bonds and paying costs of issuing the Series 2010 Bonds; and WHEREAS, there have been provided or made available to City Council of the City drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2010 Projects and the issuance and sale of the Series 2010 Bonds: (a) Fourth Supplemental Agreement of Trust draft dated March 1, 2010 (the "Fourth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form the Series 2010 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2010 Bonds are to be issued and which is to be acknowledged and consented to by the City; I (b) Third Supplemental Support Agreement draft dated March 1, 2010, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2010 Bonds; (c) Preliminary Official Statement draft dated March 1, 2010, of the Authority relating to the public offering of the Series 2010 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft March 1, 2010, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2010 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The following plan for financing the 2010 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2010 Bonds in a maximum aggregate principal amount not to exceed $102,000,000, of which not more than $17,000,000 will be for the 2010 Projects and not more than $85,000,000 will be for refunding the Prior Bonds. The Authority will use the proceeds of the Series 2010 Bonds to finance the costs of the 2010 Projects, to refund all or a portion of the Prior Bonds within the limitations set forth in paragraph (b) below and to pay the costs of issuing the Series 2010 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2010 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2010 Bonds will be limited to annual payments and additional payments received from the City. The Series 2010 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2010 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for the 2010 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 2.85% on a net present value basis as determined by the City's financial advisor, Government Finance Associates, Inc. 2 (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2010 Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. (a) In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at times sufficient to make, the payments on the Series 2010 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; provided the Series 2010 Bonds (i) shall mature not later than 2030, (ii) have a true or "Canadian" interest cost not exceeding 5.0% (taking into account any original issue discount and premium), and (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof (without taking into account any original issue discount or premium). The City Manager is further authorized to approve the principal amounts, maturity schedules, including serial maturities and any term maturities, for the Series 2010 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2010 Bonds in one or more series at the same time or at different times, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (b) The Series 2010 Bonds shall be sold by competitive bid in the principal amount determined by the City Manager, in collaboration with the Financial Advisor, and the City Manager shall receive bids and award the Series 2010 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraph above. Following the sale of the Series 2010 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2010 Bonds. The actions of the City Manager in approving the terms of the Series 2010 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 3 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2010 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2010 Bonds, determined as set forth in paragraph 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and distribution thereof to the purchaser or purchasers of the Series 2010 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2010 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2010 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof 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 Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2010 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 8. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2010 Bonds, the undertaking of the 2010 Projects and the refunding of the Prior Bonds are hereby approved and ratified. 9. This Resolution shall take effect immediately. CERTIFIED TO BE A TRUE COPY OF AN RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON MARCH _, 2010. Clerk, City Council of the City of Virginia Beach, Virginia 4 Adopted by the City Council of the City of Virginia Beach, Virginia, this 9th day of March, 2010. APPROVED AS TO CONTENT: RifvvaacJoice) APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City Attorney's Office 5 I CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on March 9 , 2010, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: William D. Sessoms, Jr., Mayor X / AYE Louis R. Jones, Vice Mayor x / _ AYE Rita Sweet Bellitto -x_ / _ AYE Glenn R. Davis X / _ AYE Bill R. DeSteph / Harry E. Diezel / _ AYE Robert M. Dyer / - — AYE Barbara M. Henley /-x- — AYE John E. Ulu -in / - — AYE Rosemary Wilson -x_ / _ AYE James L. Wood_ / / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on March 9_, 2010. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this 9th day of March, 2010. (SEAL) 1923493v4 6 Clerk, City Council of the City of Virginia Beach, Virginia I" THIRD SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH, VIRGINIA Dated as of [March] 1, 2010 DRAFT NOTE: THIS THIRD SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS SUPPLEMENTED BY A FIRST SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, A SECOND SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF MAY 1, 2005, A THIRD SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF JUNE 1, 2007 AND A FOURTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF [MARCH] 1, 2010, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND, VIRGINIA. TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clauses 1 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions 2 Section 1.2 Rules of Construction 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority 4 Section 2.2 Representations by City 4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2010 Bonds 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable 6 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption 6 Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Signatures Receipt ARTICLE VI SERIES 2010 ARBITRAGE REBATE FUND Series 2010 Arbitrage Rebate Fund 6 Rebate Requirements 7 Calculation and Report of Rebate Amount 7 Payment of Rebate Amount 7 Reports by Trustee 8 Disposition of Balance in Series 2010 Arbitrage Rebate Fund 8 ARTICLE VII MISCELLANEOUS Private Activity Covenants 8 Severability 9 Successors and Assigns 9 Counterparts 9 Governing Law 9 10 11 Exhibit A — Schedule or Payments Exhibit B — Description of Series 2010 Projects ii A-1 B-1 I THIS THIRD SUPPLEMENTAL SUPPORT AGREEMENT dated as of [March] 1, 2010, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorities the Authority to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, THE City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007 and a Fourth Supplemental Agreement of Trust dated as of [March] 1, 2010, all between the Authority and the Trustee (collectively, the "Agreement of Trust"), its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds; and WHEREAS, in furtherance of the purposes of the Act, the Authority and the City have entered into a support agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005 and a Second Supplemental Support Agreement dated as of June 1, 2007 (the "Master Support Agreement"), pursuant to which the Authority has agreed to loan from time to time such proceeds to the City, and the City has agreed to repay such loans, subject to appropriation by the City council from time to time of sufficient moneys for such purpose; and I WHEREAS, within the (imitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue [three] series of Bonds in the aggregate principal amount of $ (the "Series 2010 Bonds") and to loan such proceeds to the City to finance the cost of the Series 2010 Projects and refund the Prior Bonds (as such terms are hereinafter defined) pursuant to the terms of this Third Supplemental Support Agreements; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Third Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Third Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Third Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Third Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented by the Fourth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Fourth Supplemental Agreement of Trust" shall mean the Fourth Supplemental Agreement of Trust dated as of [March] 1, 2010, between the Authority and the Trustee, which supplements the Agreement of Trust. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003, between the Authority and the City. "Prior Bonds" shall mean the Authority's Public Facility Revenue Bonds, Series "Series 2010 Bonds" shall mean the Series 2010A Bonds, the Series 2010B Bonds and the Series 2010C Bonds. 2 I "Series 2010 Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects as set forth on Exhibit B. "Series 2010 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Series 2010A Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2010A, authorized to be issued pursuant to the Fourth Supplemental Agreement of Trust. "Series 2010B Bonds" shall mean the Authority's $ Public Facility Refunding Revenue Bonds, Series 2010B, authorized to be issued pursuant to the Fourth Supplemental Agreement of Trust. "Series 2010C Bonds" shall mean the Authority's $ Public Facility Refunding Revenue Bonds, Series 2010C, authorized to be issued pursuant to the Fourth Supplemental Agreement of Trust. "Support Agreement" shall mean the Master Support Agreement as previously supplemented and amended and as supplemented and amended by this Third Supplemental Support Agreement. "Third Supplemental Support Agreement" shall mean this Third Supplemental Support Agreement dated as of [March] 1, 2010, between the Authority and the City, which supplements the Master Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply o the construction of this Third Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Third Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Third Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Third Supplemental Support Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority ahs full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not contlict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations 4 I thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or (4) the ability of the City to undertake the Series 2010 Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2010 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2010 bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached hereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto on or before the due dates set forth in such exhibit. The annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause the Series 2010 Bonds to be redeemed as set forth in such Series 2010 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of the Series 2010 Bonds as set forth in the Series 2010 Bonds. The Series 2010 Bonds shall be prepaid or redeemed in the manner and at the times set forth in the Series 2010 Bonds. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2010 Bonds on the date or dates of their redemption. The City shall give the Trustee notice of any redemption of such Series 2010 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2010 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. ARTICLE VI SERIES 2010 ARBITRAGE REBATE FUND Section 6.1 Series 2010 Arbitrage Rebate Fund. There is hereby established the City of Virginia Beach, Virginia, Series 2010 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2010 Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2010 Arbitrage Rebate Fund from time to 6 I time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2010 Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying the exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2010 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(0 of the code, as provided in this Article, and shall retain records of all such determinations until six years after payment of the Series 2010 Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects March 15 as the end of the bond year with respect to the Series 2010 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is 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 2010 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 and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a 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. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2010 Arbitrage Rebate Fund 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 or on or before 60 days after every fifth anniversary date thereafter until final payment of the Series 2010 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 of the Series 2010 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2010 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2010 Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2010 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each July 1 and within 10 days after the final payment of the Series 2010 Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2010 Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2010 Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2010 Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the faculties financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2010 Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. 8 Section 7.2 Severability. If any provision of this Third Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof Section 7.3 Successors and Assigns. This Third Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.4 Counterparts. This Third Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.5 Governing Law. This Third Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 9 IN WITNESS WHEREOF, the parties have caused this Third Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairman CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager 10 RECEIPT Receipt of the foregoing original counterpart of the Third Supplemental Support Agreement dated as of [March] 1, 2010, between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK, NATIONAL ASSOCIATION, as Trustee By: Title: 11 EXHIBIT A SCHEDULE OF PAYMENTS A- I EXHIBIT B DESCRIPTION OF SERIES 2010 PROJECTS The following sets forth brief descriptions of the Series 2010 Projects to be financed in whole or in part with the proceeds of the Series 2010 Bonds: 1926181v1 B-1 DRAFT FOURTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of [March 1], 2010 TABLE OF CONTENTS Parties Recitals Granting Clause ARTICLE I Section 4-101. Section 4-102. Section 4-103. 1 1 1 FOURTH SUPPLEMENTAL AGREEMENT Authorization of Fourth Supplemental Agreement 2 Definitions 2 Rules of Construction 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2010 BONDS Section 4-201. Section 4-202. Section 4-203. Section 4-204. Section 4-205. Section 4-301. Section 4-302. Section 4-303. Section 4-401. Section 4-501. Section 4-502. Authorization of Series 2010 Bonds and Series 2010 Projects 4 Details of Series 2010 Bonds 4 Form of Series 2010 Bonds 5 Securities Depository Provisions 5 Delivery of Series 2010 Bonds. 6 ARTICLE III REDEMPTION OF SERIES 2010 BONDS Redemption Date and Price 6 Selection of Series 2010 Bonds for Redemption 7 Notice of Redemption 8 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2010 BONDS Application of Proceeds of Series 2010 Bonds 9 ARTICLE V ESTABLISHMENT OF ACCOUNT Series 2010A Project Account 9 Series 2010B Project Account 9 Section 4-503. Series 2010C Project Account 9 ARTICLE VI SECURITY FOR SERIES 2010 BONDS Section 4-601. Security for Series 2010 Bonds 10 ARTICLE VII MISCELLANEOUS Section 4-701. Limited on Use of Proceeds 10 Section 4-702. Limitation of Right 10 Section 4-703. Severability 10 Section 4-704. Successors and Assigns 11 Section 4-705. Applicable Law 11 Section 4-706. Counterparts 11 Exhibit A — Form of Series 2010A Bond Exhibit B — Form of Series 2010B/2010C Bond ii A-1 B-1 This FOURTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of [March] 1, 2010, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, the Second Supplemental Agreement of Trust dated as of May 1, 2005, and the Third Supplemental Agreement of Trust dated as of June 1, 2007 pursuant to which the Authority has agreed to issue from time to time public facility revenue bonds or notes and use the proceeds thereof to finance costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia (the "City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2010 Projects (as hereinafter defined) and public facility refunding revenue bonds to refund all or portions of the Authority's public facility revenue bonds Series 2002A, 2003A and 2005A to provide debt service savings; and WHEREAS, the Authority has agreed to issue the Series 2010 Bonds (as hereinafter defined) in the aggregate principal amount of $ , secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007 and a Third Supplemental Support Agreement dated as of March 1, 2010 (the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2010 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Fourth Supplemental Agreement a valid and binding agreement authorizing and providing for the details of the Series 2010 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I FOURTH SUPPLEMENTAL AGREEMENT Section 4-101. Authorization of Fourth Supplemental Agreement. This Fourth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2010 Bonds and to the holder thereof, except as otherwise provided in this Fourth Supplemental Agreement. Section 4-102. Definitions. Except as otherwise defined in this Fourth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Fourth Supplemental agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2010 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Prior Bonds" shall mean the Authority's public facility revenue bonds. "Project" or "Projects" shall have the meaning set forth in the Support Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2010 Bonds appointed pursuant to Section 1.204, and their successors. "Series 2010 Bonds" shall mean the Series 2010A Bonds, the Series 2010B Bonds and the Series 2010C Bonds. "Series 2010 Projects" shall mean have the meaning set forth in the Support Agreement. "Series 2010A Bonds" shall mean Authority's $ Public Facility Revenue Bonds, Series 2010A, authorized to be issued pursuant to this Fourth Supplemental Agreement. "Series 2010A Project Account" shall mean the Series 2010A Project Account established in Section 4-501 of this Fourth Supplemental Agreement. 2 "Series 2010B Bonds" shall mean Authority's $ Public Facility Refunding Revenue Bonds, Series 2010B, authorized to be issued pursuant to this Fourth Supplemental Agreement. "Series 2010B Project Account" shall mean the Series 2010B Project Account established in Section 4-502 of this Fourth Supplemental Agreement. "Series 2010C Bonds" shall mean the Authority's $ Public Facility Refunding Revenue Bonds, Series 2010C, authorized pursuant to this Fourth Supplemental Agreement. "Series 2010C Project Account" shall mean the Series 2010C Project Account established in Section 4-503 of this Fourth Supplemental Agreement. "Fourth Supplemental Agreement" shall mean this Fourth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. Section 4-103. Rules of Construction. The following rules shall apply to the construction of this Fourth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2010 Bonds shall not be deemed to refer to or connote the payment of Series 2010 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Fourth Supplemental Agreement. (d) The headings herein and Table of Contents to this Fourth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Fourth Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2010 Bonds are references to payment of principal of and interest on the Series 2010 Bonds. 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2010 BONDS Section 4-201. Authorization of Series 2010 Bonds and Series 2010 Projects. There are hereby authorized to be issued the Series 2010A Bonds in an aggregate principal amount of $ , Series 2010B Bonds in an aggregate principal of $ , and Series 2010C Bonds in an aggregate principal of $ (a) to finance the Cost of the Series 2010 Projects, (b) to refund the Prior Bonds and (c) finance costs incident to issuing the series 2010 Bonds, in accordance with Article IV hereof. Section 4-202. Details of Series 2010 Bonds. (a) The Series 2010A Bonds shall be designated "Public Facility Revenue Bonds, Series 2010A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2010A Bonds shall bear interest at rates, payable semiannually on each March 15, and September 15, beginning September 15, 2010, and shall mature in installments on March 15 in years and amounts, as follows: Year Amount Rate Year Amount 2011 $ % 2016 $ 2012 2017 2013 2018 2014 2019 2015 2020 Rate (b) The Series 2010B Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2010B," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2010B Bonds shall bear interest at rates, payable semiannually on each March 15, and September 15, beginning September 15, 2010, and shall mature in installments on March 15 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2011 $ 2012 2013 2014 2015 2016 $ 2017 2018 2019 2020 (c) The Series 2010C Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2010C," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be 4 numbered R-1 upward. The Series 2010C Bonds shall bear interest at rates, payable semiannually on each March 15, and September 15, beginning September 15, 2010, and shall mature in installments on March 15 in years and amounts, as follows: Year Amount 2011 $ 2012 2013 2014 2015 Rate % Year Amount Rate 2016 $ 2017 2018 2019 2020 (d) Each Series 2010 Bond shall bear interest (a) from its date, if such Series 2010 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2010 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2010 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360 -day year of twelve 30 -day months. (e) Principal of the Series 2010 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2010 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2010 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the first day of the month of each interest payment date; provided, however, if the Series 2010 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2010 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2010 Bonds is not a Business day, the payment may be made on the next business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 4-203. Form of Series 2010 Bonds. The Series 2010A Bonds shall be in substantially the form set forth n Exhibit A and the Series 2010B and 2010C Bonds shall be in substantially the form set forth in Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Fourth Supplemental Agreement Section 4-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2010 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book -entry system to be maintained by the Securities Depository with respect to the Series 2010 Bonds. 5 In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2010 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2010 Bonds shall be able to obtain certificated Series 2010 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2010 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A or Exhibit B, as applicable; provided, however, that such term shall provide for interest on the Series 2010 Bonds to be payable (i) from if it is authenticated prior to March 15, , or (ii) otherwise from the March 15 or September 15 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2010 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2010 Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2010 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2010 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2010 Bonds, (B) notwithstanding anything to the contrary in this Fourth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Fourth Supplemental Agreement to registered holder(s) of the Series 2010 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2010 Bonds and (E) in the event of any inconsistency between the provisions of this Fourth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 4-205. Delivery of Series 2010 Bonds. The Trustee shall authenticate and deliver the Series 2010 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2010 BONDS Section 4-301. Redemption Date and Price. (a) Optional Redemption. The Series 2010 Bonds may not be called for redemption by the Authority except as follows. The Series 2010 Bonds maturing on or after March 15, 2021, 6 may be redeemed by the Authority, at the direction of the City, on or after March 15, 2020, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2010 Bonds to be redeemed plus interest accrued to the redemption date. (b) j[Mandatory Redemption. The Series Bonds maturing on March 15, , are required to be redeemed prior to maturity in part upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date on March 15 in years and amounts, as follows: Year Amount The Series Bonds maturing on March 15, , are required to be redeemed prior to maturity in part upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date on March 15 in years and amounts, as follows:] Year Amount Section 4-302. Selection of Series 2010 Bonds for Redemption. If less than all of the Series 2010 Bonds are called for redemption, the Series 2010 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2010 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2010 Bonds for redemption, each Series 2010 Bond shall be considered as representing that number of Series 2010 bonds which is obtained by dividing the principal amount of such Series 2010 Bonds by $5,000. If a portion of a Series 2010 Bond shall be called for redemption, a new Series 2010 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. 7 Section 4-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2010 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2010 Bond to be redeemed at his address as it appears on the registration books kept by the Trustee, (b) 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 (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory statement of any federal or state administrative bond having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2010 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2010 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2010 Bondholder. 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 the Trustee no later than the redemption date or (2) the Authority, as directed by 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 in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2010 Bondholders. Any Series 2010 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 Conditional Redemption, the failure to the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2010 Bondholders that the redemption did not occur and that the Series 2010 Bonds called for redemption and not so paid remain outstanding. 8 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2010 BONDS Section 4-401. Application of Proceeds of Series 2010 Bonds. (a) The proceeds of the Series 2010A Bonds ($ ) shall be paid to the Trustee and shall be transferred to the City for deposit into the Series 2010A Project Account in the Project Fund. (b) The proceeds of the Series 2010B Bonds ($ ) shall be paid to the Trustee and shall be transferred to the City for deposit into the Series 2010B Account. (c) The proceeds of the Series 2010C Bonds ($ ) shall be paid to the Trustee and shall be transferred to the City for deposit into the Series 2010C Account. ARTICLE V ESTABLISHMENT OF ACCOUNT Series 4-501. Series 2010A Project Account. There shall be established within the Project Fund a special account entitled "Series 2010A Project Account." The portion of the proceeds of the Series 2010A Bonds specified in Section 4.401(a), together with good faith deposit in the amount of $ previously paid to the City, shall be deposited by the City in the Series 2010B Project Account. Money in the Series 2010A Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust. Series 4-502. Series 2010B [Project] Account. There shall be established within the Project fund a special account entitled "Series 201013 [Project] Account." The portion of the proceeds of the Series 2010B Bonds specified in Section 4.401(b), together with the good faith deposit of $ previously paid to the City, shall be deposited by the City in the Series 2010B Account. Money in the Series 2010B Account shall be used in accordance with the provisions of Section of the Master Agreement of Trust. Series 4-503. Series 2010C [Project] Account. There shall be established within the Project fund a special account entitled "Series 2010C [Project] Account." The portion of the proceeds of the Series 2010C Bonds specified in Section 4.401(c), together with the good faith deposit of $ previously paid to the City, shall be deposited by the City in the Series 2010C Account. Money in the Series 2010C Account shall be used in accordance with the provisions of Section of the Master Agreement of Trust. 9 ARTICLE VI SECURITY FOR SERIES 2010 BONDS Section 4-601. Security for Series 2010 Bonds. The Series 2010 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its. $96,835,000 Public Facility Revenue Bonds, Series 2007A and its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B and any other series issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII MISCELLANEOUS Section 4-701. Limited on Use of Proceeds. The Authority intends that interest on the Series 2010 Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2010 Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2010 Bonds from gross income for Federal income taxation purposes. Section 4-702. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Fourth Supplemental Agreement or the Series 2010 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2010 Bonds any legal or equitable right, remedy or claim under or in respect to this Fourth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Fourth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 4-703. Severability. If any provision of this Fourth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Fourth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. 10 Section 4-704. Successors and Assigns. This Fourth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 4-705. Applicable Law. This Fourth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 4-706. Counterparts. This Fourth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 11 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Fourth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH, VIRGINIA, By: Title: 12 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED AR -1 ' $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2010A INTEREST RATE MATURITY DATE DATED DATE CUSIP March 15, , 2010 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) 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 on each March 15 and September 15, beginning 15, , 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 , 2010, if this bond is authenticated prior to March 15, , or (b) otherwise from the March 15 or September 15 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 A-1 bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month of each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by low to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2010A (the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007 and a Fourth Supplemental Agreement of Trust dated as of March 1, 2010 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, and a Second Supplemental Support Agreement dated as of June 1, 2007 and a Third Supplemental Agreement of Trust dated as of March 1, 2010 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2010B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A and its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B (the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City A-2 under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to (a) finance the acquisition, construction and equipping of various capital improvements for the City and (b) pay costs incurred in issuing the Bonds, Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FRO THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in is individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after March 15, , may be redeemed prior to their respective maturities on or after March 15, , at the option of the Authority, at the direction A-3 of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority. 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 Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such 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 the Trustee no later that the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. 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 by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate A-4 and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal 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 holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) Attest: Secretary By Chairman A-5 CERTIFICATE OF AUTHENTICATION Date Authenticated: This Bond is one of the Series 2010A Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer A-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within 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. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. A-7 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. EXHIBIT B 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 BR -1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2010B/2010C INTEREST RATE MATURITY DATE DATED DATE CUSIP 0/0 March 15, , 2010 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) 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 on each March 15 and September 15, beginning 15, , 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 , 2010, if this bond is authenticated prior to March 15, , or (b) otherwise from the March 15 or September 15 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 day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month of B-1 each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by low to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Refunding Revenue Bonds, Series 2010B/2010C (the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007 and a Fourth Supplemental Agreement of Trust dated as of March 1, 2010 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, and a Second Supplemental Support Agreement dated as of June 1, 2007 and a Third Supplemental Agreement of Trust dated as of March 1, 2010 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2010B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A and its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B (the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued B-2 under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to (a) finance the acquisition, construction and equipping of various capital improvements for the City, (b) to refund certain of the Authority's public facility revenue bonds and (b) pay costs incurred in issuing the Bonds, Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FRO THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in is individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after March 15, , may be redeemed prior to their respective maturities on or after March 15, , at the option of the Authority, at the direction B-3 of the City, in whole or in part at any time at a redemption price of l00% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority. 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 Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such 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 the Trustee no later that the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. 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 by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate B-4 and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal 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 holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. (SEAL) Attest: Secretary CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman B-5 CERTIFICATE OF AUTHENTICATION Date Authenticated: This Bond is one of the Series 2010B/2010C Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within 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. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. 1926195v1 B-7 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. - 34 - Item K.4. ORDINANCES/RESOLUTIONS ITEM # 59736 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND an Exchange Agreement with the U.S. Navy to include a restricted covenant in the Quitclaim Deed for Marshview and AUTHORIZE the City Manager to execute related documents Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 AN ORDINANCE TO AMEND ORD -3053A, 2 WHICH AUTHORIZED THE EXECUTION OF AN 3 EXCHANGE AGREEMENT WITH THE UNITED 4 STATES OF AMERICA, TO INCLUDE A 5 RESTRICTIVE COVENANT IN THE NAVY'S 6 QUITCLAIM DEED CONVEYING MARSHVIEW 7 8 9 WHEREAS, the City Council of the City of Virginia Beach has 10 authorized and funded CIP 9-060, the Oceana and Inter -Facility Traffic Area Acquisition 11 Program (the "Program"), for acquisition of property surrounding Oceana and in the 12 Inter -Facility Traffic Area ("ITA"); 13 14 WHEREAS, pursuant to the Program, the City acquired a 46.59- 15 acre parcel of land on Indian River Road in Virginia Beach, Virginia by Deed dated 16 March 23, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of 17 Virginia Beach, Virginia as Instrument No. 20070515000660610 for $1,167,570 (the 18 "ITA Property") generally known as GPIN 1483-58-0100 (formerly 1483-48-9053); 19 2 0 WHEREAS, as authorized by Ordinance 3000B adopted by the City 21 Council on September 25, 2007, the United States of America, Department of the Navy 22 (the "Navy") and the City entered into a Multi -Year Agreement on September 27, 2007, 23 in which the Navy and the City agreed that the City would convey to the Navy restrictive 24 easements over property the City acquires in the ITA, and the Navy would pay fair 25 market value of the easement or 50% of the City's acquisition cost of the ITA properties 2 6 (the "Encroachment Partnering Agreement"), with such compensation to also include a 27 like -kind exchange of the Navy property generally known as Marshview (the "Marshview 28 Property") to the City; 29 30 WHEREAS, as authorized by Ordinance 3053A adopted by the City 31 Council on September 23, 2008, the City Council authorized the execution of an 32 Exchange Agreement with the United States of America to acquire the Marshview 33 Property consistent with the Summary of Terms attached to Ordinance 3053A, which 34 included a provision that the Marshview Property would be restricted to limited park use; 35 36 WHEREAS, after the adoption of the Ordinance 3053A, the Navy 37 informed the City that it will require another covenant to be included in the Navy's 3 8 quitclaim deed to the City for the Marshview Property, which covenant would pass along 39 to the City all responsibility for complying with federal requirements for archaeological 4 0 surveys; 41 42 WHEREAS, the added covenant (the "Survey Covenant") would 43 require, among other things, the City to seek prior approval from the State Department 44 of Historic Resources, which serves as the Virginia State Historic Preservation Office 45 ("SHPO"), before commencing any land -disturbing activity requiring digging more than 46 6 -inches deep, and to comply with recommendations by SHPO that an archaeological 47 survey be conducted in order to preserve any as yet undiscovered, significant 48 archaeological sites, as more particularly described in the Amended Summary of Terms 49 attached hereto and made a part hereof; 50 51 WHEREAS, as the proposed amendment to the terms of the 52 Exchange Agreement represents a change in the substantive rights of the City in that 53 agreement, City Council approval of the Amended Summary of Terms is required prior 54 to execution of the Exchange Agreement; 55 56 WHEREAS, after the adoption of the Ordinance 3053A, the 57 Marshview Property was surveyed and an acquisition plat has been prepared, which 58 survey reflects that the size of the Marshview Property is approximately 98.664 acres, 59 rather than the 82 acres estimated in the original Summary of Terms; and 60 61 WHEREAS, the City Council finds that it is in the best interests of the City 62 to acquire the Marshview Property from the Navy and to amend Ordinance 3053A to 63 substitute the Revised Summary of Terms attached hereto, which includes the survey 64 covenant and a revised property description based on the new survey. 65 66 67 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 68 VIRGINIA BEACH, VIRGINIA: 69 70 1. The City Manager is hereby authorized to execute the Exchange Agreement in 71 accordance with the Amended Summary of Terms attached hereto as Exhibit A and 72 made a part hereof, as it may be modified or amended to include other terms and 73 conditions deemed necessary and sufficient by the City Manager and in a form deemed 74 satisfactory by the City Attorney; and 75 76 2. Except as modified on the Amended Summary of Terms, Ordinance 3053A shall 77 remain in full force and effect. 78 79 This ordinance shall be effective from the date of its adoption. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 82 9th day of March , 2010 83 84 85 86 87 88 CA11225 \\vbgov.com\dfs 1 \ applications \dtylawprod\cycom32\wpdocs\d011 \p007\00038483.doc R-1 February 25, 2010 APPROVED AS TO CONTENT APPRQ D AS TO CONTENT ation APPROVED AS TO LEGAL SUFFICIENCY ty t ey's ffice I Parties: Transaction: Property: EXHIBIT A AMENDED SUMMARY OF TERMS MARSHVIEW EXCHANGE CITY — U.S. EXCHANGE AGREEMENT FOR MARSHVIEW PROPERTY United States of America, acting by and through the Commanding Officer, Naval Facilities Command, Mid -Atlantic, (the "Navy") and City of Virginia Beach (the "City") The U.S. will exchange the Marshview Parcels for the ITA Easement, each as described below Marshview Parcels: All that certain 98.664 acres of land, more or less, owned by the United States of America, located east of Birdneck Road and the Salt Marsh Point neighborhood in the City of Virginia Beach, identified as Parcels One through Eleven on Sheet 5 as more particularly depicted on Sheets 1-4 of that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM UNITED STATES OF AMERICA DEPARTMENT OF THE NAVY BY THE CITY OF VIRGINIA BEACH FOR CIP 4-004 VIRGINIA BEACH, VIRGINIA," dated March 17, 2009 and sealed by the surveyor Donald W. Shackelford on February 11, 2010, as said plat may be further revised. The property is further described as any interest the Navy may have in GPINs: 2417-63-8556; 2417-73-1546; 2417-73-4027; 2417-72-1866; 2417-62-5690; 2417-62-9740; 2417-62-5475; 2417-62-8462; 2417-62-5179; 2417-62-8177; 2417-61-5907; 2417-61-8978; 2417-71-3734; 2417-71-4742; 2417-81-0879; 2417-81-1611; 2417-81-3407; 2417-81-8250; 2417-81-6663; 2417-73-6469; 2417-81-6320; 2417-81-7377; 2417-63-8455; 2417-72-4866; 2417-72-4771; 2417-72-4423; 2417-72-4128; 2417-71-5918; 2417-71-4942; 2417-81-2549; 2417-81-7439; 2417-62-1142; 2417-81-5865; 2417-73-0186; 2417-82-0890; 2417-72-9577; 2417-72-9477; 2417-72-9178; 2417-61-7659; 2417-71-9838; 2417-81-3504; 2417-81-7518; 2417-81-1567; 2417-81-6078 Together with any interest the Navy may have in any rights-of-way, roads, or easements of any description, included within, adjacent to or benefitting said Property. Exchange: The Marshview Parcels will be conveyed to the City by Quitclaim Deed in exchange for a restrictive easement over City -owned property located in the ITA. The City property to be subject to the easement is located on Salem Road and was acquired by deed dated March 23, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No. 20070515000660610 (hereinafter, the "ITA Easement"). The ITA Easement will be conveyed in the form of the Grant of Easement previously agreed to by the Parties, which was attached as an exhibit to the Multi -Year Agreement By and Between the United States of America and City of Virginia Beach, executed September 27, 2007. Purchase Price: Like -kind exchange of Marshview Parcels for the ITA Easement. Use Restrictions on Marshview Parcels: The quitclaim deed conveying the Marshview Parcels to the City will reserve to the United States a perpetual easement and rights as follows: 1. Restricted Uses. All uses and activities, except for Limited Recreational Uses as defined herein, are prohibited. The term "Limited Recreational Use" shall include all passive recreational uses and permitted active recreational uses as follows: a. Passive Recreational Use. The term "Passive Recreational Use" means leisure activities such as, but not limited to, walking, jogging, hiking, wildlife observation, children's play areas, dog parks, general public recreation, fishing and the use of non -motorized watercraft, such as canoes and kayaks. b. Permitted Active Recreation Use. The term "Permitted Active Recreational Use" means recreational activities, such as practices and non -programmed participation, in ball field and court sports by the general public; non -motorized, wheeled activities, such as skateboarding, rollerblading/skating and bicycling. 2. Activities and Uses Expressly Prohibited. The authorized use of the Property, described in Paragraph 1 above, shall not involve any of the following: a. Human Habitation: Human habitation, including but not limited to, temporary accommodations such as cabins, trailers, recreational vehicles, and tents. b. Programmed Activities: Team play or spectator sports, where the public is invited to view sporting activities such as games. Team practices and "pick up" games are permitted as a Permitted Active Recreation Use. c. Visual Hazards: Activities of any type that produce smoke, glare or other visual hazards; however, charcoal grills are permitted. d. Encouragement of Concentrations of Birds: Activities of any type that encourage concentrations of birds, such as bird feeding stations and ponds. 2 e. Dumping: Other than trash cans necessary to serve participants in Limited Recreational Use, the dumping of garbage is prohibited. This includes, but is not limited to, landfills, disposal, composting, recycling, burying, storage, or processing of garbage or waste materials. f. Other Prohibited Uses: Golfing; horseback riding; recreational campgrounds or marinas. 3. Improvements and New Construction. Construction or improvements to the Property are prohibited except those necessary for or incidental to Limited Recreational Use as defined in herein. The following requirements and prohibitions apply to Limited Recreational Use construction and improvements: a. Height Restrictions. The erection, construction, installation, alteration of any structure, building, or other edifice extending above 35 feet above sea level is prohibited. Trees shall not extend more than 150 feet above sea level. b. Lighting Prohibited. External lighting is prohibited. This includes, but is not limited to, lighted baseball or softball fields; lighted tennis courts; lighted basketball courts; lighted recreation areas; and lighted football or soccer fields. c. Permitted Improvements Incident to Limited Recreational Use. Improvements and/or buildings necessary for or incidental to Limited Recreation Use as defined in Paragraph 1, are permitted, including but not limited to the following: i. picnic shelters; ii. gazebos, such as covered overlooks; iii. playgrounds; iv. dog parks; v. skate parks; vi. benches; vii.water fountains; viii. charcoal grills; ix. fences and restrooms; x. trails, walkways, vehicular access roads; xi. parking areas; xii.piers for fishing and non -motorized watercraft; xiii. park management , maintenance and storage facilities; and xiv. Installation of public utilities, storm water management facilities and water control structures are permitted to a scale that are designed and constructed only to serve the improvements that are permitted as listed above or otherwise control flooding on the subject Property. d. Meeting Places are prohibited. The following improvements are prohibited: i. Clubhouses, meeting places, auditoriums, classrooms, game bleachers and similar facilities, except that small-scale bleachers for parents to view practices are permitted; ii. public utility substations; iii. public dredging operation staging areas; iv. borrow pits; v. watershed; vi. water reservoirs; vii. storm water management facilities and water control structures other than as noted in paragraph 3(c); viii. fish hatcheries or man-made ponds. 3 The U.S. shall have the right, by and through their agents and employees, to enter the Property at all reasonable times, with forty-eight (48) hours' prior notice to the Grantee, and for the purposes of determining compliance with the terms of this instrument. 4 New/Added Terms Survey Covenant In Quitclaim Deed on Marshview Parcels: The deed conveying the Marshview Parcels to the City will include a perpetual covenant by the City accepting responsibility for preserving and protecting any as yet undiscovered archaeological sites, to include the following responsibilities and any additions of similar responsibilities or modifications as may be required by the Navy and determined to be necessary and proper by the City Manager and in a form deemed sufficient by the City Attorney: 1. Notify and provide a written project assessment (to include any required archaeological survey) to the Virginia State Historic Preservation Office ("SHPO") prior to undertaking any ground - disturbing activities below the historic plow zone (defined as 6 inches below ground surface); 2. Take reasonable measures to avoid or minimize effects to any identified significant archaeological resources that will be affected by a project; 3. Prohibit disturbances to any archaeological site or object and provide expedited (within 1 day) review by a qualified archaeologist, if any such disturbance has occurred; and 4. Mitigate damage, restore site and report completed mitigation of any disturbance of a significant archaeological site, all in coordination with SHPO. 5 - 35 - Item K.S. ORDINANCES/RESOLUTIONS ITEM # 59737 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT from the Virginia Gentlemen Foundation the construction and dedication of JT's Grommet Park and a donation of artwork to be installed on the Boardwalk near First Street re beach access for the disabled. Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO SIGN AN AGREEMENT BETWEEN 3 THE CITY OF VIRGINIA BEACH AND VIRGINIA 4 GENTLEMEN FOUNDATION, INCORPORATED FOR 5 CONSTRUCTION AND DEDICATION OF GROMMET 6 PARK, AND ACCEPTING A DONATION OF 7 ARTWORK TO BE INSTALLED ON THE 8 BOARDWALK NEAR FIRST STREET 9 10 WHEREAS, the City of Virginia Beach ("City") and Virginia Gentlemen 11 Foundation, Incorporated ("VGF") wish to enter into an agreement to construct a 12 handicap accessible oceanfront playground called JT's Grommet Island Beach Park 13 and Playground for EveryBODY ("Grommet Park"); and 14 15 WHEREAS, Grommet Park will be located on the sandy beach owned by the City 16 between 1st and 2"d Streets; and 17 18 WHEREAS, Grommet Park will include accessible play systems to accommodate 19 use by all children, accessible beach seating, sculptures, play surfaces, beach 20 wheelchairs, canopies, ramps, and decks; and 21 22 WHEREAS, VGF will be responsible for all construction costs related to 23 Grommet Park, and the City shall have no responsibility for any construction costs 24 related to Grommet Park; and 25 26 WHEREAS, after completion of construction, VGF will dedicate Grommet Park to 27 the City; and 28 29 WHEREAS, Grommet Park is scheduled to open to the public in July 2010; and 30 31 WHEREAS, VGF has offered to donate to the City a sculpture known as the 32 Anticipation Sculpture; and 33 34 WHEREAS, the sculpture is approximately ten (10) feet in height, eleven (11) 35 feet wide, and eight (8) feet deep, and is cast in bronze; and 36 37 WHEREAS, VGF has agreed to pay for the installation; and 38 39 WHEREAS, pursuant to Administrative Directive 6.06, the Public Art Committee 40 of the Virginia Beach Arts and Humanities Commission ("VBAHC") reviewed the 41 proposed sculpture donation; and 42 43 WHEREAS, after review and discussion with City staff, the VBAHC 44 recommended that the City accept the sculpture; and 45 46 WHEREAS, the sculpture will be installed on the boardwalk near the 1st Street 47 landing area adjacent to the Rudee Inlet jetty. 48 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 (1) The City Manager is hereby authorized and directed to execute the Agreement, 54 on behalf of the City of Virginia Beach, with Virginia Gentlemen Foundation, 55 Incorporated for the construction and dedication of Grommet Park. 56 57 (2) The City Council hereby accepts the donation of artwork entitled "Anticipation 58 Statue" from Virginia Gentlemen Foundation, Incorporated and directs that such artwork 59 be installed on the boardwalk near the 1st Street landing area adjacent to the Rudee 60 Inlet jetty. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day 63 of March , 2010. Approved as to Content: CA11439 February 24, 2010 R-3 2 Approved as to Legal Sufficiency: City Attorney's Office SUMMARY OF TERMS Agreement between the City of Virginia Beach and Virginia Gentlemen Foundation, Incorporated for Construction and Dedication of Grommet Park ("Agreement") Parties: City of Virginia Beach ("City") Virginia Gentlemen Foundation, Incorporated ("VGF") Purpose: To memorialize the rights and responsibilities of each party with respect to JT's Grommet Island Beach Park and Playground for EveryBODY ("Grommet Park"), to be located on sandy beach owned by City between 1'` and 2❑d Streets. Term: Agreement commences upon execution, and continues until the dedication and acceptance of Grommet Park. VGF's Responsibilities: • Cause design plans to be prepared for Grommet Park. • Obtain all permits necessary to construct Grommet Park. • Complete construction of Grommet Park in good and workman -like fashion. • Responsible for all construction costs related to Grommet Park. • Dedicate Grommet Park to the City. • Secure and maintain insurance during construction phase. • Any costs associated with violations of environmental laws will be paid by VGF. City's Responsibilities: • No responsibility for construction costs related to the Grommet Park. • Provide written acceptance of Grommet Park (dedication). Other Terms: • The agreement contains no provision for maintenance of Grommet Park. • Replacement: No obligation for either party to replace or rebuild Grommet Park in event of fire, flood, earthquake, hurricane, etc. destroys Grommet Park. • City has sole discretion to relocate Grommet Park, at City's expense. • Indemnification- VGF to indemnify and hold City harmless • Modification: MOA may only be modified by writing, executed by both parties. - 36 - Item K.6. ORDINANCES/RESOLUTIONS ITEM # 59738 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a one (1) year lease with E. R. COCKRELL for farm land at West Neck Road and the future Nimmo Parkway Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR ONE YEAR WITH E. R. 3 COCKRELL, JR. FOR 14.5 ACRES OF CITY -OWNED 4 PROPERTY LOCATED NEAR THE SOUTHWESTERN 5 CORNER OF WEST NECK ROAD AND THE FUTURE 6 NIMMO PARKWAY (PORTION OF GPIN 1494-51-5393) 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 14.5 acres of 9 land located near the southwestern corner of West Neck Road and the future Nimmo 10 Parkway (portion of GPIN 1494-51-5393) (the "Premises"); 11 12 WHEREAS, E. R. Cockrell, Jr. is the current tenant of the Premises pursuant to 13 the terms of a now -expired lease with the City originally executed in 2004; 14 15 WHEREAS, Mr. Cockrell desires to enter into a new lease with the City for the 16 Premises; 17 18 WHEREAS, Mr. Cockrell will continue to use the Premises for agricultural 19 purposes and for no other uses; 20 21 WHEREAS, the term of the lease will be for one year, with four options to renew 22 of one year each; and 23 24 WHEREAS, Mr. Cockrell has agreed to pay $250 per year for the use of the 25 Premises for the first year of the term, with rental amounts being subject to negotiation 26 for each exercised renewal. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for a term of one 32 (1) year, with four (4) options to renew of one (1) year each, between E. R. Cockrell, Jr. 33 and the City, for the Premises in accordance with the Summary of Terms attached 34 hereto and made a part hereof, and such other terms, conditions or modifications as 35 may be acceptable to the City Manager and in a form deemed satisfactory by the City 36 Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of 39 March, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Manage nt Services CA11232 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D006\P006\00037938.DOC R-1 February 25, 2010 City Attorney's Office SUMMARY OF TERMS Lease with E.R. Cockrell, Jr. for a 14.5 acre City -owned lot located near the southwestern corner of West Neck Road and the future Nimmo Parkway LESSOR: City of Virginia Beach LESSEE: E.R. Cockrell, Jr. PREMISES: 14.5 -acre lot located near the southwestern corner of West Neck Road and the future Nimmo Parkway in Virginia Beach, Virginia (a portion of GPIN 1494-51-5393) TERM: 12 months: January 1, 2010 through December 31, 2010, with four options to renew of one year each RENT: $250 per year for the first year of the term, with rental amount to be subject to negotiation for any exercised renewal term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises solely for agricultural purposes. • Maintain Premises. • Purchase commercial general liability insurance in an amount not less than $200,000 combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and dedicate public rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone, telegraph and cable transmission lines, pipelines, irrigation canals and similar purposes. • Reserve the right to enter upon the Premises without notice to Lessee in emergency situations. TERMINATION: City may terminate the Lease for any reason by giving ninety (90) days' written notice. In such event, if Lessee's crops have not been harvested, all rent paid in advance will be refunded to Lessee. LOCATION MAP / / i ! / / NG. P I N 1494-51-5393 \ EXHIBIT. A 14.5 ACRES OF FARM LAND TO BE LEAS TO E.R. (DICK) COCKRELL, JR. BY THE CITY OF VIRGINIA BEACH SCALE: 1" = 400' / 0° COCKRELL.DGN M.J.S. PREPARED BY PM/ ENG. CADD DEPT. MARCH 2004 ftt 07- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One Year with E.R. Cockrell, Jr. for 14.5 Acres of City -Owned Property Located Near the Southwestern Corner of West Neck Road and the Future Nimmo Parkway (Portion of GPIN 1494-51-5393) MEETING DATE: March 9, 2010 • Background: Mr. E.R. Cockrell, Jr. has been farming City -owned land located near the southwestern intersection of West Neck Road and the future Nimmo Parkway (Portion of GPIN 1494-51-5393) pursuant to the terms of a lease with the City originally executed in 2004. The 2004 lease has expired, and Mr. Cockrell wishes to continue farming on the property pursuant to a new lease with the City. • Considerations: This term of the new lease would be one year, with four options to renew equal to one year each. The City has the right to terminate the lease upon ninety (90) days' written notice. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve the terms of the Lease Agreement as presented, change conditions of the Lease Agreement or deny leasing of the subject property. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Management Servi Facilities Management Office City Manager: 24 - 37 - Item K.7. ORDINANCES/RESOLUTIONS ITEM # 59739 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to SUPPORT the nomination of the Bayfront Advisory Committee and the Shore Drive Community Coalition for the 2010 Governor's Transportation Safety Awards Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 Requested By Councilmember DeSteph, Vice Mayor Jones, and Councilmember 2 Wood 3 4 A RESOLUTION SUPPORTING THE NOMINATION 5 OF THE BAYFRONT ADVISORY COMMITTEE AND 6 THE SHORE DRIVE COMMUNITY COALITION 7 FOR THE 2010 GOVERNOR'S TRANSPORTATION 8 SAFETY AWARDS 9 10 WHEREAS, the Shore Drive Corridor in Virginia Beach is a major part of the 11 City's transportation network supporting well over 20,000 average daily trips over its 12 eleven mile length; and 13 14 WHEREAS, Shore Drive is settled by a large number of single family homes, 15 apartments, condominiums, hotels, retail businesses, the military, and industry; and 16 17 WHEREAS, the beaches and parks along Shore Drive are major attractors for 18 the recreational pursuits of residents and visitors; and 19 20 WHEREAS, Shore Drive has experienced a significant number of motor vehicle, 21 bicycle, and pedestrian crashes in recent years, often with tragic results; and 22 23 WHEREAS, the Bayfront Advisory Committee is a Council appointed committee 24 serving the Bayfront community, which includes the Shore Drive Corridor; and 25 26 WHEREAS, in 2009, the Bayfront Advisory Committee facilitated the reduction of 27 the speed limit in a hazardous portion of Shore Drive and worked with City staff to 28 implement the provisions of the Shore Drive Safety Task Force; and 29 30 WHEREAS, the Shore Drive Community Coalition, which was established in 31 2001, worked diligently and effectively with the City during 2009 to improve traffic safety 32 conditions for all users of Shore Drive; and 33 34 WHEREAS, the Shore Drive Community Coalition through its Shore Drive Safety 35 Initiative '09 did raise substantial public awareness of the need for all roadway users to 36 exercise alertness, skill and courtesy, and sought near and long term traffic safety 37 improvements in speed limits, cross walks, and bike facilities. 38 39 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 1. That the Mayor and City Council take great pleasure in nominating the 43 Bayfront Advisory Committee and the Shore Drive Community Coalition for 44 the 2010 Governor's Transportation Safety Awards in the categories of 45 General Traffic Safety and Bicycle -Pedestrian Safety; and 46 I' 47 2. That the City Clerk is requested to submit, on behalf of the Mayor and City 48 Council, a nomination package to the Virginia Board of Transportation Safety 49 prior to the March 12, 2010 deadline. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of March , 2010. Approved as to Legal Sufficiency ele4A;/4 City Attorney's Offic CA11442 R-5 March 3, 2010 &I!iIn1uhiuu RESOLUTION SUPPORTING THE NOMINATION OF THE BAYFRONT ADVISORY COMMITTEE AND THE SHORE DRIVE COMMUNITY COALITION FOR THE 2010 GOVERNOR'S TRANSPORTATION SAFETY AWARDS WHEREAS: The Shore Drive Corridor in Virginia Beach is a major part of the City's transportation network supporting well over 20,000 average daily trips over its eleven mile length; WHEREAS: Shore Drive is settled by a large number of single family homes, apartments, condominiums, hotels, retail businesses, the military and industry. The beaches and parks along Shore Drive are major attractors for the recreational pursuits of residents and visitors; WHEREAS: Shore Drive has experienced a significant number of motor vehicle, bicycle and pedestrian crashes in recent years, often with tragic results; WHEREAS: The Bayfront Advisory Committee and the Shore Drive Community Coalition, established in 2001, has worked diligently and effectively with the City during 2009 to improve traffic safety conditions for all users of Shore Drive; and, WHEREAS: The Bayfront Advisory Committee and the Shore Drive Community Coalition, through its Shore Drive Safety Initiative '09, did raise substantial public awareness of the need for all roadway users to exercise alertness, skill, courtesy and sought near, as well as long term, traffic safety improvements in speed limits, cross walks and bike facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Mayor and Members of City Council take great pleasure in nominating the Bayfront Advisory Committee and the Shore Drive Community Coalition for the 2010 Governor's Transportation Safety Award in the categories of General Traffic Safety and Bicycle -Pedestrian Safety. BE IT FURTHER RESOLVED: That the Mayor will submit a Nomination Package to the Virginia Board of Transportation Safety within the Commonwealth of Virginia's Department of Motor Vehicles under the guidelines for this Award. "T�► \ t Rit ea. i qt - 4a.,L�'� _14 Wil ' R. "BRI" DeSte-At arg "Bob" a enterville District 1 - i,111. 0 _Li • !ones - Baysi • Distri�til/I/jc Rosemary Wilson - At • yor ALS I Glen R. Davis - R Holl District -� -- H E. ie trict 2 H Ie Princess Ann District 7 / 14- 10i District 6 ► ►� _1 William D. "Will" Sessoms - Mayor Wood - Lynnhaven Dis ict 5 WILLIAM D. SESSOMS, JR. MAYOR City of Virgiriia Ieach Ms. Audrey Odum Department of Motor Vehicles Commonwealth of Virginia Post Office Box 27412 Richmond, Virginia 23269-0001 10 March 2010 Re: Governor's Transportation Safety Awards Program Dear Ms. Odum: VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com It is with great pleasure that I nominate the Bayfront Advisory Committee and the Shore Drive Community Coalition (SDCC) of Virginia Beach for this year's Governor's Transportation Safety Award [jointly] in the categories of General Traffic Safety and Pedestrian/Bicycle Safety. The Bayfront Advisory Committee was established by City Council appointment November 28, 2006, to serve as the liaison between the Shore Drive Community and the governing body with specific duties and responsibilities. The Coalition was formed more than a decade ago and represents approximately thirty [30] Civic Leagues and Community Associations along the eleven mile Shore Drive Corridor of Virginia Beach. The Committee and this widely based Coalition continue to seek solutions for area improvements through the mutual collaboration with the City of Virginia Beach. One continuing principle objective has been to improve the safety along the Shore Drive Corridor for the community and its residents. By drawing upon the diversified backgrounds and talents of its engaged civic -minded residents, many issues have been effectively resolved directly improving the quality of life and safety for our residents and visitors throughout the City. With approximately twenty-five [25] percent of the City's population, Shore Drive supports over 20,000 average daily trips by car, and is used extensively by pedestrians and bicyclists traveling to and from beach and numerous park areas along the Chesapeake Bay. As one of the most heavily traveled routes in the City, Shore Drive has also been the site of numerous accidents, incurring a tragically high number of motor vehicle, bicycle and pedestrian fatalities over the past twenty [20] years. During 2009, the Advisory Committee and SDCC heavily promoted improved traffic safety measures for all users of Shore Drive through a number of key initiatives. These include: • The Shore Drive Safety Initiative 2009 (SDSI '09) assessed and informed the citizens and businesses along Shore Drive on current traffic safety concerns, forged a community consensus for viable near and long term improvements, and continues to work with the City in the implementation of these improvements. Among their accomplishments: o Organized into three subcommittees; traffic, pedestrian and cyclist o Historic problem areas were identified, analyzed and then solutions were sought through a number of meetings between the SDSI Committee, traffic engineering, police and other City officials o Identified bike and pedestrian safety deficiencies along a curved one mile section of Shore Drive. Shoulder improvements are now underway as an interim measure and median improvements are being examined. o Collected historical data for a specific road where a high frequency of accidents had occurred for vehicles exiting the neighborhood onto Shore Drive. Made an excellent technical case for how lowering the speed limit to 35 mph would help reduce these accidents as well as create a better safety margin for residents crossing to and from nearby beach areas o Using a variety of communication methods, kept 13,000 residents informed on traffic safety concerns, the options available to remedy and forged a community consensus in support of a lower speed limit. An SDCC sponsored survey of over 700 residents in August showed an impressive 85% agreement with the proposed measures including the lowered speed limit • The Bayfront Advisory Committee and the Shore Drive Community Coalition encourage and inspire community based solutions. A member of the SDCC Board helped found an idea entitled "Share Shore Drive Day". The principal goal is to raise public awareness for motorists, bicyclists and pedestrians using Shore Drive to share it safely • Established and continues to maintain a Public Forum where residents can receive up-to-date information on roadway construction plans, significant crashes, long term trends and efforts to bring about safer traffic conditions as well as share concerns and disagreements The Bayfront Advisory Committee has worked diligently with the Shore Drive Community Coalition to provide an overview of the community group along with copies of newspaper and newsletter articles. SDCC has led initiatives that are reiterated in these subsequent pages. Thank you for your consideration. Sincerely, William D. "Will" Sessoms, Jr. 2010 Governor's Transportation Safety Awards II kl or nizatic pr nrra transportation safety'. The awards are open to any p o anon who performs an outstanding t raspor anon safety activity or program during the previous calendar year. This program is sponsored by the Virginia Board of Transportation Safety, comprised of citizens appointed by the Governor of Virginia. Awards will be presented from nominations submitted in each category for individual, and/or group accomplishments, major projects and outstanding programs. Send all entries to the Governor's Transportation Safety Awards, c/o Audrey Odum, Room 617, Post Office Box 27412, Richmond, Virginia 23269-0001. Entries must be postmarked by March 12, 2010. RULES Eligibility: Any individual, organization, business or govern- ment agency is eligible. The nominee must have made an outstanding effort to change the attitudes and behaviors of motorists leading to the reduction of crashes, injuries and fa- talities associated with transportation in the Commonwealth of Virginia. Time Frame: Activities and programs must have taken place during calendar year 2009. Entries must be postmarked no later than March 12, 2010. Mail entries to the Governor's Transportation Safety Awards, c/o Audrey Odum, Room 617, Post Office Box 27412, Richmond, Virginia 23269-0001. Criteria for Selection: The awards selection will be made by the Virginia Board of Transportation Safety. Entries will be judged on impact on the community; use of volunteers and private sector resources; creativity; imagination; and uniqueness. Notification: Winners will be notified in May 2010. Presentation: Awards wilt be presented by the Virginia Board of Transportation Safety in June 2010. NOMINATION INSTRUCTIONS Complete the nomination form on the following page. Include with your nomination form the following information in no more than six pages. 1. A brief description of the program. 2. Background information on the program: Why did it occur and what made it unique? Include any relevant statistics on what problems existed and what you wanted to accomplish. 3. Outstanding elements and accomplishments in the program (e.g., number of persons trained). 4. Approximate number of people impacted by the activity or program (e.g., project provided 100 free rides during New Years; program reached 10,000 teens statewide). 5. Describe any public/private resources used to implement the program (e.g., services, materials and/or funds raised or donated). 6. Describe how volunteers were used in the program (e.g., 100 fire and rescue personnel volunteered to inspect child safety seats). 7. Submit the original and three copies of the completed nomination form and supporting documentation. Please do not send video tapes, CDs/diskettes or photographs. Virginia Department of Motor Vehicles 1 Virginia Highway Safety Office hl Lifetime Safety Achievement Presented for lifetime achievement in the area of transportation safety. Awarded to Captain G. Howard Gregory (Retired), Virginia State Police. W. Calvin FalweII/Major Kenneth Rowe Award for Aviation Safety Presented for promoting air safety. Awarded to Michael Mills, Virginia Department of Aviation. Employer Safety Presented for employers who take the extra initiative to promote traffic safety and encourage their employees to practice safe driving behaviors. Awarded to The Lynchburg Office of Appalachian Power Company. General Traffic Safety Presented for outstanding efforts in educating citizens and changing attitudes and behaviors regarding transportation safety. Individuals/organizations demonstrating exemplary achievement in the design, development and/or implementation of engineering techniques that reduce crashes on Virginia's highways will also be considered for this award. Awarded to Albemarle County Police Department, Impaired Driving Presented for encouraging the prevention of drunk and/or dru::ed driving. Awarded to Harrisonburg Police Department. Edgar P. Layman, fr. Awad fo Motor Carrier Presented forcontribudcus in furthering the safety, the carrier ind y through educational ;, ' and ac !ides. Awarded to H ' Trans it ,,Weyers Caves Vlrgmra: Motorcycle Safety Presented far ppeersons educating motorist/It and motorcyd'ists abou `rr oto yrcle $ afety -. Awarded to William " Brooks,111. Motorcycle Safety of Virginia. Occupant Presented e _ a e uragin the use aft 4 or child safety sesta t rou A innovative ' ' programs and � wairded to Ser tt Chris Rink ,: Market Polies Law Enforcement Presented to law enforcement personnel taking extra initiative to promote and encourage safetyty in their community. Awarded to Vicky Jones, Buchanan County Sheriff's Office. Legal Presented to attorneys or judges who actively support safety issues thus strengthening existing laws and creating new laws. Awarded to H. Lee Harrell, Wythe County Deputy Commonwealth's Attorney. Media Presented to media representatives or a news outlet helping to spread the word about traffic safety through fair and accurate reporting or programming. Awarded to Lindsey Roberts, WVEC TV 13. E. Wallace TimmonsAfiward for Pedestrian/Bicycle Presented for en safe walking and bicycling. Awarded tri . own of Blacksburg/ Blacksburg Transit / Kim Kirk. Public Transpo Presented for contribute made in educating drivers and ,about safety on public transportation 2009, nominations: Pupil Transportation Safety Presented for encouraging, educatingg..and promoting safety in pupil transportation thus improving safetfor drivers and riders. Awarded to Christiansburg Police Department. Rail Safety Presented for promoting safety on freight and/or passenger rail systems. No 2009 nominations. Water Safety Presented for contributions made in improving safety for swimmers, boaters and fishermen. Awarded to Robert N. Swinson, Virginia Department of Game and Inland Fisheries. Youth Traffic Safety Presented for persons or programs educating youth and spreading the message on the importance of youth traffic safety. Awarded to "The ART of Driving", Fairfax, Virginia. COMMONWEALTH OF VIRGINIA 2010 GOVERNOR'S TRANSPORTATION SAFETY AWARDS AWARD CATEGORY General Traffic Safety PERSON(S)/ORGANIZATION(S) NOMINATED Bayfront Advisory Commission Shore Drive Community Coalition STREET/MAILING ADDRESS Post Office Box 55254 CITY Virginia Beach STATE VA ZIP CODE 23471 YOUR NAME Mayor and Members of City Council ORGANIZATION City of Virginia Beach STREET/MAILING ADDRESS 2401 Courthouse Drive, Suite 281 CITY Virginia Beach STATE VA ZIP CODE 32456 TELEPHONE NUMBER (757) 385-4303 EMAIL ADDRESS rhfraser@vbgov.com eam www.dmvNOG1.com Virginia Department of Motor Vehicles Governor's Transportation Safety Awards c/o Audrey Odum, Room 617 Post Office Box 27412 Richmond, Virginia 23269-0001 About the Shore Drive Community Coalition Year Formed: 2001, as a non-profit Virginia Corporation Organization Composition: The Shore Drive Community Coalition is a diverse group of civic leagues, condos and community associations located along Shore Drive in Virginia Beach, VA Mission Statement/Objectives: 1. To provide a unified "Voice" for the community that will work hand in hand with the City of Virginia Beach and the Shore Drive Advisory Committee (if in existence) to better the quality of life along the Shore Drive corridor. 2. Fo provide proactive assessments and reactive solutions to civic issues concerning the entire Shore Drive neighborhood. 3. To organize and encourage participation in an annual local event that promotes community friendship and camaraderie. 4. To act as an effective communication tool that provides pertinent information to all of the Shore Drive corridor organizations Mail Address: P.O. Box 55254 Virginia Beach, VA 23471 Website: http://www.sdcc.info Officers: Ms. Grace Moran, President Mr. Dave Williams, Vice President Mr. Steve Kohler, Treasurer Mr. Todd Solomon, Secretary Mr. Tim Solanic, Web Communications Key Committees: Shore Drive Safety Initiative (SDSI); Chair: Mr. Dave Williams Number of member organizations: Approximately 30 Households reached: Over 13,000 II I Shore Drive Safety Initiative '09 Published to SDCC member organizations and Shore Drive residents in July 2009. By David Williams, Cape Henry Shores Civic Association Project Officer for SDSI '09 Monday, July 14 marked a subtle but what I think a significant date in the Virginia Beach civic calendar as 15 members of the Shore Drive Safety Initiative 2009 (SDSI'09) held their second meeting in two weeks to further develop a Plan of Action (POA) for their efforts to improve the safety along Shore Drive. I say this day is historic in that there was a subtle but perceptible shift in the atmosphere from the previous meeting on 6 July where two groups met, but both were not quite sure of the other group's motives. After more than three decades, much and varied efforts have been put into improving the safety along Shore Drive, but with limited success. Now, actual progress was being made at identifying and correcting our neighborhood's dangerous areas. While some groups see Shore Drive as a gateway to the oceanfront, other groups see this four lane road and highway as a keeper of the residential neighborhood's image. Some residents want faster commutes, while other residents want to be able to walk across Shore Drive without significantly endangering self, family and tethered canine. As a resident here, I feel that we should not be overly endangered while doing normal outdoor activities, such as walking the family to the beach. Change is difficult to achieve or accept depending on your perspective, but most agree, safety improvements are particularly needed along this section of Shore Drive. Monday's meeting brought representatives from the City and the combined interested citizen groups (Cape Henry Shores, Cape Story by the Sea, Shore Drive Community Coalition, Tidewater Bicycle Association, and Bayfront Advisory Committee together again to consider safety improvements. The Director of Public Works, Mr. Jason Cosby and Mr. Mike Shahsiah , Senior Traffic Engineer discussed possible solutions that could be implemented quickly and possible solutions that would take more study, time and funding approval. But, the key point made here by Mr. Shahsiah, was that safety improvements were doable. After listening to the residents along Shore Drive and understanding our concerns, at least now the city was responding with the prospects of "doable", and not with the flat rejections as previous requests had met. We still do not have our speed limit reduction to 35 MPH from N. Great Neck Road to the entrance at First Landing State Park, but I think both the city and the residents have shared a better understanding of both the residents' safety concerns and the city's ability to implement those safety improvements. This safety effort started with some local residents, gained area support and traveled up through the offices of Vice Mayor Jones, Councilman Wood, and Councilman DeSteph who have collectively brought it into the Tight of city government and into the view of Mayor Sessoms. It is just such a great feeling to know that local government still works and responds with some efforts and some organization. We, the people, will get there safely. Figure 1 SDSI members and city officials perform a safety assessment on Shore Drive (July 2009) The Virginian -Pilot © July 22, 2009 VIRGINIA BEACH Motorists traveling on Shore Drive between North Great Neck Road and the entrance to First Landing State Park will have to slow down in August when the speed limit drops from 45 mph to 35 mph. The change will take place Aug. 3, but signs alerting motorists to the change will be in place beginning Wednesday, according to a news release from the city of Virginia Beach. Figure 2 The city takes action Share Shore Drive Day By Kathy Adams The Virginian -Pilot © July 12, 2009 A group of about 200 bicyclists rallied Saturday to promote making Shore Drive safer. They biked a 6 -mile and 16 -mile route, ending with a cookout at Kokoamos Island Bar, Grill & Yacht Club on Marina Shores Drive. The goal was to promote adding bike lanes to Shore Drive and reducing the speed limit to 35 mph, organizer Bill Hart said. "We just feel Shore Drive is very, very unsafe for everybody except drivers," he said. "People are not only getting killed, but they're getting injured, disabled, and we need to do something about it." Since May 2008, two cyclists have died in Virginia Beach after collisions with vehicles. One was on Shore Drive, and one was on Witchduck Road. Through mid-April, there were 16 crashes this year involving bicycles and motor vehicles, according to the Police Department. Kokoamos approached the event's organizers and offered to host a post -ride barbecue, Hart said. It provided hot dogs, hamburgers, juice and sodas, manager Aimee Wetzel said. 'We do multiple facets of charity and are heavily into giving back to the community," she said. "Our main focus today was to make sure that everyone is safe down here on this corridor." If the Shore Drive area was safer for pedestrians and cyclists, more people could walk and bike to bars, stores and restaurants, Wetzel said. The League of American Bicyclists does not consider Virginia Beach a Bicycle Friendly Community, according to its Web site. The designation goes to communities that meet certain criteria, such as having bike lanes and enforcing bike -safety laws. In Virginia, only Alexandria, Arlington and Charlottesville are considered Bicycle Friendly Communities, according to the Web site. Virginia Beach would benefit from being added to the list, Hart said. "I think they're hurting themselves in the long run," he said. "People are going green, and they're going to travel places where they can ride their bikes, and Virginia Beach has a reputation where you don't." - 38 - Item K.8. ORDINANCES/RESOLUTIONS ITEM # 59740 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution recognizing Reverend Tommy Taylor, Pastor Retired, a dedicated citizen for more than fifty years of community service Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 Kr�ntuttun WHEREAS: Tommy Joe Taylor gave mon than fifty years of his life serving in the Baptist ministry, thirty o/ which were as the Senior Pastor of London Bridge Baptist Church where he retired January Tenth, Two Thousand Ten; WHEREAS: Tommy Joe Taylor was born in the coal mining Town of Norton, Virginia, with humble beginnings in the latter years of the Depression of the Thirties, he spent lots of lime sledding the winding roads of High Knob Mountain and first attended church at the age of Ten only because The Baptist Church had a gym; WHEREAS: From the early age of Ten until he was Twenty, Tommy learned many a life's lesson through daily delivery of the local newspaper to more than one hundred customers In this mountain town. He played Varsity Football and Basketball for J. L Burton High School in Norton and graduated In 1957. He offended Clinch Volley College full-time for two years while working full -tine at night to support his family and pay for his own college. After groduotlon, at the age of 23, he became the Pastor of his first church in Corydon, Indiana, while attending Seminary. He graduated from Carson -Newman College in Jefferson City, Tennessee, with a BA In History in 1961 and from Southern Seminary In Louisville, Kentucky, with a Master of Divinity in 1966. After Seminary, he became the pastor of a church in Franklin, Indiana, from 1966-1970. He moved to Louisville, Kentucky, and pastored the Shively Heights Baptist church from 1974 to 1979. In April 1979, he accepted the "car to be the Senior Pastor at London Bridge Baptist Church in Virginia Beach when he served untiringly and faithfully ully for more than thirty years; WHEREAS: During his Pastorate at London Bridge Baptist. the church grew from Jive hundred to three thousand members. The Staff grew from three to more than fifty today. The church constructed a 2200 -seat Worship Center to replan the 700 -seat sanctuary In 2001. Marc than thirty men and women have been called from this church to full -tine ministry or missionary duties. During his tenure, Tommy served on the National Baptist Sunday School Board and as the first President of the Souther Baptist Conservatives of Virginia; and, WHEREAS: Tommy Taylor fell in love and married his high school sweetheart, Phyllis Ann Tate some fifty Jour years ago and they have three children: Mary Beth, Melanie and Josh plus five grandchildren. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Coundl pause In its deliberations to recognise Reverend Tommy Joe Taylor for his Faith to accomplish so much, his dedication to his beliefs, his willingness to serve his community and participate frequently over the years for the Invocation at this City Council and the many untiring, unselfish and dedicated ways he has contributed to the shaping o/ so many lives. BE IT FURTHER RESOLVED: That each Member of City Council affixes his or her signature to this Resolution and that it be spread upon the Minutes of this Formol Session on this Ninth day of March, Two Thousand and Ten. 1.. R!t l'axe4t I Wil 9 R. 6.o' y Iah - Lo . Jones - Boysi "Bill" DeSte "Bob" • - At arg ntervile District 1 Rosemary Wilson - At Distrl 2 AO Glen - R. Davis — R H611 District trlct 2 Princess Ann District 7 4 Is District 6 Nam 0. "WNI' W lllam 0. "Wlr Sessoms - Mayor ach Wood - Lynnhaven Dis ict 5 - 39 - Item K.9. ORDINANCES/RESOLUTIONS ITEM # 59741 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $1,875,000 from FEMA and $450,000 from the Virginia Department of Emergency Management (VDEM) and TRANSFER $175,000 from Contingency Reserves for recovery expenses associated with Tropical Storm Ida (Nor 'easter) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 AN ORDINANCE TO APPROPRIATE FEDERAL AND 2 STATE FUNDS AND TO TRANSFER CITY FUNDS 3 FOR RECOVERY EXPENSES ASSOCIATED WITH 4 TROPICAL STORM IDA 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $1,875,000 in estimated revenue from the Federal Emergency 10 Management Agency and $450,000 in estimated revenue from the Virginia Department of 11 Emergency Management are hereby appropriated to the FY 2009-10 Operating Budget 12 and that $175,000 from the General Fund Regular Reserve for Contingencies is hereby 13 transferred within the FY 2009-10 Operating Budget to pay for expenses incurred by City 14 agencies for recovery expenses associated with Tropical Storm Ida. 15 16 2. That federal and state revenues will be increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of March 2010. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Management Services CA11441 R-3 February 24, 2010 Approved as to Legal Sufficiency: - 40 - ITEM # 59742 L. PLANNING 1. CAPE HENRY STATION, LLC CONDITIONAL USE PERMIT 2. WEST NECK PROPERTIES, INC. /ROBERT CONDITIONAL USE PERMIT ZIRPOLI 3. TOWN CENTER ASSOCIATES, LLC STREET CLOSURE — EXTEND SATISFACTION OF CONDITIONS 4. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE (CZO) a. AMEND §,¢111, 211, 212 and ADD 211.1 re definition of roadside guide sign b. AMEND by reducing setback requirements for in -ground swimming pools in R -5R Residential Districts near the Atlantic Ocean c. AMEND §111 and ADD §217 re requirements for monument and electronic display signs March 9, 2010 -41 - Item L. PLANNING ITEM # 59743 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4a and 4b of the PLANNING BY CONSENT AGENDA: Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 - 42 - Item L.1. PLANNING ITEM # 59744 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, an Ordinance upon application of CAPE HENRY STATION, LLC for a Conditional Use Permit re a wind turbine on the roof (WECS) at 2817-2821 Shore Drive. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CAPE HENRY STATION, LLC for a Conditional Use Permit re a wind turbine on the roof (WECS) at 2817- 2821 Shore Drive (GPIN: 15904016980000) DISTRICT 5 — LYNNHAVEN RO31035400 The following conditions shall be required: 1. If the wind energy conversion system ceases to be operational for a period of one (1) year, the system shall be removed at the applicant's expense. 2. The wind energy conversion system, including all associated equipment, shall be inspected by a wind energy system contractor two (2) years from approval by City Council and then every two (2) years subsequent, to ensure compliance with Section 209 of the City Zoning Ordinance (CZO)and with conditions set forth in the Conditional Use Permit. The findings of each inspection shall be submitted in writing to the City of Virginia Beach Planning Director. 3. All electrical connections from the wind turbine to the building shall be screened so as to be hidden from view. 4. No signage related to the wind energy conversion system shall be permitted other than safety and warning signage. 5. Noise associated with the wind energy conversion system shall not exceed a decibel level of 55dB (A) as measured at any adjoining property line. 6. No portion of the wind energy conversion system shall be illuminated unless required by the Federal Aviation Administration. 7. The height of the wind energy conversion system, including the pole, shall be no higher than 22 feet above the roofline. 8. The wind energy conversion system shall be equipped with a manual brake. March 9, 2010 - 43 - Item L.1. PLANNING ITEM # 59744 (Continued) 9. The wind energy conversion system shall be limited to the roof at the northwest corner of the building, above the existing restaurant known as "Hot Tuna" and shall be located no closer than eighteen (18) feet from the edges of the building. 10. A letter from the professional engineering company of McPherson Design Group, the firm who prepared the plans entitled, "HOT TUNA WIND TURBINE VIRGINIA BEACH, VA, " sheets SK -1 through SK -7, shall be submitted to the Building Official. Prior to the issuance of the Final Certificate, stating that all work to install the wind energy conversion system was done in accordance with said plans. 11. All other applicable requirements of the City of Virginia Beach Zoning Ordinance (CZO) shall apply to the erection of the wind energy conversion system. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of March, Two Thousand Ten Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 - 44 - Item L2. PLANNING ITEM # 59745 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, an Ordinance upon application of WEST NECK PROPERTIES, INC. /ROBERT ZIRPOLI for a Conditional Use Permit re a non-commercial community pier (private use) at 1809, 2933 and 2936 Estates Drive. DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WEST NECK PROPERTIES, INC./ROBERT ZIRPOLI for a Conditional Use Permit re a non- commercial community pier (private use) at 1809, 2933 and 2936 Estates Drive. GPIN # 14991467120000; 14991447520000; 14991416420000 DISTRICT 5 — LYNNHAVEN RO31035401 The following conditions shall be required: 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "PROPOSED PIER, LIFTS AND PILES, PURPOSE: BOATING ACCESS, " prepared by Professional Construction Consultants, LLC, dated 10/23/09, or as modified as required by the JPA Permit. 3. No commercial use of the dock shall be permitted. 4. A plat shall be recorded, prior to issuance of site plan approval, depicting a legal means of ingress/egress for Lot 15A and 16A to gain access to the pier on Lot 14A, as shown on the plan identified in condition 2 above. 5. The setback of the pier from the property line between Lot 14A and 15A is determined to be acceptable; however, there shall be no covered boat lifts, covered docks or other covered structures located anywhere on or adjacent to the pier. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of March, Two Thousand Ten March 9, 2010 - 45 - Item L.2. PLANNING ITEM # 59745 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 - 46 - Item L.3. PLANNING ITEM # 59746 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon Application of TOWN CENTER ASSOCIATES, LLC and EXTENDED satisfaction of the Conditions Nos. 2,3,4,5 and 6 for twelve (12) months (March 24, 2011) in the closure of a portion of Market Street (approved March 24, 2009) subject to fulfillment of original conditions: Ordinance EXTENDING the date for satisfying the conditions in the matter of closing, vacating and discontinuing a portion of that certain street known as 'Portion of Market Street to be Closed Area = 8 Square Feet" as shown on the certain plat entitled "PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED, VIRGINIA BEACH, VIRGINIA" (Town Center — Block 9, GPIN 1477-54-1429) DISTRICT 5 - LYNNHAVEN The following conditions were required (March 24, 2009): 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the Development Authority (the current owner of the property affected by the street closure) shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall cause to be conveyed to the City any interest in adjoining subjacent air space that is no longer needed by reason of this street closure. In exchange, the City shall convey to the Development Authority the closed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth in those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court as Instrument Numbers 200212313087765 and 200402100024237. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year (March 24, 2010) of the City Council vote to close the right-of-way, this approval shall be considered null and void. March 9, 2010 - 47 - Item L.3. PLANNING ITEM # 59746 (Continued) 6. If required by the Public Works Department, the applicant shall relocate, in a manner satisfactory to the Public Works Department, the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure. Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A PORTION 4 OF THAT CERTAIN STREET KNOWN AS "PORTION OF 5 MARKET STREET TO BE CLOSED AREA = 8 SQUARE 6 FEET" AS SHOWN ON THAT CERTAIN PLAT ENTITLED 7 "PLAT SHOWING PORTION OF MARKET STREET TO BE 8 CLOSED, VIRGINIA BEACH, VIRGINIA". (TOWN CENTER 9 - BLOCK 9) 10 11 WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach 12 acted upon the application of Town Center Associates, L.L.C., for the closure of a 13 portion of Market Street and its subjacent air space at the southwestern corner of Block 14 9 at Town Center as shown on Exhibit "A"; 15 16 WHEREAS, on March 24, 2009 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before March 18 24, 2010; and 19 20 WHEREAS, on January 20, 2010, the applicant requested an extension of 21 time to satisfy the conditions attached to the aforesaid street closure. 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 24 Virginia Beach, Virginia: 25 26 That the date for meeting conditions of closure as stated in the Ordinance 27 adopted on March 24, 2009, upon application of Town Center Associates, L.L.C., is 28 extended to March 24, 2011. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on this 31 9th day of March , 2010. 32 33 GPIN: 1477-54-1429 CA -11386 \\vbgov.com\DFS t \Applications\CityLawProd\cycom32\W pdocs\D022\P007\00045046. DOC R-1 February 24, 2010 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT A — Page 1 of 2 >- N< z O a) .- Q: 0rriO 00) .< �z a_ W < 0 ¢)_ z �� COMMERCE STREET (81' R/h') (/NST. /200402060023049) (FORMERLY LYEI&£LANO SIRES J -N 89'35'57" E- 04 PI4N 3,474,594.1037 E 12,175,006.2284 0 N O 0 84.85' VIRGINIA BEACH BLVD ;I Iia to BANK tn ST W 0 zCOMMERCE a WI � o COLUMBUS H W 1 ST a g SITE ST 0 o 0 tZ O -J 1= F SOUTHERN BLVD 1 LOCATION MAP - SCALE: 1" = 2,000' 3' PUBLIC /NGRESS/rORESS AND UAL/TY EASEMENT 200.26' (/NST /200402100024237) (/NST. /200404080055240) (TYP)PI�'i N 3,474,595.5046/ E 12.175,206.4835 - 3' SUBJACENT A/R, SPACE (/Ns1. /200212313087765) (/NsT. ,200402100024237) (/NsT. ,200404080055240) (T)P) I TOWN CENTER BLOCK 9 (INST. #200402060023049) AREA= 44,062 SF OR 1.012 AC GPIN: 1 477-54-1 429 NOTE: MERIDIAN SHOWN HEREON IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. NORTH AMERICAN DATUM 1983/1993 WARN (NAD 83/93, HARN) AND REFERENCED TO VIRGINIA BEACH GPS STATIONS "4737-1744" & "4793". 1 PREWOUS R/GHT- OF- W'AY DED/CATION (/NST. /20010206002.3049) SEE DETAIL 'A' PREWOUS S 44'35'53" W R/GHT-OF WAY DED/CA110YV 10.38' /NST. /20021230308648,) -S 89'35 53" W 190.63' pIN(F) OF) COLUMBUS_ STREET (VAR MOTH RAI) >10, PG 12) (/NST. 200212303086483) REV AS PER CLIENT KCR 1-26-2009 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA RRAnI4 VloniniiA 1 SHEET 1 OF 2 MSA. P.C. ENVIRONMENTAL SCIENCES •UVEYIG•ENEIN •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462 757-490-9264 (OFC) 757-490-0634 (FAX) www.msaonline.com PROJ. NO.: 061618 DRAWN: KCR EXHIBIT A — Page 2 of 2 LINE TABLE CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 25.00 10.78 5.48 10.70 S 12'42'36" E 24'42'36" C2 28.00 10.71 5.42 10.65 S 1119'42" E 21'55'04" C3 25.00 3.42 1.71 3.42 N 29'01'48" W 7'50'21" LINE TABLE LINE BEARING LENGTH L1 N 0024'10" W 10.45 L2 S 89'35'53" W 2.02 L3 S 89.35'53" W 0.97 L4 S 0024'10" E 3.00 L5 S 89'35'53" W 11.08 L6 N 89'35'53" E 12.72 V//2 SUBJACENT AIR SPACE TO BE CLOSED. AREA = 7 SQUARE FEET SUBJACENT AIR SPACE TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH. AREA = 36 SQUARE FEET PORTION OF MARKET STREET AND 3'. PUBUC INGRESS/EGRESS AND UTIUTY EASEMENT TO BE CLOSED. AREA = 8 SQUARE FEET PREWOUS RAW -OF -IPA Y DED/CA770Nv (/NST #70021230308648.1) N 89'35'53" E L5 N 89'35'53" E 3' SUBJACENT A/R SPACE (/NST. /200212313087765) (/NST. /200402100024237) (NsT. 1200404080055240) (fl') L.r PUBIC /NGRESS/EQQESS AND 1/71L/TY EASEMENT �,NS 1200212313087765) O/NST.1?00402100024237) (/NST #200404080055240) (TYP) DETA/L A SCALE: 1" = 10' 1 A 1REV I AS PER CLIENT IKCR I1-26-20091 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED VIRGINIA PFAC:H VIRrl1\MI SHEET 2 OF 2 1 �' MSA�P.C. ENVIRONMENTAL VSGINERSIREYING•EN.ENGINEERING •LANDSCAPE ARCHITECTURE 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462 757-490-9264 (OFC) 757-490-0634 (FAX) www.msaonline.com PROJ. NO.: 06161B DRAWN: KCR I -48- Item L.4.a/b PLANNING ITEM # 59747 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): AMEND 0111, 211, 212 and ADD 211.1 re definition of roadside guide sign AMEND by reducing setback requirements for in -ground swimming pools in R -5R Residential Districts near the Atlantic Ocean Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 1 AN ORDINANCE TO AMEND SECTIONS 111, 211 AND 2 212 OF THE CITY ZONING ORDINANCE AND TO ADD A 3 NEW SECTION 211.1, DEFINING THE TERM "ROADSIDE 4 GUIDE SIGN" AND ESTABLISHING REQUIREMENTS FOR 5 ALLOWING SUCH SIGNS IN THE PUBLIC RIGHT-OF-WAY 6 7 Sections Amended: City Zoning Ordinance Sections 111, 8 211 and 212 9 10 Section Added: City Zoning Ordinance Section 211.1 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 111, 211 and 212 of the City Zoning Ordinance of the City of 19 Virginia Beach, Virginia, are hereby amended and reordained, and a new Section 211.1 20 is hereby added, to read as follows: 21 22 Sec. 111. Definitions. 23 24 For the purpose of this ordinance, words used in the present tense shall include 25 the future; words used in the singular number include the plural and the plural the 26 singular; the use of any gender shall be applicable to all genders; the word "shall" is 27 mandatory; the word "may" is permissive; the word "land" includes only the area 28 described as being above mean sea level; and the word "person" includes an individual, 29 a partnership, association, or corporation. 30 31 In addition, the following terms shall be defined as herein indicated: 32 33 34 35 Sign, roadside guide. A sign, located within a public right-of-way, indicating the 36 direction in which a use or establishment, other than a use or establishment owned or 37 operated by a governmental entity, is located. 38 39 40 41 42 Sec. 211. Signs permitted in all districts. 43 44 The following types of signs are exempted from all of the provisions of this 45 ordinance, except for illumination, construction, and safety regulations and the following 46 standards: 47 48 49 50 (k) Roadside guide signs. Roadside guide signs, subject to the provisions of 51 section 211.1. 52 53 54 Sec. 211.1. Roadside guide signs. 55 56 Roadside guide signs shall be permitted, subject to the following provisions: 57 58 (a) Signs shall be allowed only by resolution of the City Council upon the 59 application of the owner or operator of a use or establishment operated exclusively for 60 cultural, literary, scientific or artistic purposes and on a not-for-profit basis; 61 62 (b) Applications for such signs, which shall include an application fee in the 63 amount of Two Hundred Fifty Dollars ($250.00), shall be made to the Director of 64 Planning on forms prescribed by him; 65 66 (c) No signs shall be larger than five (5) square feet in area or higher than 67 nine and one-half (9-1/2) feet above ground level, and all such signs shall have a 68 minimum clearance from ground level to the bottom of the sign face of seven (7) feet; 69 70 (d) No use or establishment shall be the subject of more than three (3) 71 roadside guide signs; provided, however, that the City Council may allow additional 72 signs if it finds that three (3) signs are insufficient to provide motorists with adequate 73 guidance to the use or establishment; 74 75 (e) Only the name of the use or establishment, a logo or other graphic symbol 76 indicating the type of use or establishment, a directional arrow and the mileage to the 77 use or establishment may be displayed. The lettering, graphic elements and 78 background shall be approved by the Director of Public Works or his designee in 79 accordance with the standards for such signage adopted by the Department of Public 80 Works; 81 82 (f) Signs shall be erected only in the specific locations approved by the City 83 Council as necessary to provide route confirmation and continuity of guidance to the 84 use or establishment. The Department of Public Works may relocate a sign if 85 necessary to accommodate public signage requirements; and 86 2 87 (q) Signs shall be maintained in good condition at all times. Any sign not in 88 good condition shall be subject to removal and disposal by the Department of Public 89 Works. 90 91 Sec. 212. Prohibited signs. 92 93 The following signs shall be prohibited: 94 95 96 97 (c) Signs in any public right-of-way, except as provided in section 211(a) or 98 section 211(k). 99 100 101 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of March, 2010. 3 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE BY REDUCING SETBACK 3 REQUIRMENTS FOR IN -GROUND SWIMMING 4 POOLS LOCATED ON LOTS ADJACENT TO THE 5 BEACHES OF THE ATLANTIC OCEAN IN THE R -5R 6 RESIDENTIAL RESORT DISTRICT 7 8 Sections Amended: City Zoning Ordinance Sections 201 and 502 9 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 201 and 502 of the City Zoning Ordinance, pertaining to in -ground 18 swimming pools located on lots adjacent to the Atlantic Ocean in the R -5R Residential 19 Resort District, is hereby amended and reordained to read as follows: 20 21 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 22 ALL DISTRICTS. 23 24 .... 25 26 Sec. 201. Yards. 27 28 (a) General. All required yards shall be unobstructed by any structure or other 29 improvement which exceeds sixteen (16) inches in height as measured from ground 30 elevation; provided, however, the following improvements may be located in a yard: 31 32 (1) In -ground swimming pools, jacuzzis, hot tubs or similar structures 33 may extend to within five (5) feet of any side or rear property line, 34 provided however, that no in -ground swimming pool, jacuzzis, hot 35 tubs or similar structures shall extend into any required yard adjacent 36 to a street, except that swimming pools, jacuzzis, hot tubs or similar 37 structures may be located no closer than twenty (20) feet to any 38 property line to the rear of any principal structure on a through lot. 39 Notwithstanding any contrary provision of this ordinance, in -ground 40 swimming pools located on property in the R -5R Residential Resort 41 District adjacent to the public beach of the Atlantic Ocean shall be set I 42 back no less than five (5) feet from the property line adiacent to the 43 beach. For purpose of this section, "beach" shall include any 44 bulkheaded area contiguous to, and any unimproved public right -of - 45 way within, the sandy beach. 46 47 .... 48 49 50 ARTICLE 5. RESIDENTIAL DISTRICTS 51 52 .... 53 54 Sec. 502. Dimensional Requirements [Residential Zoning Districts]. 55 56 The following chart lists the requirements within the R-40 through R -5S 57 Residential Districts for minimum lot area, width, yard spacing and maximum lot 58 coverage for single-family dwellings. 59 60 (a) For single-family dwellings: 61 62 Residential Districts 63 64 R-40 R-30 R-20 R-15 R-10 R-7.5 R -5D R -5R R -5S 65 66 .... 67 68 69 (11) As an exception, 70 the minimum setback fer 71 in any yard adjacent to the 72 Atlantic Ocean for any 73 structures, except in -ground 74 swimming pools, shall be 75 30 feet in the R -5R District N/A N/A N/A N/A N/A N/A N/A 30 N/A 76 77 .... 78 79 80 The following chart lists the requirements within the R -5R Residential District for 81 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 82 semidetached dwellings. 83 84 (b1) For duplex and semidetached dwellings in the R -5R Residential District: 85 86 Duplexes Semidetached 87 88 .... 89 90 (8) Minimum rear yard 20 20 91 92 (9) As an exception, the minimum 93 setbacks in any yard 94 adjacent to the Atlantic 95 Ocean for any structures, 96 except in-ground swimming 97 pools, shall be 30 feet in the 98 R-5R District 99 100 .... Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of March, 2010. APPROVED AS TO CONTENT: PI.nning Department CA11057 R-3 January 21, 2010 APPROVED AS TO LEGAL SUFFICIENCY: 4tk - City Attorney's Office - 49 - Item L.4.c. PLANNING ITEM # 59748 Chandler Scarborough, President — Green Run Homes Association, 1248 Green Garden Circle, Phone: 621-4919, believes LED signs can be a more attractive option than other options allowed as manual message boards and banners. Green Run has been developing plans for new Gateway signs that they are hopeful to replace the ugly aging signs currently marking the entrances to their community. The Association would like to incorporate an LED component into these signs. Because of the size of Green Run, these signs would be the most cost effective way to communicate with residents and to promote civic engagement. Mr. Scarborough believes, as these LED signs represented a significant investment, they would upgrade the appearance of the community. With 16,000 residents spread over nearly six (6) square miles, few other options exist. This Ordinance, as written, would allow schools, churches, parks and businesses within Green Run to install LED signs; however, it would not allow the individual residents to install on their own property. Mr. Scarborough requested this oversight be corrected. The Association has always envisioned a single color, letter only sign that would not rotate very often. Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of March 23, 2010: Ordinance upon application of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): AMEND §111 and ADD §217 re requirements for monument and electronic display signs (deferred February 9, 2010) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 - 50 - Item M. 1. APPOINTMENTS ITEM # 59749 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: SOCIAL SERVICES BOARD March 9, 2010 - 51 - Item M. 2. APPOINTMENTS ITEM # 59750 Upon NOMINATION by Vice Mayor Jones, City Council: APPOINTED: Laurie Macpherson REAPPOINTED: Glenn C. Snyders 3 -Year Terms 4/1/10-3/31/13 HEALTH SERVICES ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 - 52 - Item M. 3. APPOINTMENTS ITEM # 59751 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Antwan Perry 3 -Year term 4/1/10-3/31/13 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph and James L. Wood March 9, 2010 - 53 - Item M. 4. APPOINTMENTS ITEM # 59752 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Michael Aschkenas Unexpired thru 12/31/11 SENIOR SERVICES OF SOUTHEASTERN VIRGINIA Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood March 9, 2010 - 54 - Item V -P. ADJOURNMENT ITEM # 59753 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:26 P.M. 012 Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda items adjourned at 6:32 P.M. March 9, 2010 - 55 - PUBLIC DIALOGUE Dr. George Meredith, President — Linkhorn Rudee Waterway Fund, spoke re the history of his area. George Percy arrived with Captain John Smith April 26, 1607, coming ashore at 47th Street. They went into Princess Anne Hills and explored and were impressed with the artesian springs and beautiful Cyprus trees. The Susan Constant was a twenty-eight foot shallow. Lynnhaven Inlet did not exist. The Explorers were going into Linkhorn Bay, Broad Bay and the Lynnhaven River in which they came upon a large fire. The Indians left behind many oysters and mussels which impressed the Englishmen. In 1620, Adam Keeling and friends dug "by hand" a ditch that connected the Lynnhaven River to the Chesapeake Bay. This was a magnificent estuary. In the late 1800's, a rail line from Norfolk was constructed. Dr. Meredith is concerned relative development destroying this estuary. There are economical methods to restore this estuary. Leslie Stuckey, 2905 Sugar Maple Drive, Phone: 301-6885, has spoken before City Council previously. Ms. Stuckey requested the Mayor find common ground between the civilians and the Police. March 9, 2010