AUGUST 2, 2016 MINUTES s
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 2, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the AIRBNB in the City
Council Conference Room, Tuesday, August 2, 2016, at 4:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
John D. Moss in Florida, Mother recovering from fall
2
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
4:00 P.M.
Mayor Sessoms welcomed Phillip J. Kellam, Commission of the Revenue. Mr. Kellam expressed his
appreciation to City Council for their continued support:
The Local Transient Occupancy Tax &
Online Rental Platforms
Presented to the Virginia Beach City Council
August 2,2016
by 1
k C
31i 41 " Kellam,
it t
ple•
F �r
Authority
Code of Virginia 58.1-3840
Allows the City of Virginia Beach to raise local revenue through a
Transient Occupancy Tax("TOT"aka Lodging Tax)
Code of Virginia Beach 35-158 through 168
Defines the local TOT which provided$30million in local revenue
for CY.15
August 2, 2016
3
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Below are the Local Transient Occupancy Tax "TOT"Rates:
Local Rates
LOCAL TOT Rates- Three(3)factors must be considered:
• Every room or home rental for not more than 90
consecutive days is assessed a$i per night fee($2
starting 01.01.2017)
• The rate is 8%of the total rental charge,EXCEPT
for the Sandbridge Rental District
• The Sandbridge Rental District rate is 9.5%
How It Works
Who is required to pay the local TOT?
Transients(aka tourists,guests,patrons,limited lodgers,etc.)
Who is required to collect the local TOT from transients for the City
of Virginia Beach?
Anyone renting lodging space for 90 consecutive days or less...
operators of hotels,motels,bed&breakfast inns,real estate
rental companies renting houses,homeowners renting primary
and secondary homes,apartment owners renting apartments,
condominium owners renting condos,motor home/RV parks
renting pads and campgrounds renting sites.
August 2, 2016
4
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Who Collects the TOT& How Much?
Local Statistics for CY15:
• 116 hotels&motels are renting 11,000+/-rooms and collecting$24.2
million in TOT
• 18 real estate companies are renting 1,163+J-homes and collecting$5.6
million in TOT
• 7 bed&breakfast inns are collecting$46 thousand in TOT
• 63 homeowners are renting 63 houses collecting$183 thousand in TOT
Below is the New Business Model with online rental platforms for short-term rental:
New Business Model
• Online Rental Platforms("ORPs")provide a means for anyone to advertise entire
homes,apartments,condos,single rooms or shared occupancy space for short-
term rental.
• ORPs advertise properties in localities around the globe.Their participation in
collecting or facilitating the collection of local TOTs is spotty.In Virginia they
ignQre_lacalitiesand have_lobbiedthe_Gevernor3nsi...GeneraLAssembjy_me_mbers
to"fast-track"statewide legislation excluding any need to deal with localities in
Virginia.
• We reviewed two ORPs for the period of 7/2/16 through 7/9/2016 and found the
following available accommodations:
For 2 guests-427 listings
For 4 guests-366 listings
For 8 guests-152 listings
August 2, 2016
5
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
New Business Modet
(continued)
d0 4 mil '^ i?3"A iM... ' _.. �. ...
+. ..,,..
The Commission of the Revenue's Office is attempting to ensure compliance of this growing Business
Model:
What Are We Doing?
Compliance Efforts
• Revenue Investigators regularly review ORPs for unregistered rentals and
use Google Maps to help locate properties.
• Owners of located properties are identified through a search of City real
estate records and then sent a letter or summons requesting them to
contact our office concerning the local TOT.We then create a local TOT
account(s)and assess uncollected local TOTs.
• Property owners that do not respond are issued a statutory assessment
based on available information.
• Our website( )explains the local TOT.We also receive
and follow up on anonymous calls,letters and emails regarding suspected
lodging operators.
August 2, 2016
6
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
What Are We Doing?
(continued)
• We are negotiating with two companies that claim to have
technology identifying Virginia Beach properties and owners
offering short-term rentals via ORPs.
• We'are analyzing the product to determine its cost
effectiveness.
• I am working with Bob Matthias,my statewide association,
VML,VACO,affected business and neighborhood
associations.
Below are Mr. Kellam's recommendations:
Recommendations
• Immediately adopt ordinances with appropriate penalties for lodging
businesses that do not register as trustees for the TOT.
• Provide General Assembly delegation with a resolution addressing
short-term lodging issues that protects neighborhood quality and our
community standards while encouraging business formation in
accordance with the principles of free enterprise and our City vision of
the future.
• Over the fall,personally reach out to residents about transient lodging
in neighborhoods and advise them of pending state legislation.
4
August 2, 2016
7
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Mayor Sessoms expressed his appreciation to Mr. Kellam and his stafffor their work.
August 2, 2016
8
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Robert Mathias, Assistant to the City Manager, continued the presentation:
PRESENTATION TO CITY COUNCIL
ADDRESSING VIRGINIA'S HOME
SHARING ECONO '
LOOKING AT AIRBNB,HOMEWAY,AND OTHER ONLINE
HOSTING PLATFORMS
AUGUST 2,2016
Below are the top nine (9) Hosting Platforms for AIRBNB's:
A HOSTING PLATFORM IS AN ONLINE SITE MATCHING GUESTS
WITH HOSTS.HOW MANY ARE THERE?MORE THAN 15...HERE ARE
V.l• •
Hosting Platform Number of Units/Hosts
Where
ga1111.- 550,000 192 Countries
300,000 179 Countries
• Worldwide
575,000
(HomeAway)oomarama 120,000 6,000 Destinations
260,000 Worldwide(mostly Europe)
2121.1111111.111 330,000 Europe/Asia
2 million Worldwide
•utpost Worldwide
400,000
ouch Surfing Worldwide
629,148
2
August 2, 2016
9
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
PiIRBB --
NHOW DOES IT WORK.
HOST REGISTERS AND ADVERTISES WITH AIRBNB-A HOUSE,APARTMENT,COTTAGE,CONDO,BUNGALOW,OR JUST A ROOM.
HOSTS FILL OUT A DESCRIPTION,TAKE AND UPLOAD PHOTOS,AND PICK A PRICE.
HOST SET THE RULES FOR WHO STAYS AND WHEN.BOOKING AND GUEST PREFERENCES HELP HOSTS FIT THEIR LIFESTYLE.
SOME HOSTS OFFER BREAKFAST,OTHERS ARE MORE HANDS-OFF.
MOST HOSTS CLEAN ALL THE SPACES A GUEST CAN USE,AND MAY PROVIDE ESSENTIALS LIKE CLEAN SHEETS,TOWELS,AND
TOILET PAPER.AIRBNB HANDLES ALL OF THE PAYMENTS.GUESTS ARE CHARGED BEFORE THEY ARRIVE.
HOSTS ARE PAID VIA PAYPAL,DIRECT DEPOSIT,AND INTERNATIONAL MONEY WIRE.PAYMENT IS AUTOMATICALLY SENT 24
HOURS AFTER YOUR GUEST CHECKS IN.
LISTING YOUR AIRBNB IS FREE.AIRBNB TAKES A 3%HOST SERVICE FEE ON EACH RESERVATION AND COLLECTS HOST
CHARGE OF 9%OF RENTAL.
.., HOSTS CAN CHARGE WHAT THEY LIKE
AIRBNB is illegal in New Orleans, yet there are over 3,800 listed in March 2016:
VIRGINIA IS NOT ALONE IN DEALING WITH THE LODGING
SHARED ECONOMY
A,,r,1U Ii5),,9s in Naw O,Iaa„s(March 7615)
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There were 3,857 listings In New Orleans on Airbnb in March 2016,WHERE IT IS ILLEGAL.
August 2, 2016
10
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Below is some background regarding AIRBNBs:
A LITTLE BACKGROUND
• IN LATE 2015,THE VIRGINIA RESTAURANT LODGING&TRAVEL ASSOCIATION(VRLTA)NOTIFIED THE
CITY OF VIRGINIA BEACH THAT AIRBNB(ONE OF MANY ONLINE RENTAL PLATFORMS)WOULD
CHAMPION LEGISLATION SEEKING A STATEWIDE MEASURE LEGALIZING THMR BUSINESS MODEL.
• IN DECEMBER,VRLTA MET WITH THE CITY,INCLUDING DEPUTY CITY MANAGER,DOUG SMITH;
ASSISTANT TO THE CITY MANAGER,BOB MATTHIAS,AND THE CITY'S EXTERNAL LOBBYIST,ANGIE
BEZIK.
. IN AN ATTEMPT TO BUILD OFF THE POSITIVE RESULTS FROM UBER AND LYFT'S GROUNDBREAKING
LEGISLATION,AIRBNB ASSEMBLED A LOBBYING TEAM AND LEGISLATORS WHO ARE FAMILIAR WITH
THE
LEASING EW"SHARING ECONOMY."EE THERE AREWHIMHOSCTHAN OWNED 15 BY HER R NATIONAL INTERNET BASED
PL
.(I
IA)
THEIR STRATEGY WAS TO"STRIKE WHILE THE IRON WAS HOT,"AND HAVE AIRBNB FOLLOW THE
SUCCESS LEGISLATIVE MODEL AND RELATIONSHIPS THAT BENEFITED UBER/LYFT.WHILE THEY ARE
BOTH"EMERGING BUSINESS MODELS,"THE OPPOSITION AND BROAD,NEGATIVE IMPLICATIONS
PRESENTED BY THE SHORT-TERM LODGING ISSUE ARE VERY DIFFERENT FROM ANY SIMILARITIES IN
THE"ONLINE PLATFORMS"USED TO"E-HAIL"RIDES(LYFT/LIBER)OR SECURE SHORT-TERM LODGING..
Local Governments and the Hospitality Industry oppose AIRBNB Legislation:
LOCAL GOVERNMENTS AND HOSPITALITY
TRY o 'P o E 1' : E I_ LATI o
AIRBNB SPENT MUCH OF 2015 CRAFTING LEGISLATION TO CREATE A STATE WIDE TAX
COLLECTION AND REMITTANCE SCHEME,(INCLUDING DISCUSSIONS WITH VIRGINIA
DEPARTMENT OF TAXATION),FOR USERS AND TO PREEMPT MOST LOCAL GOVERNMENT
REGULATIONS. THEY WAITED UNTIL LATE 2015 TO APPROACH SELECT LOCAL
FINALSS THEIR BILL.
HOTEL
DRAFT WAS NOT AVAILABLE TO REVIEW UNTIL JANUARY 12 THE AY BEFORE
SESSION.
c, MOST OF THE CONCERNS EXPRESSED BY LOCAL GOVERNMENTS,HOTELIERS,AND THE
TRADITIONAL BED AND BREAKFAST INDUSTRY WERE NOT INCLUDED IN THE LEGISLATION.
CONTENDS
STATE LEGISLATION PERSONAL
RESIDENCES"AND AREHEPING HE AND LOCALITIES RECOUP LOST
THE LEGISLATION DID FAR MORE THAN THE SIMPLE DESCRIPTION ALLEGED. OPPOSITION
FROM THE LODGING COMMUNITY,LOCAL GOVERNMENTS,AND SEVERAL LOCAL
CHAMBERS OF COMMERCE WAS INTENSE.
August 2, 2016
11
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Senator DeSteph championed legislation seeking to balance the concerns of Hoteliers and local
governments while allowing a legal pathway for AIRBNB competitors:
THE LEGISLATION
AIRBNB'S LEGISLATION,"LIMITED RESIDENTIAL LODGING ACT"WAS PATRONED BY',A
FROM THE ORIGINAL
(:y1', IAND E # ,t S e§Sia3_.. 1
VERSION OF THE BILLS(FILED JANUARY 12,2016)UNTIL THEIR FINAL DISPOSITION(MARCH
2016),THE BILLS WERE AMENDED SEVERAL TIMES AND WERE HEARD BY MULTIPLE
RSION WAS
ED AND PASSED,BUT SENT TO
TCOMMITTEES.HE HOUSING STUDYCOMMISSIONFOR STUATELY,THE SENATE DY WITH A REPORT DUE BEFORE DECEMBER 1,
2016.
THE LODGING INDUSTRY FILED THEIR OWN LEGISLATION,SEEKING TO BALANCE THE
CONCERNS OF HOTELIERS AND LOCAL GOVERNMENTS WHILE ALLOWING A LEGAL PATHWAY
FOR AIRBNB AND COMPETITORS. ( 111 ' 1° ."s >AND DELEGATE SCOTT TAYLOR
CHAMPIONED THE LEGISLATION. UNFORTUNATELY,BOTH BILLS WERE DEFEATED
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i{ = a
It is important to note that AIRBNB wants to deal only with the Commonwealth and not the individual
localities:
THE LEGISLATION (CONT.)
AIRBNB'S LEGISLATION SOUGHT TO:
ESTABLISH A STATE E TAX
REMIT ALL STATE AND ILOCAL TAXESCOLLECTION
ONBEHALF OF THE ALL PROPERTIES RENTED THROUGH THE
PLATFORM;
THE DATA WOULD BE ANONYMOUS ND GIVEN AS A LUMP PAYMENT TO THE VIRGINIA DEPARTMENT
OF TAXATION,WHO WOULD THEN BE RESPONSIBLE FOR SENDING THE LOCAL PORTION TO EACH
LOCALITY;
AIRBNB WOULD PROVIDE THIS SERVICE TO ANY TYPE OF PROPERTY LISTED ON THEIR WEBSITE.
TYPES OF PROPERTIES INCLUDE(PRIMARY PERSONAL RESIDENCE,SECONDARY PROPERTIES,
INVESTMENT PROPERTIES,MULTI-UNIT BUILDINGS);
PREEMPTION OF MOST LOCAL ZONING FOR PRIMARY PERSONAL RESIDENCES ONLY;
REQUIREMENT THAT ONLY PRIMARY PERSONAL RESIDENCE OWNERS REGISTER WITH THEIR
LOCALITY FOR PURPOSES OF BPOL;
OCCUPANCY SET BASED ON A FORMULA OF 2 PERSONS PER SLEEPING AREA PLUS 2 ADDITIONAL
INDIVIDUALS WITH NO DEFINITION OF SLEEPING AREA AND NO LIMIT ON NUMBER OF VEHICLES;
AIRBNB WULD NOT BE
TION
OWNERS,FREQUENCYIOF RENTALS,RENTER DETAILS,BLE FOR ENFORCING OR REPORTING OR USER COMPL NCE WITH ABOUT
PROPERTY
APPLICABLE LAWS.
August 2, 2016
12
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Health, Safety and Welfare continues to be of concern for the City:
LOCAL GOVERNMENT ISSUES
ZONING/LAND USE-SEVERAL JURISDICTIONS HAVE ORDINANCES PROHIRITING/CURTAILINGTHESE ACTIVITIES.AS PROPOSED,THERE IS NO WAY FORA
LOCALITY TO REGULATE OR ENFORCE LOCAL RULES UNLESS A COMPLAINT IS MADE.PROPERTY O WNERS HAV E A 1110117 TO QUIET ENJOYMENT OF THEIR
HOMES.
HEALTH,SAFETY,WELFARE_AIRIINB'S LEGISLATION PREEMPTS LOCAL AUTHORITY TO CONDUCT SAFETY INSPECTIONS(SMOKE ALARMS,PEST
INFESTATION,FIRE EXITS,ADEQUATE PARKING,ETC.)IF ALCOHOL IS INVOLVED,VIRGINIA ALCOHOLIC BEVERAGE CONTRL BOARD(ABC)HAVE
JURISDICTION.THE PREEMPTION WAS MEANT FOR RESIDENCES ONLY,BUT WITHOUT A MEANS OF IDENTIFYING THE PROPERTY USERS,THERE IS NO WAY
TO ENSURE COMPLIANCE;
REVENUE-AIRBNB PROPOSES TO COLLECT AND REMIT ALL TAXES OWED TO VIRGINIA DEPARTMENT OF TAXATION FOR LATER DISTRIBUTION TO
LOCALITIES THE FOLLOWING TAXES hiLLAPPLY:SALES AND USE TAX(STATE,LOCAL,AND REGIONAL),TRANSIENT OCCUPANCY TAX(BED TAX),SPECIAL
SERVICE DISTRICT TAXES.TAX DATA WILL BE ANONYMOUS AND AUDITING CAPABILITIES FOR THE STATE ARE LIMITED AND NO DATA TO BE REPORTED TO
THE LOCALITY;
REGULATION OF BUSINESSES-THE REQUIREMENT FOR BPOL REGISTRATION IS DIFFICULT TO ENFORCE DUE TO A LACK OF AUDITABLE RECORDS OR A
LIST OF PROPERTY OWNER INFORMATION;
CITY MMISSIONER OF REVENUE ESVER
n ERTISED
WITHIN TIIE CITY OF VIRGINIA BEACH(STATE SALES,LOCAL
I.00ALTRANSIENT,REGIONAL SAI.ES,T&BED TAO)ON AT'LEAST II D IF
SALES ,
NT PLATE RMS.SOME OF TIIESE ARE FROM FIRMS WHO REPORT TAXES,
POSSIBLE AMENDMENTS:
AI.I.O W CERTIFICATION FOR HEALTH/SAFETY ISSUES;OR A CERTIFICATION FROM N.ACH PROPERTY OW
NER
ALLOW"REAL"ACCOUNTING OF EV ERY PROVIDER-AUDITABILITV OP THESE CURRENTLY INLICENSED LOCAL LODGING BUSINESSES.
ALLOW MEANS TO DETE.RMINE COMPLIANCE WITH LOCAL BUSINESS LAWS;
SOME LIMITATION ON PARKING AND SIGNAGE,WHERE APPROPRIATE;
REQUIRE IMMEDIATE DE LISTING OF LOCAI.LODGING BUSINESSES WIIO ARE NOT IN COMPLIANCE;
REQUIRE SI DSTANTIAL PENALTIES TO LOCAI.LODGING HIISINESSES AND HOSTING PLATFORM FOR NON-COMPLIANCE/FAI LURE TO DE LIST
TAXES UNDER CONSIDERATION
0/ STATE®IONAL SALES TAX 6%
1%TO LOCALITY OF COLLECTION
1%TO LOCALITY OF BASED ON PERCENTAGE OF SCHOOL AGE CHILDREN
.7%TO HAMPTON ROADS TRANSPORTATION AUTHORITIES
.5%TO VDOT(HAMPTON ROADS RECEIVES APPROX.20%)
su, LOCAL TAXES=30 MILLION/YEAR
VIRGINIA BEACH TRANSIENT OCCUPANCY TAX
8%+$1/NIGHT/ROOM($2 AFTER JANUARY 1,2017)
SANDBRIDGE 9.5%
to
August 2, 2016
13
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Below are the issues for the Hospitality Industry:
HOSPITALITY INDUSTRY ISSUES
U E HOSTING PLATFORMS AND OPERATE AS UASI-HOTELS WITHOUTDTHAT UNITS(OR ENTIRE BUILDINGS)
F ILLEGAL HOTELS- ZONING OR PUBLIC SAFETY
PROTECTIONS;
EQUITABLE BUSINESS TREATMENT-LICENSURE,STATE AND LOCAL REGULATION,TAXATION OF SHORT
TERM RENTALS THAT ARE RUN AS BUSINESSES;
DE-LISTING-RENTALS THAT CANNOT DEMONSTRATE COMPLIANCE WITH LOCAL AND STATE LAWS
SHOULD NOT BE ALLOWED TO BE ON THE HOSTING PLATFORM(AND PENALTIES FOR FAILURE TO DE-
LIST NON-COMPLIANT PROPERTIES);
TRANSPARENCY-RENTALS SHOULD BE LISTED WITH TAX ID/LICENSE INFORMATION AND A METHOD
FOR REPORTING VIOLATIONS;
ACCOUNTABILITY-JUST LIKE HOTELS,TAX COLLECTION AND REMITTANCE INFORMATION SHOULD BE
SUBJECT TO AUDIT BY STATE AND LOCALITY;
DATA COLLECTION-TO ASSIST WITH TOURISM PROMOTION,AGGREGATED STAY INFORMATION SHOULD
BE AVAILABLE TO STATE AND LOCAL TOURISM OFFICES. ti
wean single fl bed me motels—
entity
impacted
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)
co
A4
Quiet Enjoyment Provided by:Northern Virginia
Homeowners
August 2, 2016
14
CITY COUNCIL'S BRIEFING
AIRBNB
ITEM#66184
(Continued)
Below are the Next Steps:
NEXT STEPS
THE FINAL BILL REQUIRES THE VA HOUSING COMMISSION TO STUDY THE ISSUE AND SUBMIT A
REPORT TO THE GENERAL ASSEMBLY BY DECEMBER 1,2016.
7., THE HOUSING COMMISSION CREATED A WORK UP TO
ED
FOR THE FULL COMMISSION TO REVIEW.THE NEXT DEVELOPOPO.MEETING IS AUGUSTMEMBERS LEGISLATION
INCLUDE:
DELEGATE CHRIS PEACE(HOUSE BILL PATRON)
AIRBNB
TRAVEL TECHNOLOGY ASSOCIATION
HILTON WORLDWIDE(ON BEHALF OF NATIONAL CHAINS)
VIRGINIA RESTAURANT,LODGING&TRAVEL ASSOCIATION(VRLTA)
THE BED&BREAKFAST ASSOCIATION OF VIRGINIA
VIRGINIA ASSOCIATION OF COUNTIES(VACO)
VIRGINIA MUNICIPAL LEAGUE(VML)
COMMISSIONERS OF REVENUE ASSOCIATION OF VIRGINIA
VIRGINIA DEPARTMENT OF TAXATION
VIRGINIA ASSOCIATION OF REALTORS
INDEPENDENT INSURANCE AGENTS OF VIRGINIA
NORTHERN VIRGINIA APARTMENT BUILDING ASSOCIATION
PROPERTY OWNERS'ASSOCIATION
PHU FORWARD
SUGGEST CONTINUED CLOSE SCRUTINY OF HOUSING STUDY COMMISSION WORK
REPORT BACK TO CITY COUNCIL WHEN THE HOUSING STUDY COMMISSION ISSUE
IT'S REPORT
m CONTINUE PUBLIC EDUCATION PROGRAM OF THIS ISSUE.
Mayor Sessoms expressed his appreciation to Mr. Mathias and the Lobbyists for their work on this issue.
August 2, 2016
15
CITY MANAGER'S BRIEFINGS
OUTDOOR PLANS
ITEM#66185
4:58 P.M.
Due to time constraints, this presentation is rescheduled to August 9, 2016 Workshop.
August 2, 2016
16
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
4:59 P.M.
Mayor Sessoms welcomed Kevin Kemp—Planning. Mr. Kemp expressed his appreciation to City Council
for their continued support:
Virginia Beach
•
Planning Items
d0 Y
J k m
'm :: ' k� August 16th, 2016 City Council Meeting
Ten (10) items are scheduled to be heard on August 16th:
SUMMARY — August 16th
Ten Planning items are proposed for City Council's consideration.
1. Aldi(N.C.)LLC—Lynnhaven District
• Conditional Change of Zoning(R-15 to Conditional 6-2)
2. Traditional Concepts—Princess Anne District
• Modification of Conditions(Religious Use) s
• Conditional Change of Zoning(R-15 to Conditional R-10) 1y7.
3. Direct Independence—Kempsville District T "
• Conditional Change of Zoning(0-2 to Conditional 8-2)
YtL,:h
4. Tisha Harrison,Royalty Salon—Kempsville District
• Conditional Use Permit(Hair Care Center)
5. Cheryl McIntosh—Centerville District �
• Conditional Use Permit(Child Care Education Center within a Church)
August 2, 2016
17
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
SUMMARY — August 16th
Ten Planning items are proposed for City Council's consideration.
6. Virginia Gentleman Foundation,Inc.—Beach District
• Conditional Use Permit(Forestry)
7. Divaris Corner,LLC—Bayside District
• Conditional Use Permit(Private College) �
8. MMR Associates,LLC—Princess Anne District
• Conditional Change of Zoning(AG-2 to Conditional B-2) t/
9. City of Virginia Beach
• Ordinance to Amend the Coastal Primary Sand Dune Zoning Ordinance
10. City of Virginia Beach
• Ordinance to adopt the City of Virginia Beach Outdoors Plan 2016
r•
Aldi (N.C.), LLC
Council District:lynnhaven
Location:929 First Colonial Road
; q4 <<y' Vit; a
Conditional Change of � f 3 ' „�q
0 2 f^ F
Zonin 1�" R15 , ; F •
(R-15 Residential to
Conditional B-2 o z
Community Business) ,-
' oz
o
•
Planning Commission r `O
voted 8-2,with one r-�
abstention,to recommend st Rae n t
approval. -
RLS b-2
� - }. ,- r�Fez 7e`�� � ��,�""�: b�„
.-3r"§'fir T•I.Ci. � ,"`�.. ,, �w� ..
August 2, 2016
18
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
Aldi (N.C.), LLC
• The subject site currently is developed with a church and gymnasium.
• The applicant requests a change of zoning from R-15 Residential to Conditional B-2 Community Business for the purpose of
developing the site with an Aldi grocery store.
• Access to the site will be via First Colonial Road at an existing signalized intersection.
• The proposed building is located towards the rear of site.A grassy area will remain between the parking lot and First Colonial
Road.
• Significant landscaping will be installed adjacent to the existing residential properties and along First Colonial Road.
I
r a i. j iiiN%i Av
•
_ �... t aim
Aldi (N.C.), LLC
• The site is located within the greater than 75 dB DNL noise zone.Residential and church uses are not
compatible uses,as per Article 18(AICUZ)of the Zoning Ordinance.
• Proposed building is predominately brick.Horizontal brick columns,varying rooflines,EIFS accents,and a
canopy are provided for enhanced visual interest.
August 2, 2016
19
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
Aldi (N.C.), LLC
• Opposition was present at the Planning Commission hearing.A majority of the concerns were with the volume of
traffic along First Colonial Road.
• Most of the opposition was generated from the townhome development on the eastern side of First Colonial
Road(Southall Quarter).
q -0
e N o
Traditional Concepts, LLC 2.
Council District:Princess Anne
Location:4125 Indian River Road
Modification of Conditions 7//,‘,
(Religious Use)
F
Conditional Change of
Zomn S k 49
(R-15 Residential toi � �
Conditional R-10
Residential)
7.
Planning Commission
voted 8-3 to recommend
approval.
August 2, 2016
20
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
Traditional Concepts, LLC t
Two requests are included
/
ya- ;
1. Applicant requests a modification of
iprevious use permit for the church • -- ..;-
reduce the area of the church site
from 10 acres to 1.8 acres. -_ -- -- ',-s,•
2. The applicant requests a conditional - . t
change of zoning to subdivide the *` a+5 .I
remaining land into 14 lots and
develop the site with single-family
dwellings.The existing single-family
home on the site will remain
• Opposition was present at Planning """".,•_..
Commission related to existing
stormwater management issues with
the pond.Staff has met with the
opposition and is addressing the issue
as soon as funding becomes
available. 4t, ,,. .�
Direct Independence
Council District:Kempsville
tocation:449,457,465 Independence Boulevard
Conditional Change of �/
Zonin
(0-2 Office to Conditional
B-2 Community Business) / �
e
�&
Planning Commission o < l
voted 11-0 to recommend ��� ►►
approval. ,\ "� '� .. '
41i
August 2, 2016
21
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
tli
ITEM#66186
(Continued)
Direct Independence ��¢ ` . .
• The applicant wishes to change the zoning of the • f . ,aif
property from Office to Community Business for the xs Lw
purpose of developing the site with a commercial : _
strip center. .
• The commercial center will include a restaurant, sit: -
retail space,and second floor office space. .• -
• The site plan shows one entrance from
Independence Boulevard that will be right-in/right- *. .
out. .
• A 15-foot buffer with Category IV landscaping will °. d ," ,_.•
line adjacent to �.'2'` l •-'$be planted along the progeny 1
residential lots.
4 Tishia Harrison, Royalty Salon
Council District:Ke111pSVl��e
Location;4867 Baxter Road
\,, r 41/4' ' ''//\\\.''. • %., /
Conditional Use Permit a,� y 'g '� o.:\ ,6, ).
,,,.., , ,..,,,,:. ,, . ,t.i , ev
(Hair Care Center) , s
Planning Commission \<�` \ / \ 0.2 ,
voted al, to recommend \:\\,,:,4,,,
tib 4�4,,,z,,,,/,,7,/ V t
approval. s r > ,i /// e_,n•
023/ \ 4 ,
Ac•k ®�
August 2, 2016
22
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
Tishia Harrison, Royalty Salon
� - ��Existing
• The applicant wishes to operate a hair salon within an :,, i ingress/Egress ix.
existing office complex. ' ' v.. N.
• The owner has been licensed by the Commonwealth cua
of Virginia Board for Barbers and Cosmetology for the "
previous ten years.
Existing
• No changes to the exterior of the building are Earking
proposed with this application.
� � •
Existing
�y
. -". Building
Cheryl McIntosh
Council District:Centerville 5
Location:6049 Indian River Road
tr.
Conditional Use Permit ex I � I s ` 1 r° d
(Child Care Center within - ' �: ° re
a Religious Use) B4 '''- 11';'-- 2..N.a - "
�. '"3
' si
F r ,
. � we
si
Planning Commission jz
voted O to , — 4 /,u I
recommend approval. R4:5 „ } ' ,. o z �' "4' e,
,
Vu :ilrsw ' t 'L'''''' '''
' '
7.
k`..irh ..t .n A
August 2, 2016
23
CITY MANAGERNGIT 'S IEN
PLANNIEMSBRPENDING
ITEM#66186
(Continued)
Cheryl McIntosh ��> t ,'
The applicant wishes to operate a child care center in a
a
•
2,200 square foot fellowship hall within an existing �
church building.
No exterior changes are proposed to the building.There
• will be a small,fenced playground at the rear of the . K r:�-
building. ��> '
wain"cm.h
,
Y C M.r wNhln eh•
CA rcA
' R
1 i
i�`
M n+YVo �,
6 Virginia Gentlemen Foundation, Inc. &
City of Virginia Beach
Council District:Beach
�ocation:1181 Prosperity Road
Conditional Use Permit , + 'ig'7,-,/,„/;...-;,,,!/;3:::!
Forest
uc Ij jl�. G
Planning Commission /%;; $
�� ie.
voted 11-0 to recommend I� , ����/ ��„••„ r' �°�� �
approval. '12'1" ,.
�,,, ",,,,/
7 r F�iiiii iii
€1a�rr?,�e�j(ii l; ' X53,
Opposition was present at F f,''''''',/////''.77.
�/,// , p p s -
the Planning Commission ' +, //r,/;�/ s
ti iir i/ a ,' ,,
Hearing. 4,'
August 2, 2016
24
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
Virginia Gentlemen Foundation, Inc.
• Applicant was granted a Use Permit for Outdoor
Recreation in 2013 -------------------
• The City entered into 40 year lease with the PHASE I
applicant for 69 acres of the 132 acre site
• The recreational facility is intended for persons with
special needs,wounded veterans,and families of ),
fallen heroes -4-.
• Phase I includes a lake,aquatic center,splash-park
ropes course,wellness center,all purpose fields, II:z.'„rt.: " I; 7.--- ,---
cafeteria.and other camp related facilities , J. ...2-'` -g-
4v.,:, -.--z-,.. , .4....
Iz•,•,:i,
......77' , ,,.., ,.74::,:•,-,::-::•ri t, :
. ', ...,- 4-11.1.41k_t 1 i,.'4:',.. :,,,,,0-•-t, 1.-
..,-
, , , , ,S4• • ,• 1, , >1 <
igen Mad 0
Virginia Gentlemen Foundation, Inc.
• Phase II of the Development was identified on the
approved site plan as"Future Expansion Area,
Subject to CUP Review and Approval."
• This Conditional Use Permit request for forestry ,...,
.„,...,tR. ...
involves the approximately 6-acres that has been I j-..,,„,..-).,„•)),„ii,••e j„,„,,.„,,,,,t. v.:J.,-
cleared for preparation to Phase II development ' XI t-tr J, ,, •III. ' ),.,',I,4., -.4 .
',,,1)-,-11,-.-II-' •-' )))""I''"""" I:4 , P "
• The applicant obtained a logging permit in March
2016 from the Permits&Inspections Division, -F---I---_2=7::-....,.,,t,,,7!__ ; -:::::
however,it was not realized that a Use Permit is *'-:-..::-. - -:---...: • ,j 14,j1j‘..,,,,,---
required for this activity within the P-1 Preservation tj ,‘ II ,,,,..,,,,,,_
° l :" '
District.
'.• -", \ 1 11/414Wi"I"'", ,,,-.. •4'4: .0.ros- i'-'7.-7- ,V,‘
13`' $
... I. 1,,:.
. ,
August 2, 2016
25
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
Virginia Gentlemen Foundation, Inc.
• The area that has been cleared has been identified by the Army Corp of Engineers as non-wetlands.
• l
site Citizen es visitedie filed
anddetermined that thof
were not deP bed and no vio ations wereupreseDE0).
Bthe oth genci
n- t,'' <a
e°
6 amcasmmassd� sg�mm ,v ..
a�g
ii. `� 1,.
i a „t` -
r a �. __ _>. _ `
v-ggr,i .ROAD ge,e.
Divaris Corner, LLC 7
Council District Bayside
Location:4544 Columbus Street
Conditional Use Permit , ` ! ii,i
(Private College) 9 i v "
Yp :I I voii e. �i.i.'„ A...it $'�j}r p-
h ( i RTM• • r Tt c '- a
PlanningCommission et, I` rcgmmam's... ��k ••• i
��/UIIi�//Gi j ;
voted 10-0,with one '„�r-/g. ��� ; r p
abstention,to recommend f °”r /f 9.3%/;• i. �,
approval. ,r G r,, x m a �y- * :„..,,,..c,.,
” iC�✓ `�'. ,gym-rik y "
August 2, 2016
26
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
Divaris Corner, LLC
�.l
• The University of Phoenix is relocating from i; �
its existing location in the Cosmopolitan „ u . •
Building to a new space within the Westin • nt..
Building.
• The school will initially lease approximately ,a • ,
8,500 square feet,with the option to expand ' o
to 14,800 square feet. m ,�
a
• Projected enrollment is 250 students,with • •1= ,
15 employees.
• Parking is accommodated in existing public
garages.
MMR Associates, LLC
Council District.Princess Anne
Location:596 Princess Anne Road
4
Conditional Change 0f
Zonln �� / "�� " �?
(AG-2 Agricultural to
Conditional B-2ez
Community Business) "' AGR°r°
Planning Commission
end
voted 11-0 to recomm
approval. v I Sat
,
August 2, 2016
27
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
MMR Associates, LLC
• The 1.15 acre site is zoned both AG-2 and B-2. —
• The applicant proposes to rezone the AG-2 1� •,,
portion to B-2 to allow for a 5,000 square foot . r
storage shed to be installed on the site. _ '-
• The use of the portion of the site being rezoned i
will be proffered exclusively for the storage - •� f
shed
• Shed will be used to store parts and equipment ,per
associated with the lawnmower repair business !¢ .
operating out of the front building. !I ;:,
rill.
Roo(.n Raw; "
':. NIXtR FCK h+x-.�v
.w wu
.,.... _v.JNE9 Er Ux
mo
rn:..111y ue ...:
v'; .
ti'£y.� �11 L
..
City of Virginia Beach 9
An Ordinance to amend Sections 1601, 1603, and 1605 of the
Coastal Primary Sand Dune Zoning Ordinance
• Definition of Sand Management Permit
• The fee for the SMP
• Sign requirements
August 2, 2016
28
CITY MANAGER'S BRIEFINGS
PLANNING ITEMS PENDING
ITEM#66186
(Continued)
City of Virginia Beach
1o
The adoption of the City of Virginia Beach
Outdoors Plan 2016
A master plan for the parks and recreation system,a component
of the Virginia Beach Comprehensive Plan—It's Our Future: A
W- Choice City,which will supersede the Virginia Beach Outdoors
Plan 2008
Mayor Sessoms expressed his appreciation to Mr. Kemp and the entire Planning Department for their
work.
August 2, 2016
29
CITY COUNCIL
LIAISON REPORTS
ITEM#66187
5:13 P.M.
There were no City Council Liaison Reports
August 2, 2016
30
CITY COUNCIL COMMENTS
ITEM#66188
5:14P.M.
There were no City Council Comments
August 2, 2016
31
AGENDA REVIEW SESSION
ITEM#66189
5:15 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTION
1. Ordinances to AMEND the City Code:
a. 02-455 and 2-456 re name and duties of the Department of Aquarium and Museums
b. §2-143 re confirmation of a Declaration of Local Emergency
2. Ordinance to ESTABLISH a Capital Project re CIT Human Services Client Information
System II re electronic Health records
3. Resolution to CONFIRM appointment of Matthew R. Simmons as Assistant City Attorney
4. Ordinances to ACCEPT and APPROPRIATE Grant funds:
a. $65,000 from the Virginia Department of Criminal Justice re internet crimes against
children
b. $ 4,132 from the Virginia State Police for local Police participation in the Auto Theft
Investigators training seminar
c. $451,775 from the Technology Trust Fund to the Circuit Court Clerk
August 2, 2016
32
ITEM#66190
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Beach District
Bayside District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
Jessica Tilley v. City of Virginia Beach
Watergate/Treehouse Associates Limited Partnership v. The
Board of Equalization of Real Estate Assessments for the
City of Virginia Beach
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
August 2, 2016
33
ITEM#66190
(Continued)
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into
CLOSED SESSION at 5:16 P.M.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
John D. Moss
Closed Session 5:16 P.M. - 5:50 P.M.
Council Lady Ross-Hammond departed at 5:20 P.M to participate in National Night Out celebrations in
her District.
August 2, 2016
34
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 2, 2016
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, August 2, 2016, at 6:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin and Rosemary Wilson
Council Members Absent:
John D. Moss mother recovering from fall
Amelia N. Ross-Hammond attending National Night Out events
James L. Wood arrived after start of Meeting
INVOCATION: Father Gaudy Pugat
Church of the Holy Family
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to
thoroughly review each City Council agenda to 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
January 13, 2015, is hereby made a part of the record.
August 2, 2016
35
Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank.
Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of 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 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly
review each City Council agenda to identify any matters in which she might have an actual or potential
conflict. If during her review of an agenda, she identifies a matter in which she has a `personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
Mayor Sessoms recognized and welcomed those in attendance from Boy Scout Troop 490.
August 2, 2016
36
Item—VII-E
CERTIFICATION
ITEM#66191
Upon motion by Councilman Dyer, seconded by Council Lady Kane, 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: 8-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin and Rosemary Wilson
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
James L. Wood
August 2, 2016
ou woo"
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#66190 Page 33 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.
4111.
'uth Hodges Fraser, MMC
City Clerk August 2, 2016
37
Item-VH-F
MINUTES ITEM#66192
Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of July 12, 2016.
Voting. 8-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin and Rosemary Wilson
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
James L. Wood
August 2, 2016
38
ADOPT AGENDA
FOR FORMAL SESSION ITEM#66193
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 2, 2016
39
Item- VII-H.1
PRESENTATION
ITEM#66194
NATIONAL NIGHT OUT
Mayor Sessoms declared AUGUST 2, 2016 "NATIONAL NIGHT OUT"and requested the community
join the Civic Leagues and the National Association of Town Watch in supporting the good works of this
national yearly event.
August 2, 2016
0141EB@A
Osj
49
so;��
rottamation
'WJ/!ES, the National Association of Town Watch is sponsoring a unique,
nationwide crime, drug and violence prevention program on August 2, 2016 entitled
"National Wight Out;and
WXrE IS, the '33rd Annual National Night Out"provides a unique opportunity
for`Virginia Beach to join forces with thousands of other communities across the country
in promoting cooperative, police-community crime prevention efforts and
%IIE S, the Civic Leagues play a vital role in assisting the `Virginia Beach
(Police Department through joint crime, drug and-violence prevention efforts in'Virginia
Beach and is supporting'NationalNight Out 2016"locally;and
W1I!ElS, it is essential that all citizens of'Virginia Beach 6e aware of the
importance of crime prevention programs and impact that their participation can have
on reducing crime,drugs andviolence in'Virginia Beach;and
WMEWAS, police-community partnerships, neigh6orhood safety, awareness and
cooperation are important themes of the "'NationalNightOut"program.
Now, therefore, I, William D.Sessoms,Jr.,do hereby proclaim:
August 2, 2016
watzonaCW' Fit Out "
In Virginia Beach, and I call upon our community to join the Civic Leagues and the
National-Association of Town Watch in supporting the good works of this nationalyearly
event.
InWitness Whereof, I have hereunto set my hand and caused the Official-Seal of the City
of Virginia Beach, 'Virginia, to be affixed-this Second-Day of August, Two'Ihousand*and
Sixteen. -
•
fit/aidOtH4.7.
/a
William D.Sessoms,Jr.
-
Mayor
40
Item- VII-H.2
PRESENTATION
ITEM#66195
EARLY CHILDHOOD EDUCATION
Eva Poole,Director-Libraries
Mayor Sessoms welcomed Eva Poole, Director — Libraries, and presented a Resolution commending
teachers, public library staff volunteers, parents, community leaders and students involved in EARLY
CHILDHOOD EDUCATION for their contributions.
Ms. Poole expressed her appreciation to City Council for their continued support.
The Mayor and Members of City Council noted Ms. Poole's comment of limited resources and requested
she provide that information "as no child should be waiting in line to learn to read. "
August 2, 2016
v 5
v
c: rr
lis �m`}�yJry✓y
Op OUR NAIO
RESOLUTION
WHEREAS, children's experience in their earliest years have a large effect
on their entire lives; and
WHEREAS, early childhood education can particularly help children who
are born with risk factors, whether economic,psychological, or physical;
and
WHEREAS, children who have access to high quality early childhood
education programs are better prepared for kindergarten and for success in
school; and
WHEREAS, school readiness has economic and social benefits not only for
the children who attend these programs but for all Virginians; and
WHEREAS, children who are kindergarten ready are more likely to make
the most of their educational experience; and
WHEREAS, a successful kindergarten experience is the start to a successful
completion of high school and preparation for a successful career.
NOW, THEREFORE,BE IT RESOLVED, that the Virginia Beach City
Council recognizes the importance of early childhood education to
children's future success in school and in life; and
THEREFORE,BE IT FURTHER RESOLVED, that the Virginia Beach
City Council commends teachers,public library staff, volunteers,parents,
community leaders and students involved in EARLY CHILDHOOD
EDUCATION for their contributions.
Given under our hands this 2nd day of August, 2016.
ilk ' feiti 1. ! -
ou •n Ben )avenport Co ncilman Rg P•.M. 13o6"(Dyer CouncilLady Barbara 9fen(ey
i �
��a! ,, 4 —
Council ally Sh•nn`• e it cilman John D.Moss CouncilLady(Dr. ,melia N.Ross-
/ mo J'
iii
ncilman John E.Vhrin Council Lady '••1•y`Wilson Counc Cma James L.Wood
Vice Mayor Louis ones ',Mayor'William(D."`Wilf'Sessoms,Jr.
41
Item- VII-I
ORDINANCES/RESOLUTION
ITEM#66196
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Agenda Items 1 a/b, 2, 3 and 4a/b/c.
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
42
Item-VII-L la
ORDINANCES/RESOLUTION
ITEM#66197
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
a. §§2-455 and 2-456 re name and duties of the Department of
Aquarium and Museums
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
1 AN ORDINANCE TO AMEND SECTIONS 2-455 AND
2 2-456 OF THE CITY CODE REGARDING THE
3 DEPARTMENT OF AQUARIUM AND MUSEUMS
4
5 Sections Amended: §§ 2-455 and 2-456
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Sections 2-455 and 2-456 of the Code of the City of Virginia Beach, Virginia,
11 is hereby amended and ordained to read as follows:
12
13 ARTICLE XXIV. — Department of Aquarium and Museums
14
15 Sec. 2-455. Created; composition.
16
17 There is hereby created a department to be designated the department of
18 aquarium and historic houses museums, which shall consist of a director of the
19 department, and such other employees as may be prescribed by the Charter, or by
20 ordinance, or by direction of the city manager.
21
22 Sec. 2-456. Functions.
23
24 The department of aquarium and historic houses museums shall be responsible
25 for administering and coordinating the activities and functions of the Virginia Aquarium &
26 Marine Science Center Museum and the : :- - ':- - -: --- - - '- -- = - ° 'e"-
27 a- igs the four history museums owned and operated by the city: the Francis
28 Land House, Thoroughgood House, Lynnhaven House, and the Princess Anne County
29 Training School/Union Kempsville High School Museum. The department shall also be
30 responsible for the provision of such other services as may be directed by the council or
31 the city manager.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
2nd
day of August , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
% , 7- 42&e4
A.uarium and M seums City Attorney's Office
CA13785
R-1
July 18, 2016
43
Item-VII-I.1 b
ORDINANCES/RESOLUTION ITEM#66198
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
b. §2-143 re confirmation of a Declaration of Local Emergency
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
1 AN ORDINANCE TO AMEND SECTION 2-413
2 OF THE CITY CODE PERTAINING TO
3 DECLARATION OF LOCAL EMERGENCIES
4
5 SECTION AMENDED: § 2-413
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-413 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-413. - Declaration of emergencies.
14
15 A local emergency may be declared by the director of emergency
16 management, with the consent of the council. In the event the council cannot convene
17 due to the disaster, the director or any member of the council, in the absence of the
18 director, may declare the existence of a local disaster subject to confirmation by the
19 council at its next regularly scheduled meeting or at a special meeting within fourteen
20 45 days of the declaration, whichever occurs first. The council, when in its judgment
21 all emergency actions have been taken, shall take appropriate action to end the
22 declared emergency.
2nd
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of August , 2016.
APPROV : :S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
INNIi4
,,,,,,„„da,...6
CianarDirector of City Attorney's Offs e
9--44.646
Emergency Management
CA13789
R-1
July 21, 2016
44
Item—VIII-L2
ORDINANCES/RESOLUTION
ITEM#66199
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ESTABLISH a Capital Project re CIT Human Services Client Information
System II re electronic Health records
Voting: 9-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
•
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 3-705,
2 CIT HUMAN SERVICES CLIENT INFORMATION SYSTEM II,
3 TO APPROPRIATE FUNDS, AND TO TRANSFER FUNDS
4 RELATED TO THE ELECTRONIC HEALTH RECORDS
5 SYSTEM
6
7 WHEREAS,for over ten years the Department of Human Services(DHS)has been
8 utilizing an electronic health records system (EHR) to store client demographic data,
9 schedule and record clinical services provided to individuals served by the Community
10 Services Board; report performance data to the Virginia DprBehavioral
lHealth
11 and Developmental Services; and bill for reimbursementsom Medicaid, other service
12 providers, and individuals; and
13
14 WHEREAS,the existing EHR requires replacement because the vendor is phasing it
15 out, and no longer supporting it to be in compliance with various federal or state
16 government programs' EHR data reporting requirements.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA THAT:
20
21 (1) Capital project 3-705 CIT-Human Services Client Information System II is
22 hereby established as set forth in the attached capital project detail sheet for
23 the migration, implementation of the Millennium EHR system, and periodic
24 modification as needed to function properly and to remain certified for use by
25 the various state and federal government agencies providing funding for
26 Human Services programs; and
27
28 (2) Project funding totaling $849,810 is approved as follows:
29
30 a. Transfer$503,004 from Capital Project 3-217 CIT-Human Services Client
31 Information System;
32 b. Transfer$255,000 from Capital Project 3-060 TCC Site Improvements II;
33 c. Appropriated $72,250 from Medicaid-Meaningful Use Program to Capital
34 Project 3-705, with estimated revenues increased accordingly; and
35 d. Transfer $19,556 from Human Services FY 2016-17 Operating Budget.
36
d
Adopted by the Council of the City of Virginia Beach, Virginia on the 2n day
of August 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Servic s City = 'ey's Office
CA13780/ R-1 /July 21, 2016
45
Item-VII-L3
ORDINANCES/RESOLUTION
ITEM#66200
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to CONFIRM appointment of Matthew R. Simmons as Assistant City Attorney
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
1 A RESOLUTION APPOINTING MATTHEW R. SIMMONS TO
2 THE POSITION OF ASSISTANT CITY ATTORNEY
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to § 2-166 of the City Code, Matthew R. Simmons is hereby
8 appointed to the position of Assistant City Attorney, effective August 8, 2016.
92nd
10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
11 August , 2016.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
City Attorney's 0
CA13781
R-1
July 12, 2016
46
Item-VII-L4a
ORDINANCES/RESOLUTION
ITEM#66201
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant funds:
a. $65,000 from the Virginia Department of Criminal Justice re internet
crimes against children
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO THE POLICE DEPARTMENT TO ADDRESS
3 INTERNET CRIMES AGAINST CHILDREN
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $65,000 is hereby accepted from the Virginia Department of Criminal Justices
9 Services via the Bedford County Sheriff's Office and appropriated, with estimated state
10 revenues increased accordingly, to the 16-17 SoutherOperating n Virginia InBterdget of net Crimehe Police
s Against
11 Department in furtherance of the efforts of to the
12 Children Task Force and related activities. 2nd
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of August 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tel,.
,
Budget and Management Services Cit r''ney s Office
CA13787
R-1
July 20, 2016
47
Item-VII-L4b
ORDINANCES/RESOLUTION ITEM#66202
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant funds:
b. $ 4,132 from the Virginia State Police for local Police
participation in the Auto Theft Investigators Training Seminar
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO THE POLICE DEPARTMENT TO ENHANCE
3 EFFORTS TO ADDRESS AUTO THEFT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $4,132 is hereby accepted from the Commonwealth of Virginia, Department oft e
9 State Police through the Virginia Help Eliminate Auto Theft (HEAT) Program and
10 appropriated, with estimated state revenues increased accordingly, to the FY 2016-17
11 Operating Budget of the Police Department for training to address auto theft.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day
of AugtiSt 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
OAPJ DYND-06
Budget and Management Services Ci Y f
fice
CA13786
R-1
July 20, 2016
48
Item-VII-L4c
ORDINANCES/RESOLUTION ITEM#66203
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant funds:
c. $451,775 from the Technology Trust Fund to the Circuit Court
Clerk
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
1 AN ORDINANCE TO APPROPRIATE $451,775 TO
2 THE FY 2016-17 OPERATING BUDGET FOR THE
3 CLERK OF THE CIRCUIT COURT FOR
4 TECHNOLOGY NEEDS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8Trust
9 $451,775 is hereby appropriated from the fund balance of the Technology
10 Fund, with revenues increased accordingly, to the FY 2016-17 Operating Budget for the
11 Clerk of the Circuit Court to support technological related needs and upgrades.
2nd
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
August 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ti
Budget and Management Services City ' 2240, -y's ce
CA13788
R-1
July 20, 2016
49
ITEM VH-j
APPOINTMENTS ITEM#66204
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY and MANAGEMENT TEAM(CSA AT RISK)
HUMAN RIGHTS COMMISSION
PARKS and RECREATION COMMISSION
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 9-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
50
ITEM VH-J
APPOINTMENTS ITEM#66205
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
CAPTAIN DANIEL SENESKY
EX OFFICIO
No term
BAYFRONT ADVISORY COMMISSION
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
51
ITEM VH-J
APPOINTMENTS ITEM#66206
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
LISA O'NEILL
Representing Mayor's Commission on Aging
No term
CITY SERVICES BILL AFFORDABILITY
AD HOC COMMITTEE
Voting: 9-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
52
ITEM VH-J
APPOINTMENTS ITEM#66207
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
KALE WARREN
Three year term 06/01/2016—05/31/2019
OPEN SPACE ADVISORY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
53
ITEM VH-J
APPOINTMENTS ITEM#66208
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
RYAN REYES
Unexpired term thru 08/31/2018
PUBLIC LIBRARY BOARD
Voting: 9-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
John D. Moss
Amelia N. Ross-Hammond
August 2, 2016
54
Item -VII-M
ADJOURNMENT ITEM#66209
Mayor William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 6:14P.M.
!,
manda Finl'y-Barnes, MMC
Chief Deputy City Clerk
e „a.",
' th Hodges Fraser, MMC William D. Sessoms,Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
August 2, 2016
55
PUBLIC DIALOGUE
Gayle Johnson, 8306 Oceanfront Avenue, Phone: 513-7555, represented "Neighbors for a Safer Beach",
a group of responsible dog owners in the North End. The purpose of the group is to find solutions to have
dogs under better control on the beach and make the beach safer and more enjoyable for everyone. Ms.
Johnson provided documents to City Council which are hereby made a part of the record. Ms. Johnson
expressed her appreciation to City Council for their support and hope she can count on their continued
support.
The Public Dialogue re Non Agenda Items concluded at 6:17
August 2, 2016