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07-03-2018 MINUTES „,..s24,01 iiei 't G='idd4 ac4. r r 4 Of OUR 11%0 4%4 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 3, 2018 Mayor suis R. Jones called to order the City Council's Briefing in the City Council Conference Room, Tuesday, July 3, 2018, at 2:30 P.M Council embers Present: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council embers Absent: Jessica P. Abbott Out of town—Family Vacation 2 CITY COUNCIL'S BRIEFINGS CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES ITEM#68250 2:04 P.M. Mayor 'nes welcomed Delegate Glenn R. Davis, 84`h District and Warren Harris, Director—Economic Develop ent. Mr. Harris expressed his appreciation to the City Council for their continued support: r 7, • MIN f r l moi` -:44siti,40,VA Medical Marijua ' -•.• j • ,,,.- . annabis Oil Program �` -- CITY COUNCIL BRIEFING ireigt The Honorable Glenn R. Davis Warren D. Harris JUNE 19, 2018 Here is a overview of the Virginia Medical Marijuana Law: Virginia Medical Marijuana Law I • Medical marijuana bills(HB1251 and SB726)unanimously passed in Virginia House and Senate • Governor Ralph Northam signed HB1251,in March and SB726 in April, expanding the affirmative defense for possession of medical cannabis oils to any diagnosed condition and allowing immediate enactment with his signature. • The change of law does not legalize possession, it provides an affirmative defense: patient(or their caregiver)would be able to present their signed certificate if they were stopped by law enforcement or in a court of law as their defense for possession of the oil. • The affirmative defense certificate has been updated to reflect the change in law. • Any physician licensed to practice medicine in the state of Virginia can sign the affirmative defense certificate. July 3, 2018 3 CITY COUNCIL'S BRIEFINGS CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES ITEM#68250 (Continued) Here is ,ome of the Emerging Clinical Applications for Cannabis: Emerging Clinical Applications for Cannabis PTSD Marine EPikpeyI/ Hunnnptor s Disease Guomas Uoe ple Scieros s Altnermers ATS Park-Men s - Towne Syndrome fibromyatp.a -- — a Csuoic Pain —41111110.0---. � Dystonia HIV Hepatitis C "'. - Hypetenstonr Diabetes - �4 - te. Sleep Apnea Prunes - - � GI Drswders Osteoporoses — •••y[ \h'.. - - InconbntnCe ( , - Meenatout lulus MRSA • L A/ Here are the Benefits of Cannabis Oil Production: Benefits of Cannabis Oil Production U • Cannabis oil is widely beneficial and is considered as one of the most effective oils for alleviation of certain conditions and illnesses. It impacts the brain without a high. • It has similar symptom-relieving effects as opioids especially for chronic pain but not addictive like opioids;possible solutions/glimmer of hope for the opioid epidemic • Safe and highly regulated; only five licensed providers state-wide •Virginians have the ability to stay here at home with their families and not be forced to move to another state to seek medical cannabis therapies • Local business groups expressed interest for becoming licensed providers (pharmaceutical processors) • Provides capital investment and job opportunities July 3, 2018 4 CITY COUNCIL'S BRIEFINGS CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES ITEM#68250 Here ar the requirements pertaining to Cannabis Oil operations in Virginia: What happens next? U • In 2017,Virginia approved a regulatory program for the in-state production of medical cannabis oil by five providers(one per Health Service Area) which will grow, extract, dispense and deliver the medical cannabis oils. • These licensed providers,called "pharmaceutical processors" in the code, are vertically-integrated, meaning everything from growth through dispensation is done on one site by one provider. • Once the licenses are awarded,the facility will have one year to become operational. • Once operational, patients will register with the program and then be able to fill their recommendation at one of five licensed facilities in Virginia. What happens next? • Doctors will be required to obtain Continuing Medical Education credits in medical cannabis in order to recommend medical cannabis to their patients. The annual registration fee for patients and physicians will be $50. • Required zoning:I-1;sales component cannot be more than 10 percent of the overall size of the facility • City Attorney has determined no existing code modifications are required. / . - �.`..: July 3, 2018 5 CITY COUNCIL'S BRIEFINGS CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES ITEM#68250 Delegate Davis ended the presentation with details on the Current Status: Current Status • 49 applications filed statewide: ✓15 applications from Hampton Roads;9 from Richmond, 7 from NOVA,and 18 from Southside Virginia • $10,000 filing fee by the applicant • Conditional approvals by the Board of Pharmacy expected - August 14, 2018 • Final decisions are expected - September, 2018 canna is ...,, .„.. canna ts \:,% ,:i.,, QUESTIONS? Mayor Jo es expressed his appreciation for the informative presentation. July 3, 2018 6 CITY COUNCIL'S BRIEFINGS SHORT TERM RENTAL-DISCUSSION ITEM#68251 2:22 P.M. Mayor .nes opened the Short Term Rental Discussion and provided a letter from Mark Stiles, City Attorney dated,June 29, 2018, summarizing the previous discussions held on June 26`x'which is attached hereto a r d made a part of the record. July 3, 2018 i • ,.,It'•-^, V ,, City V of ira girzil3eacl-i et `�: OF •UFMA"6 V gOV.0 n MARA 0.STILES CITY ATTORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-0004 (757)385-4531 FAX(757)3858687 TTY 711 I June 29, 2018 Ma r Louis R. Jones Me bers of City Council Mu icipal Center 240 Courthouse Drive Virg nia Beach, VA 23456 Re: Short Term Rentals Dea Mayor Jones and Councilmembers: At your workshop on June 26, the Council took a series of informal straw polls rega ding the Short Term Rental ("STR") issue. The purpose of these polls was to serve as e basis for a new draft ordinance that a majority of the City Council could support. The straw polls are not formal votes and do not commit any Councilmember to make any .pecific vote in the future but will be utilized by staff in preparing the new draft ordi -nce. This new draft ordinance would be referred by City Council to the Planning Corn ission in lieu of the three alternatives previously considered by that body and the fou version it recommended in response. There will be opportunity for public comment on t is new draft when you formally vote to refer it to the Planning Commission (pre mably sometime after your summer recess), when it is considered by the Planning Corn ission and when the ordinance returns to you for final consideration. Additional oppo unities for public comment may be provided if either the Planning Commission or the silty Council determine it necessary. You have asked me to summarize the results of the June 26 informal polls and to ident additional areas where Council discussion and direction are needed in order to prep-re the new draft ordinance. The results of these polls demonstrated majority sup.•rt for enacting an STR ordinance with the following attributes: Mayor Louis R. Jones Members of City Council Short Term Rentals June 29, 2018 Page 2 • Home sharing will be a principal ("by right") use throughout the City conditioned only upon registration with the Commissioner of the Revenue (COR) and payment of applicable Transient Occupancy Taxes (TOT). • Short term rentals would be a principal use only in designated overlay or zoning districts. Outside of those districts, a STR would require a Conditional Use Permit ("CUP"). o Note: The City must permit short term rentals as a principal/by right use in the area defined by the Sandbridge SSD boundary pursuant to legislation enacted by the General Assembly earlier this year. • All CUP's would include an expiration date. The process for renewal of the CUP after that date remains to be determined. • Whether to initially create any overlay districts (other than in Sandbridge) and the process for considering creation of overlay districts is still to be determined. • Grandfathering: All existing Home Shares and STR's (as evidenced by registration with the COR and payment of applicable TOT) will be allowed to continue. o The date for determining when a property has qualified for grandfathering and whether future alterations would affect such grandfathering is still to be determined. Issues Still to be Addressed As was discussed in the workshop, there are still several other issues to be resolved in order to present a more complete ordinance. At your direction, we have atterinpted to identify those issues still in need of resolution. Overlays The following areas have been mentioned as being potential areas where STRs might be permitted by right. Does the Council wish to identify any of these areas as allowing STRs by right in the initial STR Ordinance? • North End Overlay District • Oceanfront Resort District • Ocean Park • Cape Henry/Cape Story • Croatan • 42nd to 49th Street area M.yor Louis R. Jones M:mbers of City Council Sh•rt Term Rentals Ju - 29, 2018 Pale 3 • Old Beach Overlay • Lakewood Community • Pinewood Community Fut re Overla What will be the process for the future consideration of proposed STR overlays by t e Council? • Traditional zoning process vs. "SSD" type process vs. other Gra dfatherin. Details • What is the effective date for grandfathering? • Do material alterations to the structure affect grandfathered status?(In other words, can the grandfathered STR be enlarged and still maintain its grandfathered status?) CUP Ex•iration and Renewal • For what period is the initial CUP active? • At the expiration date what review is required? o Administrative review vs. new council action • • •li -ble Re•ulations • Should these regulations be contained in the City Zoning Ordinance or Chapter 15 of the City Code? • Should the ordinance require all STRs to post summaries of applicable City regulations? • Should all STR's be required to maintain $1,000,000 of insurance coverage applicable to the STR activity? • Should the ordinance prohibit STRs from having amplified noise between 10:00 p.m. and 10:00 a.m.? • Should the ordinance explicitly require that trash be placed in automated bins (with private Saturday pick-up in Sandbridge)? • Should the ordinance require that a point of contact be identified who can be present at the STR within 30 minutes? Ma •r Louis R. Jones Me bers of City Council Sho Term Rentals Jun: 29, 2018 Pa. ; 4 • Should the ordinance provide that a Special Events permit must be obtained for any event with an attendance of over 50 people and with a maximum • attendance of 100, with a limit of 3 permits per property per year? • Should the ordinance provide that a sign of up to 4 square feet be permitted at each property? • Should the ordinance require a fire extinguisher and (where natural gas service is present) carbon monoxide detectors be installed in each STR? • Should registration and the payment of TOT be required? • What should be the maximum occupancy of the STR? o 2 per bedroom +2 or 3 per bedroom +2 or other • What should be the permissible number of rental contracts per consecutive 7 day period? o No limit or 1 or 2 or multi-family(2)vs. single family(1)distinction • What parking requirements should be imposed? o Must all guests be able to park onsite or is off-site parking permitted? o Is any onsite parking requirement based on number of bedrooms or the overall size of the STR or some other factor? o Should the operator be required to submit to the City a parking plan? I recognize that this is a substantial list of issues. And this listing may not be defi itive or complete. It does, however, encompass many of the topics that have been identified and discussed in the previous STR ordinance iterations. Please contact me if I can provide additional information or assist you in any way. Sincerely, i\ JV„ ✓ >.-- Mark D. Stiles City Attorney cc: David L. Hansen, City Manager Barry Frankenfield, Planning Kevin Kemp, Planning 7 CITY MANAGER'S BRIEFING ASHVILLE PARK COST PARTICIPATION AGREEMENT ITEM#68252 3:30 P.M. Mayor ones welcomed Thomas M Leahy, Deputy City Manager. Mr. Leahy expressed his appreciation to the Ci Council for their continued support: _ition Agreement% Ashville Park Drainage Improvements Phase City Council Information Briefing-July 3, 2018 Thomas M. Leahy, Deputy City Manager Here is a Overview of the Ashville Park Modification of Proffers Request: Ashville Park Modification of Proffers Request Recommended by Planning Commission and staff in 2015 and deferred by City Council until July 3, 2018 1. Request to transfer units amongst Villages B,C,D,&E •Village C: 98 lots 4 116 lots • Recover 5 lots that were never constructed in Village B •Village D(+3 lots),Village E(-16 lots) 2. Request to modify lot size restrictions in Villages C,D,E Currently Proffered Plan Proposed Modification Number Lot Width Minimum Number Lot Width Minimum Units In Feet Lot Size Units In Feet Lot Size Village C 98 100 20,000 SF 116 120 45 at 18,000 SF 90 71 at 13,500 SF Village D 41 100 12,000 SF 44 80 12,000 SF Village E 56 100 12,000 SF 40 100 20,000 SF Total Units 195 200 July 3, 2018 8 CITY MANAGER'S BRIEFING ASHVILLE PARK COST PARTICIPATION AGREEMENT ITEM#68252 (Continued) Here is • comparison of the Current Proposal for the Ashville Park Cost Participation Agreement and Proposa 2: Ashville Park Cost Participation Proposals Option No Cost CAA Proposal 1 CPA Proposal 2 CPA Proposal 3 Participation Current Request Village C Lots(0) 98 116 Lot Restrictions Modified No yes Developer Cost Share $0 $3.1M City Cost(excluding ROW) $13.4M• $8.0M City Cost for BMP 10A TBD $0.4M City Cost for other ROW TBD $0 City ROW Cost-Total TBD $0.4M SW Credits to City TBD $2.1M Existing Lots Villages A/B 299 299 Lots in Village C 98 116 Lots In Village D 41•• 44 Lots in Village E 56 40 Total Lots in Ashville Park 494 499 Cost Store on Favorable Bids N/A 50/50 after first$1M Construction Schedule 7/19-7/21 4/19-6/20 'Construction cost nigher due to off-site deposal for excavated matenal "Existing lot restrictions conflict with Bhw IlM and Canal IOa construct. Here is a comparison of the Current Proposal for the Ashville Park Cost Participation Agreement and Proposal 2 and 3: Ashville Park Cost Participation Proposals Option No Cost CPA Proposal 1 CPA Propossl 2 CPA Proposal 3 Participation Current Request Village C Lots(g) 98 116 98 Lot Restrictions Modified No yes yes Developer Cost Share SO $3.1M $0 City Cost(excluding ROW) $13.4M• $8.0M $11.1M City Cost for BMP 10A TBD 50.4M $0 City Cost for other ROW TBD $0 $0 City ROW Cost-Total TBD $0.4M SO SW Credits to City TBD $2.1M $2.1M Existing Lots Villages A/B 299 299 299 Lots In Village C 98 116 98 Lots In Village D 41•• 44 44 Lots In Village E 56 40 40 Total Lots in Ashville Park 494 499 481 Cost Share on Favorable Bids N/A SO/50 after first$1M 9034 to City Construction Schedule 7/19-7/21 4/19-6/20 4/19-6/20 •Construction cost nigher due to off site disposal for excavated material "Existing lot restnctions conflict with and Canal 161 construction July 3, 2018 9 CITY MANAGER'S BRIEFING ASHVILLE PARK COST PARTICIPAHON AGREEMENT ITEM#68252 (Continued) Here is , comparison of all the Proposals for the Ashville Park Cost Participation Agreement: Ashville Park Cost Participation Proposals No Cost CPA Proposal Option Participation lament Rawest CPA Proposal 2 CPA Proposal3 Village C Lots(8) 98 116 98 116 Lot Restrictions Modified No Yes Yes Yes Developer Cost Share $0 53.1M $0 $0 City Cost(excluding ROW) $13.4M• $8.OM $11 1M $11.1M City Cost forBMP 10A TBD 50.4M $0 $0 City Cost for other ROW TBD $0 $0 $0 City ROW Cost-Total TBD $0.4M $0 $0 SW Credits to City TBD $2.1M $2.1M $2.1M Existing lots Villages A/B 299 299 299 299 Lots in Village C 98 116 98 116 Lots in Village D 41•• 44 44 0 Lots in Village E 56 40 40 40 Total lots in Ashville Park 494 499 481 455 Cost Shure on Favorable Bids N/A 50/50 after first$1M 90%to City 90%to City Construction Schedule 7/19-7/21 4/19-6/20 4/19-6/20 4/19-6/20 •Conshu4on cost mer due to offsite disport tor.acoated matend •'E,isti,y dotrestnttionsconflictn Th BMV IMand Cant lne ne,mttion Here is a comparison of the funding differences between Proposal 1 and 2/3: Ashville Park Phase I Funding Item CPA CPA Option 1 Option 2/3 On-Site Work by Developer $7,247,000 $7,247,000 Less City Purchase of BMP 10A: ($ 363,500) $0 Less Developer Contribution (53,100,000) ,�0 Total City Funding Needed To Execute CPA: $4,510,500 $7,247,000 City Funding For Design of Off-Site Improvements $800,000 $800,000 Total City Funding Needed To Execute CPA: $5,310,500 $8,047,000 Funding available in CIP 7-047 as of July 1,2018:• 57.242.189 57.242,189 Surplus/(Defidt): $1,931,689 ($804,811) •An additional$4 million becomes available on July 1,2019 July 3, 2018 10 CITY MANAGER'S BRIEFING ASHVILLE PARK COST PARTICIPATION AGREEMENT ITEM#68252 (Continued) If Propo.al 2 or 3 is selected, here are two (2)Proposed CIP Transfer options: Proposed CIP Transfers if Proposal 2 or 3 is Selected •FY2019: Transfer$1M from CIP 7-151, Eastern Shore Drive Drainage Phase Ito CIP 7-047 Ashville Park Drainage Improvements Phase I •FY2020: Transfer $1M from CIP 7-047 Ashville Park Drainage Improvements Phase Ito CIP 7- 151, Eastern Shore Drive Drainage Phase •Agenda Item for August 7, 2018 Council Meeting Questions? Mayor Jo es expressed his concern for possible future stormwater drainage issues in Ashville Park, and, as such, s bmitted a Proposed Alternative to Proposal 3, which is attached hereto, made part of this record an. will be considered by City Council at tonight's Formal Session. This Alternate Version will require th- developer to dedicate the land in Village D, in fee-simple, with no cost to the City. This land will be us.d for future BMP and drainage purposes and add to the future possible development in Ashville •i rk. Mayor Jo es expressed his appreciation for the informative presentation. July 3, 2018 11 CITY COUNCIL LIAISON REPORTS ITEM#68253 4:03 P.M. Council an Moss advised he attended the recent Virginia Beach Community Development Corporation (VBCD I meeting and although there were not enough members for a quorum the meeting was producti e. Councilman Moss acknowledged members need to be appointed as they are unable to conduct .usiness to include voting on a budget. He also acknowledged the City needs a good understanding of the material condition of the 440 managed properties to include the rent flow and how to deal-with the ongoing 15%delinquency rate. July 3, 2018 12 CITY COUNCIL COMMENTS ITEM#68254 4:06 P.M. Vice M4or Wood provided copies of a proposed Revised Speaker Policy that mirrors other Cities in Hampton Roads, no longer allowing citizens to sign-up to speak after the Formal Session has started. Vice Major Wood advised this Proposal will be considered at the next City Council Formal Session. July 3, 2018 13 CITY COUNCIL COMMENTS ITEM#68255 (Continued) Vice Mayor Wood advised he received an extensive brief on the compression issue last Tuesday and feels there was a communication problem. He requested the City Manager wait on implementation of the Vertical IPay Compression Policy Proposal until meetings with the Public Safety Chiefs and leaders of the various public Safety Employee Groups can be held to bring back a consensus. Councilman Dyer agrees with this request and feels that after serving on City Council for the past 14 years, the City has continued to "kick the can". He expressed concern regarding the process of receiving a letter n Friday's packet and asking for a decision the following Tuesday. July 3, 2018 14 AGENDA REVIEW SESSION ITEM#68256 4:15 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS Resolution to DIRECT the City Manager to consider revisions to the City's Flexible Workplace Policy 2. Ordinance to AMEND City Code Section 5-303 and ADD Section 5-312 re Pet Shops/Licensing $. Ordinance to ADD City Code Section 21-223 re authorize schools to install and operate a video-monitoring system to record violations of drivers passing a stopped school bus 4. Ordinances to APPROVE a term sheet re Ashville Park Drainage Improvements; AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement (CPA) and an Agreement of Sale and Dedication, and DIRECT staff to return a Proffer Modification Request in August(Deferred from June 19, 2108): a. CPA Proposal 1 b. CPA Proposal 2 c. CPA Proposal 3 Ordinance to APPROPRIATE $622,543 to the Clerk of the Circuit Court FY 2018-19 Operating Budget re technology related expenses ITEM#4a/b/c WILL BE CONSIDERED SEPARATELY July 3, 2018 15 AGENDA REVIEW SESSION ITEM#68256 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: I. PLANNING t. HOFD ASHVILLE PARK,LLC for a Modification of Proffers of a Conditional Rezoning at the north and south sides of Ashville Park Boulevard(Approved on February 24, 2004, and Modified on May 10, 2005, and February 14, 2012) (Deferred from June 19, 2018) DISTRICT 7-PRINCESS ANNE 2. CITY OF VIRGINIA BEACH for a Special Exemption for Alternative Compliance (Build-to requirement in Oceanfront Resort District Form-Based Code) at the South of 19`x' Street and the East of North Birdneck Road, extending South to 17`x'Street and East to just beyond Parks Avenue (SPORTS CENTER)DISTRICT 6-BEACH 3. Ordinances re Short Term Rentals (Deferred from June 5, 2018): a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO)pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals (Alternative 1) b. ADD Article 23, Consisting of Sections 2300 through 2303, (Short Term Rental Overlay District) to the City Zoning Ordinance (CZO) establishing regulations and requirements pertaining to Short Term Rental c. AMEND the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay District d. AMEND Sections 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form- Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals (Alternative 2) e. AMEND Sections 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance (CZO)and Section 5.2 of the Oceanfront Resort District Form- Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals (Alternative 2-Planning Commission Version) f AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form- Based Code and ADD Section 209.6 of the City Zoning Ordinance (CZO)pertaining to Definition, Requirements and Use of Accessory Use -Short Term Rental (Alternative 3) g. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form- Based Code and Add Section 209.6 and 241.2 of the City Zoning Ordinance (CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rental(Alternative 3-Planning Commission Version) July 3, 2018 16 AGENDA REVIEW SESSION ITEM#68256 (Continued) ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL LADY WILSON FILED A DISCLOSURE ON ITEM#3 COUNCILMAN UHRIN FILED A DISCLOSURE ON ITEMS#2 and#3 July 3, 2018 17 ITEM#68257 Mayor I ouis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body,pursuant to Section 2.2-3711(A)(29) • Virginia Beach Community Development Corporation 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 an open meeting would adversely affect the negotiating or litigating posture of the public body; and 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). • Internal EEO Investigation PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Appointee Evaluations July 3, 2018 18 ITEM#68257 (Continued) Upon m'tion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSE 0 SESSION at 4:23 P.M. Voting: 9-0 Council embers Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council embers Absent: Jessica P. Abbott Closed ssion 4:23 P.M. - 5:57 P.M. July 3, 2018 19 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 3,2018 6:00 P.M. I Mayor Ipnes called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,July 3, 2018, at 6:00 P.M Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood CouncillMembers Absent: Jessica P. Abbott Out of town—Family Vacation INVOCATION: Reverend Rachel Gilmore Pastor, The Gathering at Scott Memorial United Methodists Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Peal Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34`" Street Suite 10,t, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an i*terest in numerous matters in which she is not personally involved and of which she does not have pe onal knowledge. In order to ensure her compliance with both the letter and the spirit of the State an Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an Tactual or potential conflict. If during her review of the agenda for any given meeting of the Council, (she identifies a matter in which she has a `personal interest, "as defined in the Act, she will file the apjropriate disclosure letter to be recorded in the official records of the City Council. i Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. July 3, 2018 20 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 priii 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 wigh 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. July 3, 2018 21 Item—VII-E CERTIFICATION ITEM#68258 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P.Abbott July 3, 2018 'IN,$„.‘ 4 „• OUR „U RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WiIEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68257Page 18 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. ,,.i,a \r1) I da Barnes,MMC City Clerk July 3, 2018 22 Item—VII-F MINUS ITEM#68259 Upon m tion by Councilman Dyer, seconded by Council Lady Wilson Uhrin, City Council APPROVED the MINUTES of the FORMAL SESSION of June 19, 2018. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council embers Abstaining: Shannon DS Kane Council embers Absent: Jessica P. Abbott July 3, 2018 23 ADOPT GENDA FOR F RMAL SESSION ITEM#68260 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 3, 2018 24 Item - VII-H ORDINANCES/RESOLUTIONS ITEM#68261 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, CityCouncil APPROVED, BY CONSENT:Agenda Items 1, 2, 3, and 5 Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 25 Item- I-H.1 ORDIN CES/RESOLUTIONS ITEM#68262 Upon m tion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSE T, Resolution to DIRECT the City Manager to consider revisions to the City's Flexible Workplace Policy Voting: 9-0 Council embers Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION DIRECTING THE CITY MANAGER 2 TO CONSIDER REVISIONS TO THE CITY'S 3 FLEXIBLE WORKPLACE POLICY 4 5 WHEREAS, many City employees have family needs and responsibilities that • 6 include caring for loved ones, such as elderly parents, young children, children with 7 special needs, or an ailing spouse; 8 9 WHEREAS, flexible work schedules can enable such employees to care for their 10 loved ones while continuing to work, which can benefit both the employee and the City 11 as their employer; 12 13 WHEREAS, flexible work schedules can include compressing work days, flexible 14 daily hours, or telecommuting; 15 16 WHEREAS, the benefits of flexible work schedules for employees include enabling 17 employees to meet family needs, such as attending a parent-teacher conference or caring 18 for a sick family member; reduced employee commuting time and fuel costs and avoiding 19 traffic and the stresses of commuting during rush hours; enabling employees to work 20 when they accomplish the most; and potentially decreasing the need to pay for childcare 21 or care providers for family members with medical needs; 22 23 WHEREAS, the potential benefits of flexible scheduling for the City as an employer 24 include increased employee morale, reduced employee turnover, reduced absenteeism 25 and tardiness, an improved ability to recruit outstanding employees, extending hours of 26 customer service, and fostering an image of the City of Virginia Beach as an employer of 27 choice with family-friendly flexible work schedules that enable employees to achieve a 28 healthy and productive work-life balance; 29 30 WHEREAS, flexible work schedules may not be well-suited for some City 31 positions, depending on the employee's job duties, so management needs to retain the 32 ability to determine whether to approve flexible work schedules; 33 34 WHEREAS, in 1993, the City, through its Human Resources Department, adopted 35 a Flexible Workplace Policy, but that policy has not been revised in the twenty-five years 36 since its initial adoption; and 37 38 WHEREAS, the City and its employees could benefit from a fresh look at the City's 39 Flexible Workplace Policy that would take into consideration the City's experiences under 40 the current policy, changes in industry standards and technology (such as video 41 conferencing and other abilities to work collaboratively from remote locations as a result 42 of advancements in high speed Internet), and studies of the benefits and best practices 43 in administering flexible work policies; 44 45 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA. THAT: 47 48 The City Council directs the City Manager to study best practices in offering and 49 administering flexible work schedules, as well as the City's experiences under the current 50 policy, and to consider revisions to the City's Flexible Workplace Policy. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd day of July , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 1447' R-1 June 22, 2018 26 Item-VII-H.2. ORDIN CES/RESOLUTIONS ITEM#68263 Upon m tion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 5-303 and ADD Section 5-312 re Pet Shops/Licensing Voting: 9-0 Council embers Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council embers Absent: Jessica P. Abbott July 3, 2018 Reque ted by Councilmember Davenport 1 AN ORDINANCE TO AMEND SECTION 5-303 AND ADD 2 SECTION 5-312 TO THE CITY CODE PERTAINING TO PET 3 SHOPS 4 5 SECTION AMENDED: § 5-303 6 SECTION ADDED: § 5-312 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 5-303 of the Code of the City of Virginia Beach, Virginia is hereby 12 amended and Section 5-312 is hereby added and ordained to read as follows: 13 14 Sec. 5-303. - Tax imposed. 15 (a) A license tax is hereby imposed on dogs and cats required to be licensed under this 16 article in the following nonrefundable amounts: 17 (1) For each dog or cat, not spayed or not neutered: 18 1-year tag $10.00 19 2-year tag $20.00 20 3-year tag $30.00 21 (2) For each dog, spayed or neutered: 22 1-year tag $7.00 23 2-year tag $14.00 24 3-year tag $21.00 25 (3) For each cat, spayed or neutered: 26 1-year tag $5.00; 27 2-year tag $10.00 28 3-year tag $15.00 29 (4) Kennel of five (5) to twenty (20) dogs, or five (5)to twenty (20) cats, annually: 30 $35.00 31 (5) Kennel of twenty-one (21) or more dogs, or of twenty-one (21) or more cats, 32 annually: $50.00 33 Pursuant to Code of Virginia § 3.2-6500, a "kennel" is any establishment in which five or 34 more c-nines, felines, or hybrids of either are kept for the purpose of breeding, hunting, 35 training, renting, buying, boarding, selling, or showing. The owner of a kennel or cattery 36 shall pay the kennel or cattery tax imposed above but shall not be required to also pay 37 the individual dog or cat license fees listed in subsections (1) and (2) for any dog or cat 38 that isp wned by the owner of the kennel or cattery and that is housed within the kennel 39 or cattery. 40 (b) A license tax in the nonrefundable amount of $50 is hereby imposed on pet shops, 41 annually. 42 Pursuant to Code of Virginia § 3.2-6500, a "pet shop" is a retail establishment where 43 companion animals are bought, sold, exchanged, or offered for sale or exchange to 44 the general public. 45 46 (c) A quarterly prorated license tax shall be imposed on any dog or cat owner when he 47 or she moves to Virginia Beach or purchases, adopts, or otherwise acquires a dog or 48 cat that has a current rabies vaccination. This prorated fee may only be imposed by 49 the staff at the office of the city treasurer, and no prorated fee may be offered by 50 ap ointed agents authorized by section 5-302. The prorated fee shall be based on 51 da of residence or date of purchase as compared to the date of rabies expiration. 52 Ve ification of these dates must be provided at time of licensing. Quarterly prorated 53 lic nse fee shall be determined based upon the amount of time remaining before the 54 rabies vaccination expires. The quarterly prorated fee shall be as follows: 55 (1) Twenty-five (25) percent of the annual fee if at least one (1) month, but less than 56 four (4) months, remain before expiration of the vaccination. 57 (2) Fifty (50) percent of the annual fee if at least four (4) months, but less than seven 58 (7) months, remain before expiration of the vaccination. 59 (3) Seventy-five (75) percent of the annual fee if at least seven (7) months, but less 60 than ten (10) months, remain before expiration of the vaccination. 61 (4) One hundred (100) percent of the annual fee if at least ten (10) months remain 62 before expiration of vaccination. 63 (c)(d) A quarterly prorated license fee shall be imposed on any dog or cat owner having 64 a v lid rabies certificate issued between January 3, 2005 and September 30, 2007. 65 Th prorated fee shall be based on the time remaining on January 1, 2008 and the 66 ex iration of the rabies certificate. Quarterly prorated fees shall be imposed only on 67 po ions of years, and shall be imposed as follows: 68 (1) Twenty-five (25) percent of the annual fee if at least one month, but less than four 69 (4) months, remain before expiration of the vaccination. 70 (2) Fifty (50) percent of the annual fee if at least four (4) months, but less than seven 71 months, remain before expiration of the vaccination. 72 (3) Seventy-five (75) percent of the annual fee if at least seven (7) months, but less 73 than ten (10) months, remain before expiration of the vaccination. 74 (4) One hundred (100) percent of the annual fee if at least ten (10) months remain 75 before expiration of vaccination. 76 (d)(e) No license tax shall be levied under this section on any dog that is trained and 77 serves as a guide dog for a blind person, that is trained and serves as a hearing dog 78 for a deaf or hearing-impaired person, or that is trained and serves as a service dog 79 for a mobility-impaired person. For the purposes of this subsection, a "hearing dog" 80 is a dog trained to alert its owner, by touch, to sounds of danger and sounds to which 81 the;owner should respond, and a "service dog" means a dog trained to accompany 82 its Owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or 83 oth r such activities of service or support. 84 (e)(1) Any person who applies for a license tag for a neutered or spayed dog or cat shall 85 pre ent, at the time of application, an appropriate veterinarian's certification suitable 86 to a city treasurer attesting to the neutering or spaying of the dog or cat. If such 87 certification is not so presented, the dog or cat shall be taxed the fee levied on 88 unrjeutered and unspayed dogs or cats. 89 . . . . 90 Sec. 5-311. — Pet shops; posting of information about dogs. 91 92 (a) A y pet shop, as the term is defined in Virginia Code § 3.2-6500, that sells dogs 93 s all place a clear and conspicuous sign near the cages in the public sales area 94 st ting "USDA APHIS Inspection Reports Available Prior to Purchase." The sign 95 s all be no smaller than 8 and one-half inches high by 11 inches wide, and the print 96 s all be no smaller than one-half inch. 97 98 (b) Any pet shop that sells dogs shall maintain for each dog in its possession a written 99 record that includes the following information: 100 (1) The breed, age, and date of birth of the dog, if known; 101 (2) The sex, color, and any identifying marks of the dog; 102 (3) Any additional identifying information, including a tag, tattoo, collar number, or 103 microchip; 104 (4) Documentation of all inoculations, worming treatments, and other medical 105 treatments, if known, including the date of the medical treatment, the diagnosis, 106 and the name and title of the treatment provider; 107 (5) For a dog obtained from a breeder or dealer: (i) the state in which the breeder, 108 and if applicable, the dealer are located; (ii) the U.S. Department of Agriculture 109 license number of the breeder and, if applicable; (iii) the dealer; the final 110 inspection reports for the breeder and, if applicable, the dealer, issued by the 111 U.S. Department of Agriculture from the two years immediately before the date 112 the pet store received the dog; and (iv) the facility where the dog was born and 113 the transporter or carrier of the dog, if any; 114 '6) For a dog obtained from a public animal shelter, the name of the shelter; and 115 (7) For a dog obtained from a private animal shelter or humane society, the name 116 of the shelter or organization and the locality in which it is located. 117 (c) Ahy pet shop that sells dogs shall maintain a copy of the written record required by 118 subsection (b) for at least two years after the date of sale of the dog and shall make 119 such record available to the Office of the State Veterinarian upon reasonable notice, 120 to any bona fide prospective purchaser upon request, and to the purchaser at the 121 time of sale. Any such pet shop shall transmit the information required by 122 subdivisions (b) (5), (6), and (7) to the local animal control officer upon request. 123 124 Sec. 5-312. — Pet shop licensing. 125 126 (a) It shall be unlawful for any person to operate a pet shop, as the term is defined in 127 Virginia Code § 3.2-6500, in this city without a valid license issued under this article. Such 128 license shall not be transferable and shall expire at the end of each calendar year, unless 129 otherwise revoked. The revenues derived from the license tax shall be used for the 130 administration and enforcement of this section. 131 (b) Prior to issuing or renewing a license for a pet shop, the Police Department shall: 132 (1) Inspect the premises to determine compliance with this article, standards 133 applicable to pet shops in the Virginia Code, and all other state and local laws, 134 and consult with the zoning administrator to determine whether the location is 135 the subject of any current zoning violations; 136 (2) Determine that the applicant has a valid sales tax permit and is in good 137 standing with the Virginia Department of Taxation; 138 (3) Confirm that the applicant has never been convicted of a violation related to 139 the treatment of animals under any state or local law. 140 (c) A public hearing shall be held prior to the issuance of a license for new pet shops going 141 into business after the enactment of this section and also prior to the revocation or 142 denial of the renewal of a license. The applicant and any other interested person shall 143 be given an opportunity to appear and be heard at any such hearing. 144 (d) Pet shops shall be inspected annually by the Police Department's Animal 145 Enforcement Unit to ensure compliance with this article, standards applicable to 146 pet shops in the Virginia Code, and all other state and local laws, and to ensure 147 the humane treatment of the animals. Pet shops selling dogs, which are required 148 by law to make inspection reports from the United States Department of Agriculture 149 (USDA) available for consumers and animal control officers, shall be inspected bi- 150 annually by the Bureau of Animal Control. 151 (e) Pet shops selling dogs shall comply with the provisions of Section 5-311 as a 152 condition of licensing. 153 f) The Police Department shall deny issuance of a license to a pet shop for fraudulent 154 practices or the inhumane treatment of animals, including but not limited to: 155 (1) Providing false or misleading statements on the license application; or 156 (2) Violating any state or local laws or ordinances related to the inhumane 157 treatment of animals. 158 (q) The Police Department shall deny renewal of, or revoke, a license to a pet shop 159 for fraudulent practices or the inhumane treatment of animals, including but not limited 160 to: 161 (1) Failing to comply with the recordkeepinq and disclosure requirements in 162 subsection (e) of this section 163 ) Providing false or misleading statements about the source of companion 164 animals acquired or sold by the pet shop or dealer; 165 (3) Providing false or misleading information to the public related to the companion 166 animals being sold by the pet shop; 167 (4) Selling dogs in violation of Va. Code Ann. § 3.2-6511.1; or 168 (5) Violating standards applicable to pet shops under the Virginia Code, or other 169 laws or ordinances related to the treatment of animals. 170 (h) A pet shop licensed under this section may request a hearing with the City 171 Manager or designee in the event a license is revoked or license renewal is denied. 172 (1) It shall be a Class 3 misdemeanor for any person to operate a pet shop without a 173 permit as required by this section. 174 175 176 177 178 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd 179 day of July , 2018. This ordinance goes into effect January 1, 2019. APPROVED AS TO LEGAL SUFFICIENCY: Elizabdth Bradley DeJarnette City Attorney's Office CA14473 R-6 June 25, 2018 27 Item -VH-H.3 ORDINANCES/RESOLUTIONS ITEM#68264 Upon mtion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ADD City Code Section 21-223 re authorize schools to install and operate a video-monitoring system to record violations of drivers passing a stopped school bus Voting: 9-0 Council embers Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council'Members Absent: Jessica P.Abbott July 3, 2018 1 AN ORDINANCE TO ADD SECTION 21-223 2 TO THE CITY CODE AUTHORIZING THE 3 SCHOOL BOARD TO INSTALL AND 4 OPERATE A VIDEO-MONITORING SYSTEM 5 TO RECORD VIOLATIONS OF DRIVERS 6 PASSING A STOPPED SCHOOL BUS 7 8 SECTION ADDED: § 21-223 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 21-223 is hereby added to the Code of the City of Virginia Beach, 14 Virginia, and ordained to read as follows: 15 16 17 Sec 21-223. — Video-monitoring systems in or on school buses. 18 19 (.21 The School Board of the City of Virginia Beach dba Virginia Beach City Public 20 Schools is hereby authorized to install and operate a video-monitoring system in 21 or on the school buses operated by the School Board or to contract with a private 22 vendor to do so on behalf of the School Board for the purpose of recording 23 violations of the Code of Virginia § 46.2-844(a). 24 25 (b) For purposes of this section, "video-monitoring system" means a system with one 26 or more camera sensors and computers installed and operated on a school bus 27 that produces live digital and recorded video of motor vehicles being operated in 28 violation of Code of Virginia § 46.2-859. 29 30 Lcj II video-monitoring systems installed on public school buses shall, at a 31 inimum, produce a recorded image of the license plate and shall record the 32 ctivation status of at least one warning device as prescribed in Code of Virginia 33 46.2-1090 and the time, date, and location of the vehicle when the image is 34 recorded. 35 36 ) The driver of a motor vehicle found to be in violation of Code of Virginia § 46.2- 37 859, based upon evidence obtained from a video-monitoring system, shall be 38 liable for a civil penalty of $250 imposed in accordance with this section if such 39 vehicle is found, as evidenced by information obtained from a video-monitoring 40 system in or on a school bus, to have violated Code of Virginia § 46.2-859 within 41 the city. Any person found liable under this ordinance may contest the summons 42 as provided by Code of Virginia § 46.2-844 (A). 43 44 ) Information collected by a video-monitoring system installed and operated 45 pursuant to this section shall be limited exclusively to that information that is 46 necessary for the enforcement of violation of Code of Virginia § 46.2-859. 47 Notwithstanding any other provision of law, all images or video or other personal 48 information recorded by such video-monitoring systems shall be used exclusively 49 for that purpose. 50 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd day of July 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: cpotci Police Department Virginia Beach City Public Schools APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offic CA144 R-2 June 13 2018 28 Item -VII-H.4a/b/c ORDINANCES/RESOLUTIONS ITEM#68265 C. J. Pedler, 1909 Grandon Loop Road, Phone; 916-350-1470, spoke in SUPPORT Matt Toilelson, 2020 Grandon Loop Road, Phone; 757-749-2966, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to APPROVE a term sheet re Ashville Park Drainage Improvements;AUTHORIZE the City Manage; to EXECUTE a Cost Participation Agreement (CPA) and an Agreement of Sale and Dedication, and DIRECT staff to return a Proffer Modification Request in August (Deferred from June 19, 2108) CPA PROPOSAL 3—ALTERNATE VERSION. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 OPTION 3 — CPA PROPOSAL 3 ALTERNATIVE VERSION 1 AN ORDINANCE TO APPROVE A TERM SHEET, TITLED 2 "CPA PROPOSAL 3," FOR ASHVILLE PARK DRAINAGE 3 IMPROVEMENTS, TO AUTHORIZE THE CITY MANAGER 4 TO EXECUTE A COST PARTICIPATION AGREEMENT 5 AND AN AGREEMENT OF DEDICATION, TO DIRECT 6 STAFF TO MAKE APPROPRIATE POSTING TO ALLOW 7 ACTION BY THE COUNCIL IN AUGUST UPON A 8 PROFFER MODIFICATION REQUEST AND TO 9 AUTHORIZE THE ACCEPTANCE OF A DEDICATION OF 10 THE PROPERTY GENERALLY REFERRED TO AS 11 VILLAGE D 12 13 WHEREAS, the Ashville Park neighborhood has experienced repeated flooding 14 during rain events; and 15 16 WHEREAS, the developer, HOFD Ashville Park, LLC, has agreed to share costs 17 and wok responsibilities for the Phase 1 Stormwater Improvements in the Ashville Park 18 neighb rhood; and 19 20 HEREAS, the City staff believes the proposed term sheet, described in 21 summa in the attached Exhibit A-3, attached hereto as Exhibit A-3: CPA PROPOSAL 22 3 — ALTERNATIVE VERSION, balances the equities for the required Phase 1 23 Stormwater Improvements between the City and HOFD Ashville Park, LLC. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1. The City Council hereby approves the proposed term sheet between the City and 29 OFD Ashville Park, LLC for Phase 1 Stormwater Improvements set forth in 30 xhibit A-3: CPA PROPOSAL 3 ALTERNATIVE VERSION, which is incorporated 31 erein, subject to the following enactments. 32 33 2. he City Manager is authorized to execute a Cost Participation Agreement and 34 n Agreement of Dedication provided such agreements have been reviewed for 35 I gal sufficiency by the Office of the City Attorney and the financial commitments 36 re consistent with the Adopted FY19 Capital Improvement Program. 37 38 3. he City Manager is directed to work with staff to ensure the appropriate posting 39 o the proffers made by the developer to allow the Council to act upon such 40 request at its first voting meeting in August. 41 42 4. he acceptance of a dedication of the land comprising Village D is hereby 43 a thorized provided the Developer dedicates the land in fee simple and at no 44 c st to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of July , 2018. APP-OVED AS TO LEGAL SUFFICIENCY: fi/J y Att. ney's Office CA14456 R-OPTION 3 ALTERNATIVE VERSION July 3, 2018 EXHIBIT A-3 CPA PROPOSAL 3 —ALTERNATIVE VERSION Ashville Park Stormwater Project—Phase 1 Summary of Material Terms Parties: City of Virginia Beach ("City") HOFD Ashville Park, LLC ("Developer") Ashville Park Homeowners Association, Inc. —Party only to certain easements related to drainage, impoundment, maintenance, and access Purpose: City and Developer Division of Costs and Responsibility for Phase I Material Terms: Total Cost of Improvements: $11,122,796 Division of Responsibility for Work Items: City: Preliminary Engineering and 30% Design; Flanagan's Lane Pump Station; BMP 14 Weir; Sandbridge Road/New Bridge Road Intersection Improvements; Princess Anne Farm Ditch Developer: BMP #2A; BMP #6 Expansion; BMP #10A; BMP #16; Channel #10A; Channel #15; Historic Farm Ditch; Ranier Village Emergency Ingress/Egress Cost Share split percentage: City 100% (excludes right of way) Cost Share split dollars: City$11,122,796. City to retain 90% of costs savings if the resulting bid is lower than the estimated cost. Developer to dedicate land for BMP 10A (5.490 acre) to City for$0. City to retain the rights to any water quality credits. Developer to dedicate land comprising Village D to City for$0. Developer to transfer various rights of entry, property, and easements to City to allow City to complete its work items for Phases I and II. Ashville Park Homeowners to provide easements for stormwater purposes Developer to provide to City any modifications to proffers to allow the City Council to vote upon such request at its first voting meeting in August. 29 Item-VII-H.5 ORDINANCES/RESOLUTIONS ITEM#68266 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $622,543 to the Clerk of the Circuit Court FY 2018-19 Operati Budget re technology related expenses Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council'i,Members Absent: Jessica P.Abbott July 3, 2018 1 AN ORDINANCE TO APPROPRIATE $622,543 TO THE 2 CLERK OF THE CIRCUIT COURT'S FY 2018-19 3 OPERATING BUDGET FOR TECHNOLOGY RELATED 4 EXPENSES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $622,543 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Technology Trust Fund to the FY 2018-19 Operating Budget of the 11 Clerk of the Circuit Court to support technological related needs and upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of July 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPRVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C . A..A�..„- ,/ - Budget and Management Services City Attorney's Office CA14471' R-1 June 19, '018 1 30 Item—VTI--I PLANN NG ITEM#6826 7 1. HOF ASHVILLE PARK,LLC MODIFICATION OF PROFFERS OF A CONDITIONAL REZONING 2. CITY OF VIRGINIA BEACH SPECIAL EXEMPTION TO ALTERNATIVE COMPLIANCE 3. SHORT TERM RENTALS ITEM#: WILL BE CONSIDERED FOR DEFERRAL TO AUGUST 7, 2018 ITEM#$ WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED FOR DENIAL COUNCIL LADY WILSON FILED A DISCLOSURE ON ITEM#3 COUNCILMAN UHRIN FILED A DISCLOSURE ON ITEM#3 July 3, 2018 31 Item—VII-L1 PLANN fNG ITEM#68268 The folkwing registered to speak: Steven Berman, 1685 Flanagans Lane, Phone; 581-2410, spoke in OPPOSITION Steve Conrad, 1335 Gannet Run, Phone; 757-287-4940, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Al Henl , 3112 Colechester Road, Phone: 426-6991, spoke in OPPOSITION Lee Ann Willock, 2045 Channing Lane, Phone; 757-941-504-6562, spoke in SUPPORT Chris Li dsey, 1800 Buttermilk Court, Phone: 652-5815, spoke in OPPOSITION Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT I Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED TO AUGUST 7, 2018,Application of HOFD ASHVILLE PARK,LLC for a Modification of Proffers of a Conditional Rezoning at the north and south sides of Ashville Park Boulevard(Approved on February 24, 2004, and Modified on May 10, 2005, and February 14, 2012) (Deferred from June 19, 2018)DISTRICT 7—PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P.Abbott July 3, 2018 I 32 Item- -I.2 PLANN NG ITEM#68269 The following registered to speak: Barbara,Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED, Application of CITY OF VIRGINIA BEACH for a Special Exemption for Alternative Compliance (Build- to requirement in Oceanfront Resort District Form-Based Code) at the South of 19th Street and the East of NorthBirdneck Road, extending South to 17th Street and East to just beyond Parks Avenue (SPORTS CENTER)DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CITY OF VIRGINIA BEACH for a Special Exemption for Alternative Compliance (Build-to requirement in Oceanfront Resort District Form-Based Code) at the South of 19th Street and the East of North Birdneck Road, extending South to 17th Street and East to just beyond Parks Avenue (SPORTS CENTER) (GPINS 2417661204, 2417760211, 2417763377, 2417769535, 2417866932)DISTRICT 6-BEACH This Or inance 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 3rd day of July, Two Thousand Eighteen Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P.Abbott *Counciman Uhrin filed a Disclosure dated July 3, 2018 July 3, 2018 1 Cr Viip-Ca: L-, f:ti,9i1;1 Re— \ 1211..4i,-4-•':-"-----,-- - •go - ID ---.,d • ' \ , • ,,,iii ., -%110:... --.. il Willei,1, I .L 1 :__, t;•-:*--.4a......r•-• .1 . ....I 7 Alla • ilk, .. 9 .? . I, .40. a ...,..3,„ . • .. ,. .. .. ..--- , .. . ... N.„.r ., is I. ._ 1 ,1 .. _ I. 1 c • r . 4 i�11 i f1 piip,* i I, y d 11 0 . 1 1 • J 1 •• l r 01 � ill •1 �.1 11,.11.44.....irt,1 it.. Ii 1, .. i•LG,.+ 11�1f1TL �1 j 11 "4r iii, 1. - -I'M - 1 . ,9 rrpileVIII I eiii. 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L-- i pm / A 1 c-si • \., 1 -._ 1 ci 1 , .__ 1 __._.,...„ ___ ��tAi k�1, I �iv.--,, ,v,-17._AL._._.4 l' Is ! I1i 11 , t w� 1� III ( , i . (---, Ili m.. 17._.3T + r.—„„. ° r(CO 1Jla�� X4 �G frrrrf' u r a City of Virginia I leach "t^"y�9ts 5 0/ 0 OUR NATION Ad VBgov.com IiI � JpHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRINC VBGOV.COM '� Refer toile No. 0063275 July 3, 2018 Mrs. anda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: . I am executing this written disclosure regarding City Council's discussion and vote on the City's application for a special exemption for alternative compliance for property located south of 19th Street and east of North Birdneck Road, extending south to 17th Street and east to just beyond Parks Avenue for the Sports Center. The Sports Center project could increase demand for hotel rooms in the Resort Area. . I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and 215 ATLANTIC AVENUE, VIRGINIA BEACH,VIRGINIA 23451 Mrs. ands Barnes -2- July 3, 2018 e: Disclosure Pursuant to Virginia Code § 2.2-3115(H) therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincer ly5e. j( J hn E. Uhrin ouncilmember JEU " I 33 Item-VII-L3a/b/c/d/e/f/g PLANNING ITEM#68270 The follwin registered to speak: Warren McNeal, Cape Henry Shores, Phone; 757-481-7822, spoke in OPPOSITION Bonnie Willis, 2220 Vadito Way, Phone; 757-689-8910, spoke in OPPOSITION John Nelson, 2228 Vadito Way, Phone; 757-689-4642, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Lawrence Horvath, 2505 Indian Hill Road, Phone: 284-1842, spoke in OPPOSITION Cindy Defour, 4220 Ben Gunn Road, Phone; 757-544-8480, spoke in SUPPORT David Watson, 3213 Little Island Road, Phone: 689-8928, spoke in SUPPORT Donna Uzel, 2504 Indian Hill Road, Phone; 757-647-2185, spoke in OPPOSITION Forest Hickman, 4464 Lauderdale Avenue, spoke in SUPPORT Catie Zackowski, 234 83rd Street, Phone; 567-8814, spoke in SUPPORT Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council DENIED, Ordinances re Short Term Rentals: a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals (Alternative 1) b. ADD Article 23, Consisting of Sections 2300 through 2303 (Short Term Rental Overlay District) to the CZO, establishing regulations and requirements pertaining to Short Term Rentals (Alternative 1) c. AMEND the Official Zoning Map by the designation and incorporation of property into the Short Term Rental Overlay District(Alternative 1) d. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to the Definition, Requirement and Use of Home Sharing and Short Term Rentals (Alternative 2) e. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Section 209.6 and 241.2 of the CZO pertaining to the Definition, Requirements and Use of Home Sharing and Short Term Rentals (Planning Commission Version of Alternative 2) July 3, 2018 34 Item—VII-L3a/b/c/d/e/f/g PLANNING ITEM#68270 (Continued) f AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to the Definition, Requirements and Use of Accessory Use-Short Term Rentals(Alternative 3) g. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Section 209.6 of the CZO pertaining to the Definition, Requirements and Use of Accessory Use-Short Term Rentals(Planning Commission Version of Alternative 3) Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott *Councilman Uhrin and Council Lady Wilson filed Disclosure's dated March 6, 2018 July 3, 2018 G AB sftal,1 ,, r ,..,,,,., City of Virgiriia 13eac1-i ` V J Yy � O � `v` e S �o` OUR N\SAO JOHN E UHRIN PHONE 17571 200-7005 COUNCILMAN DISTRICT 6-BEACH JUHRINC VB&OV COM Refer to File No. 0062480 Mrs AmandaMarch 6, 2018 Barnes Ci Clerk's Office M 'cipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on proposed alternative amendments to the City Zoning Ordinance pertaining to home sharing and short-term rentals. 2. Regulation of peer-to-peer hospitality services could impact hotel and motel owners and employees. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the City. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. If amendments are made to the Zoning Ordinance, all members of this profession may be affected by the amendments. 5. Although the City Attorney has advised me that with respect to this transaction,any • benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state 215 ATLANT C AVENUE VIRGINIA BEACH VIRGINIA 2351 Mrs. Amanda Barnes -2- March 6, 2018 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code§§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, J�hnE. Uhrin Councilmember JEU/RRI BEA f� �� . �• ; C' ity Uf_ ' iI- 11"il1i [3c icAi tl46, • ROSEMARY WILSON PHONE (757)422-0733 COUNCIL LADY AT-LARGE FAX. 1757)385-5669 Refer to File No.0062484 March 6, 2018 Mrs.Amanda Barnes City Clerk's Office Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on proposed alternative amendments to the City Zoning Ordinance pertaining to home sharing and short-term rentals. 2. Regulation of peer-to-peer hospitality services could impact short-term rental providers and property management services providers, including Howard Hanna Real Estate Services("Howard Hanna"), whose Oceanfront office is located at 303 34th Street Suite 102. Virginia Beach, VA 23451. 3. I am a real estate agent affiliated with Howard Hanna,and 1 have a personal interest in the company because I receive commissions from the company. The only income I receive from Howard Hanna is my own commissions from my own sales. I do not personally provide property management services. 4. I am a member of a business, profession or occupation, namely real estate service providers that also provide property management services. If amendments are made to the Zoning Ordinance, all members of this profession may be affected by the amendments. 921 ATLANTIC AVENUE.UNIT 502 VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- March 6,2018 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. Although the City Attorney has advised me that with respect to this transaction,any benefit or detriment to Howard Hanna is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly,objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Th you for your assistance in this matter. Sincerely, Rosemary A. ilson Councilmember RAW/R11.1 35 ITEM VH-.I APPOINTMENTS ITEM#68271 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS. 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD OLD BEACH DESIGN REVIEW COMMITTEE STORMWATER APPEALS BOARD July 3, 2018 36 ITEM VII-J APPOINTMENTS ITEM#68272 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: BARBARA BISHOP Three year term 7/1/18- 6/30/21 BIKEWAY AND TRAILS ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 37 ITEM VII-J APPOINTMENTS ITEM#68273 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: TODD WALKER Unexpired term thru 12/31/19 COMMUNITY SERVICES BOARD Voting: 9-0 Council embers Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P.Abbott July 3, 2018 38 ITEM VII-J APPOINTMENTS ITEM#68274 Upon NIP MINATION by Vice Mayor Wood, City Council APPOINTED: CLAUDIA COTTON (Representing Tidewater Builders Association) Unexpired term thru 10/31/18 Plus one year term 11/1/18- 10/31/19 GREEN RIBBON COMMITTEE Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P.Abbott July 3, 2018 39 ITEM VII-J APPOINTMENTS ITEM#68275 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: VICE MAYOR JAMES L. WOOD (No Term) HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 40 ITEM I-J APPOI TMENTS ITEM#68276 Upon N MINATION by Vice Mayor Wood, City Council APPOINTED: BRIANNA PEREZ VICTORIA McQUAY (Students) One year term 7/3/18- 6/30/19 HISTORIC PRESERVATION COMMISSION Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 41 ITEM VII-J APPOINTMENTS ITEM#68277 Upon Ar MINATION by Vice Mayor Wood, City Council APPOINTED: STEVEN McNA UGHTON Unexpired term thru 10/31/18 Plus three year term 11/1/18- 10/31/19 HISTORICAL REVIEW BOARD Voting: 9-0 Council embers Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 42 ITEM VII-J APPOINTMENTS ITEM#68277 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COLLEEN P. NABHAN FRANCES KNIGHT-THOMPSON Two year term 7/3/18—5/31/20 and REAPPOINTED: FRANCINA HARRISON Two year term 6/1/18 —5/31/20 MINORITY BUSINESS COUNCIL Voting: 9-0 Council.Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 43 ITEM VII-J APPOINTMENTS ITEM#68278 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ANGELA KELLAM JALANA L. McCASLAND Four year term 7/3/18—6/30/22 SOCIAL SERVICES BOARD Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott July 3, 2018 44 Item— 'I-M ADJO ' MENT ITEM#68279 Mayor I ouis R.Jones DECLARED the City Council Meeting ADJOURNED at 7:33 P.M. 0115111*- ) Chief Deputy Ci lerk I &ill)/ anda t arnes,MMC Louis R.Jones City Clerk Mayor City of Virginia Beach Virginia July 3, 2018 45 OPEN DIALOGUE The following individuals registered to speak: Garrett Edmonds, 2920 Camarillo Lane, Phone: 904-571-2753, expressed appreciation to City Council for the alction taken to improve the stormwater issues in Ashville Park. THE OPEN DIALOGUE CONCLUDED AT 7:34 P.M. July 3, 2018