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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 16, 2018
Mayor Louis R. Jones called to order the CITY COUNCIL'S BRIEFING in the City Council Conference
Room, Tuesday, October 16, 2018, at 4:00 P.M.
Council Members Present:
Jessica P. Abbott, 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:
None
2
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
4:01 P. M.
Mayor Jones welcomed Sameer Bawa, Ph.D., Managing Director and Iris McClish, Director — BBC
Research and Consulting. Dr. Bawa expressed his appreciation to the City Council for their continued
support:
BBCs
Presented by
A/B
2018 CITY OF VIRGINIA BEACH
DISPARITY STUDY
DRAFT STUDY RESULTS
October 16 2018 --The Disparity Study Objectives included research in Minority/Women (M/W)owned business
participation, determination if there are barriers in the market conditions, the City's current contract
policies and recommendations to reduce disparity:
DISPARITY STUDY OBJECTIVES
M/W Market
participation conditions
Do M/Ws face
Contract barriers in City Program
policies contracting? measures
October 16, 2018
3
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
A thorough review of contracting policies was reviewed to ensure legal compliance within State, Federal
and relevant Case Law:
DISPARITY STUDY OBJECTIVES
Strict Case
scrutiny Legal law
compliance
3
Of the Study Tasks completed and detailed in the full report, the core tasks included in today's brief are
the analyses for Utilization,Availability and Disparity:
STUDY TASKS
Project management
Community engagement
Legal analysis and framework
DavnRM'
STUDY Review of contracting
Utilization analysis
Availability analysis
Disparity analysis
Analyses of marketplace conditions
Program implementation
Reports and presentations
October 16, 2018
4
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
The Utilization Analysis provides dollars that went to M/W Businesses during the five(5)year study
period from July 1, 2012, to June 30, 2017:
UTILIZATION
The Analysis used data from all City awarded prime and subcontracts as well as surveys completed by the
vendors who were awarded the contracts. Vendors provided their type of work, race, ethnicity and
gender:
UTILIZATION ANALYSIS
All relevant Primary lines
industries of work
Prime and
subcontracts City Survey
07/01/12- data data Race and
06/30/17 gender
6
October 16, 2018
5
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
The total amount of money paid for contracts awarded for the study period was$1.2-Billion with M/W
Businesses receiving$221.8-Million:
RESULTS
$221.8 million
(18.9%)
A .6%)
%)
y.)
..)
$ 1 .2 bion '-')
contracting
$221.8 million(18.9%)
i
The Availability Analysis provides the estimated amount expected to go to M/W Businesses based on their
existence in the market place, type of work conducted and the size of the contracts the businesses could
do:
AVAILABILITY
October 16, 2018
6
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
The Business Population includes businesses that conduct City contract work located in the "Virginia
Beach Region", identified as Virginia Beach, Norfolk, Chesapeake and Portsmouth. Surveys collected
from those businesses formed the "Representative Database":
AVAILABILITY ANALYSIS
Business
population
Representative
database
Researchers used business listings that identified each business that conducts the type of contracted work
and their location within the designated market area. Researchers then contacted each of the identified
businesses by phone and conducted an "Availability Telephone Survey"to ask the questions in the slide
below:
AVAILABILITY ANALYSIS
Lines of work Vendor role
Year est.
one Capacity
Geography o
ek
R Race and
Interest gender
October 16, 2018
7
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
The surveys were compared to each contract awarded by the City to determine if the business met the
criteria to perform the work required in the contract. The businesses that matched the criteria quantified
the estimated amount of money expected to go them totaling$296.5-Million (for every dollar the City
awards in contracts, M/W Businesses should earn approximately.25):
RESULTS
$296.5 million
(25.2%)
Asi• .%)
B .)
i .2 billion `)
contracting .2%)
The Disparities Analysis provides any difference between actual availability and participation to
determine underutilization of M/W Businesses:
DISPARITIES
October 16, 2018
8
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
The Disparity Index is determined by the amount of dollars a specific group (seen in the next slide)
received for City contracts and divided by the amount of dollars available determined from the
Availability Analysis. A disparity index of.80 or less is the legal threshold used to define substantial
underutilization:
DISPARITY ANALYSIS
Dollars
received _ DISPARITY
Dollars - INDEX
available
.80 or less = substantial underutilization
13
The results, using all City contracts and all groups below, indicate a substantial underutilization. The
exception to this was found in the Asian American owned businesses, determined as a result of$56-
Million going to a single firm out of the$62-Million awarded:
RESULTS—ALL CONTRACTS
All Minority/Woman I 75
Asian American 200+
Black American 156
Hispanic American 20
Native American '5
White woman 62
0 20 40 60 80 100 120 140 160 180 200
is
October 16, 2018
9
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
One important note to all of the contracts awarded during the study period is the effectiveness of SWaM
Goals. The City used SWaM Goals to award contracts which required Prime Contracts to give 50%of
the contract to a SWaM Business. SWaM Businesses do not only include minorities but are also
comprised of small business owned by white men.
$1 .2 billion
contracting
SWaM No goals
goals
15
Researchers then compared the difference in disparity for groups with and without SWaM Goals defined
in the City contracts:
RESULTS— GOALS V. NO GOALS
Goals U No soak
55
All Mknrily/Woman
85
Asian American
7 e
17
Black American
11 71
Hispanic Amerlon ri32
a
Nave AmW
ern Ll
88
White woman
49
0 20 40 60 80 100 120 140 160 180 200
October 16, 2018
10
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
Mr. Bawa explained the full Disparity Report will provide more in-depth detail for all of the analysis and
results of the study, as well as considerations provided to help reduce disparity in the future:
CONSIDERATIONS
Of the considerations listed below, the most widely used is the unbundling of large contracts as many of
the M/W Businesses are small and cannot compete for large contracts:
CONSIDERATIONS
• Unbundle large contracts
• Contract notification
• Small business set asides
• Race-/gender-conscious goals
October 16, 2018
11
CITY COUNCIL'S BRIEFING
DISPARITY STUDY CONSULTANT FEEDBACK
ITEM#68522
(Continued)
QUESTIONS
Mayor Jones expressed his appreciation to Mr. Bawa for the informative presentation.
October 16, 2018
12
CITY MANAGER'S BRIEFING
UNAUDITED FINANCIAL RESULTS
ITEM#68523
Mayor Jones welcomed Patti Phillips, Director and Alice Kelly, Comptroller—Finance. Mrs. Phillips
expressed her appreciation to City Council for their continued support. Mrs. Phillips advised on August
15th, the Finance Department officially closed the City's financial accounting records for fiscal year
ending June 30, 2018; and is in the process of analyzing revenues and expenses, developing work papers
and assembling financial statement and supplemental information for the City's 50+funds in preparation
for the City's Auditors, Clifton, Larson,Allen. The Comprehensive Annual Financial Report, (CAFR),
containing audited financial statements for all funds, will be presented to City Council on December 11th:
1/B PRELIMINARY
UNAUDITED
FINANCIAL
RESULTS
City of Virginia Beach
Finance As of June 30, 2018
Here is the Agenda for today:
Agenda
immummomi
❑ Audit Status
o Preliminary Results—General Fund and Schools
❑ Next Steps
"SB
October 16, 2018
13
CITY MANAGER'S BRIEFING
UNAUDITED FINANCIAL RESULTS
ITEM#68523
(Continued)
City Council's Policy is to maintain a General Fund Balance between 8-12%of subsequent year's
revenues. As of June 30th, the Unassigned General Fund Balance is$113.9 million, or 9.84%of FY 2018
revenues:
General Fund Budget to Actual
For the Year Ended June 30, 2018 - Unaudited
(in millions$)
1111111111111111111111.111111111111
%of
BUDGET ACTUAL VARIANCE Budget
LOCAL $ 960.1 $ 965.2 $ 5.1 0.5%
STATE 158.9 158.8 (0.1) -0.1%
FEDERAL 21.7 23.1 1.4 6.5%
TOTAL REVENUES $ 1,140.7 $ 1,147.1 $ 6.4 0.6%
CITY $ 773.6 $ 726.0 $ 47.6 6.2%
SCHOOLS 443.1 420.2 22.9 5.2%
TOTAL EXPENDITURES $ 1,21.6.7 $ 1,146.2 $ 70.5 5.8%
REVENUE LESS EXPENDITURES $ (76.0) $ 0.9 $ 76.9
FUND BALANCE-JULY 1 1.99.7
LESS:RESERVATIONS _ (86.7)
UNASSIGNED FUND BALANCE-JUNE 30 $ 113.9
Fund Balance as a percent of FY2019 Budgeted Revenue is v r-:%
'Includes$12.4 million of encumbrances
Below is the summary of the General Fund Revenues:
Revenues for Real Estate, Personal Property, Business
License and Hotel Tax over Budget
General Fund Revenues FY2018YID
(In million) Budget Actual Variance •/a
Real Estate Taxes 1. 521.9 1; 523.6 5 I
Personal Property Taxes 102.5 1(18.1 5.6 5,5
Commonwealth-PPTRA 53.4 53.4 - -
General Sales Tax 65.1 63.5 (1.6) (2.5)
Utility Taxes 25.8 25.9 0.1 0.4
Telecommunications Taxes 24.9 24.0 (0.9) (3.6)
Business Licenses 46.8 48.7 1.9 4.0
•Hotel Taxes 7.2 7.2 0.0 0.2
•Meal Taxes 43.8 42.2 (1.6) (3.7)
•Cigarette Taxes 11.1 10.6 (0.3) (4.2)
Human Services Charges 27.2 23.7 (1.4) •(5.3)
Other Charge for Services 39.4 38.1 (1.3) (3.2)
Other Local Revenues 34.2 37.8 3.6 10.4
Commonwealth-Maintenance of Roads 49.5 48.6 (1.0) (2.0)
Commonwealth-Human Services Reimb. 28.4 29.1 0.7 2.6
Commonwealth-Other State Revenues 28.4 28.2 (0.2) (0.9)
Federal Revenues 21.7 23.1 1.4 6.3
Transfers from Other Funds 9.4 9.3 10.1) (0.7)
51.140.7 S1-147.1 S 6.4 0.6
FY 2017 revenues 51.098.4
FY 2018 to FY 2017%variance 4.4
•GF peed.enty
tire,-*YeeeeRd bdget Bed-Under bucket Blue--tbder Backer but exec...d reier Year
October 16, 2018
14
CITY MANAGER'S BRIEFING
UNAUDITED FINANCIAL RESULTS
ITEM#68523
(Continued)
Real Estate Tax was$1.7-Million over Budget and 8.6%higher than last year:
Real Estate Taxes — General Fund
June 30,2014—2018 - Unaudited
O
FYrate2018 Tax increase is for Schools sr a 323.e
500 488.0 488.4 482.0
443.1 443.7
427.1 428.2
400
Over Budget by
300 31.7M
Higher by 341.661
or 8.6%from PY
a 200
100
FY2014 F12015 FY2016 FY2017 el'2018
■ledge. ■Actual
Local Personal Property Tax was$5.6-Million over Budget and 8%higher than last year:
Personal Property Taxes
June 30, 2014—2018 - Unaudited
1oe.1
100- 100.1 102.5
89.8 93.6
85.2
80- 78.7
Over Budget by
60
Higher by$0.0 M
or 8.0%from PY
40-
20-
. FY 2014 FY2015 FY 2016 F►2017 FY 2018
L ■SWIM ■Aaual 1
October 16, 2018
15
CITY MANAGER'S BRIEFING
UNAUDITED FINANCIAL RESULTS
ITEM#68523
(Continued)
•
Here is an Overview of the 5-Year History of Other Local Taxes:
5-year History of Other Local Taxes
June 30, 2014 - 2018 - Unaudited
0
FY14 FY15 FY16 FY17 FY18
Sales Tax $ 56.4 $ 58.2 $ 61.1 $ 62.6 $ 63.5
Business License 44.0 44.6 45.3 47.0 48.7
Utility Tax 25.3 25.2 25.5 25.3 25.9
Telecommunications Tax 26.3 26.0 25.3 24.7 24.0
Automobile License 9.1 9.2 10.9 11.2 11.0
•Cigarette Tax 11.7 13.7 10.2 11.9 11.4
•Hotel Tax 27.4 28.7 30.6 32.8 34.4
•Meal Tax 56.9 60.0 63.4 65.2 66.3
$ 257.1 $ 265.6 $ 272.3 $ 280.7 $ 285.1
Hotel Tax Meal Tax
>
os
O.M%
r Includes all funds
GF TAP TA
2% 1% 0.5% 1.06%
The City underspent the Expenditure Budget by$38.3-Million and the Schools underspent by$22.9-
Million:
FY2018 General Fund Expenditures
For the Year Ended June 30, 2018-Unaudited
($in millions)
E.11111111111
Budget Actual Variance %Savings
City Expenses:
Departments $ 596.8 $ 561.3 $ 35.5
Debt Service 52.1 49.3 2.8
Capital Projects 63.0 63.0
Transfers to Waste Management 5.7 5.7 -
TransferstoSheriffsDepartment 24.5 24.5 -
Transfer to Storm Water CIP 5.4 5.4
Transfers to other Funds 7.6 7.6
Total $ 755.1 $ 716.8 $ 38.3 5.1%
Schools(City Funding):
Operating Transfers $ 396.7 $ 373.8 $ 22.9
Debt Service 41.9 41.9
Capital Projects 4.5 4.5 -
Transfer to School Reserve Fund 8.8 8.8 -
Total $ 451.9 $ 429.0 $ 22.9 5.1%
Total Expenditures $ 1,207.0 $ 1,145.8 $ 61.2 5.1%
October 16, 2018
16
CITY MANAGER'S BRIEFING
UNAUDITED FINANCIAL RESULTS
ITEM#68523
(Continued)
The next two (2)slides provide an Overview of the Unassigned General Fund Balance:
Unassigned General Fund Balance
June 30, 2018—Unaudited
mimumin millions S
0
Total Fund Balance June 30,2018 $ 200.6
Less Reservations:
Inventories&Loans Receivable 11.0
Community Services Board Restricted Funds 2.2
School True-Up 1.5
School Reversion 22.9
Carryforwards 0.9
FY 2019 City CIP Budget 31.9
FY 2019 School Operating Budget 0.4
FY 2019 School CIP Budget 3.6
Risk Management 1.8
Human Services Electronic implementation 4.0
Salary Compression for FY 2019 3.0
Increase CIP for Dredging 3.5
86.7
Total Unassigned Fund Balance FY 2018NB
$ 113.9
%of FY2019 Budgeted Revenues 9.84%
Unassigned General Fund Balance
June 30, 2018—Unaudited
EZMIIIIIIIIIIIIIMMINNIIIIIMIIIIIIIIIMMI
$200-
10.7% 12.0%
10.7% 10.4% 10.5%
$150 19.590-766--1111............. ---4186.......
- 8.0% I
:: flhIIfl :
mis
201.2 2013--._ 2014 2015_.----2016 2017 2016
Unassigned GF Belana -0-%of Budgeted GF Revenue j
October 16, 2018
17
CITY MANAGER'S BRIEFING
UNAUDITED FINANCIAL RESULTS
ITEM#68523
(Continued)
Here is the School's Operating Fund:
School Operating Fund
Revenues& Expenditures for FY2018 - Unaudited
milimmommiii (in millions$
8udHet Actual Variance
REVENUES:
City-FY 2018 Contribution $ 448.1 $ 448.1 $ -
Encumbrances 8.4 8.4 -
State Share of Sales Tax 73.7 74.3 0.6
Commonwealth 273.5 273.2 (0.3)
Federal Government 12.2 12.6 0.4
Other 2.8 3.4 0.6
Total Revenues $ 818.7 $ 820.0 $ 13
EXPENDITURES:
Instruction $ 566.1 $ 555.2 $ 10.9
Administration,Attendance and Health 25.1 23.9 12
Pupil Transportation 47.6 46.6 10
Operations and Maintenance 94.1 90.4 3.7
Technology 40.9 39.4 15
Debt Service 44.9 42.2 2.7
Total Expenditures $ 818.7 $ 797.7 $ 210
Prepaid Expenses 0.6
,,,, 1 Total School - n $ 22.9
\\,Ilby�l FY2018 Contribution- does not include$1.5M in revenue sharing due to
Schools from FY2018
Summary
ozommommilimomimm
o Fund Balance within Council policy
O 9.84% FY2018 vs 10.48%FY2017
o Reservations include(in millions):
•Inventories and Loan Receivable $11.0
•Carryforwards $0.9
•School Reversion and true up$24.4
•FY 2019 CIP Funding$31.0 •
•Risk Management funding$1.8
•Special projects
■ Human Services Electronic Implementation$4.0
• Salary Compression for FY 2019$3.0
• Increase for CIP for Dredging$3.5
October 16, 2018
18
CITY MANAGER'S BRIEFING
UNAUDITED FINANCIAL RESULTS
ITEM#68523
(Continued)
Here are the Next Steps:
Next Steps
maimmummimm
❑ Five Year Forecast November 20,2018
❑ FY2018 Audited Financials December 11,2018
❑ November Interim Financials December 11,2018
❑ FY2019 Budget Proposal March 26,2019
❑ FY2019 Budget Adoption May 14,2019
Mayor Jones expressed his appreciation to Mrs. Phillips, Ms. Kelly and their entire team for the
informative presentation.
October 16, 2018
19
CITY COUNCIL
COMMENTS
ITEM#68524
5:00 P.M.
Council Lady Kane advised she and Council Lady Wilson attended the Virginia Municipal League(VML)
Conference and accepted, on behalf of the City, the Platinum Level Green City Award. This marks the
10`h consecutive year the City has received this award. Council Lady Kane also advised she received the
Christmas ornament sent to the Governor's Office last year to return to the department who submitted it.
October 16, 2018
20
CITY COUNCIL
COMMENTS
ITEM#68525
(Continued)
Councilman Moss requested a copy of the recent audit for Virginia Beach Community Development
Corporation (VBCDC).
October 16, 2018
21
AGENDA REVIEW SESSION
ITEM#68526
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Resolution to APPROVE and ADOPT the Amended and Restated Articles of Incorporation re
Southeastern Public Service Authority of Virginia (SPSA)
2. Resolution to ADOPT the City's 2019 Legislative Agenda (Deferred from October 2, 2018)
3. Resolution to MOVE and RESCHEDULE the November 6, 2018 Regular Meeting of the City
Council to November 13, 2018 with time and location to remain same
4. Resolution regarding the effective date of prospective regulations re Home Sharing and Short
Term Rentals
5. Resolution to SUPPORT the City's 2018 Application to the Virginia Department of
Transportation (VDOT) re Bicycle and Pedestrian Safety Program at Pacific Avenue between 5"'
and 40`"Streets
6. Ordinance to AMEND City Code Section 8-70 re composition of the Local Board of Building
Code Appeals—Electrical Division
7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as
West Neck Road, Back Gate Drive, and Tin Barn Way located adjacent to the Subdivision of
Kingston Estates re construct and maintain two (2) entry wing walls
8. Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency
(FEMA):
a. $33,750 in Grant Funds to the FY2018-19 Police Department Operating Budget re marine
patrol dive equipment
b. $1,323,990 in Grant Funds to the FY2018-19 Fire Department Operating Budget re
continued operation of the Virginia Task Force 2 Urban Search and Rescue Team
c. $500,000 in reimbursement from the Federal Emergency Management Agency (FEMA) to the
FY2018-19 Fire Department Operating Budget re mobilization of the Virginia Task Force
2 Urban Search and Rescue Team for Hurricanes Lane, Olivia, and Florence
9. Ordinance to ACCEPT and APPROPRIATE:
a. $15,555 In Lieu of Park Reservation from the Trotter Court Subdivision to the Parks/Special
Use Facility Development and Renovations III CIP
b. $46,128.75 in donations from the Friends of Virginia Beach Public Libraries to the FY2018-
19 Department of Public Libraries Operating Budget
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#8c WILL BE CONSIDERED SEPARATELY
October 16, 2018
22
AGENDA REVIEW SESSION
ITEM#68526
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K PLANNING
1. KYLE W. &BAILEY B. FETTfor a Variance to Section 4.4(b)of the Subdivision Regulations
re lot width at 633 Princess Anne Road DISTRICT 7—PRINCESS ANNE
2. PRINCESS ANNE MEADOWS,LLC/WILLIAM&JAMES SNOWDEN for a Conditional
Change of Zoningfrom AG-1 Agricultural to Conditional R-10 Residential and Modification of
Proffers at the 2800-2900 Block of Princess Anne Road(Dated September 22, 2015)DISTRICT 7
—PRINCESS ANNE
3. GRIER HAHN ENTERPRISES,INC./POOLE'S DOCKSIDE,LLC for a Modification of
Conditions re commercial marina at 3311 Shore Drive(Approved April 22, 1974)DISTRICT 5
—LYNNHAVEN
4. CRESPO ENTERPRISES,INC. d/b/a ROADRUNNER TOWING&AC ENTERPRISES,
INC. d/b/a LOGAN'S TOWING/5312 VIRGINIA BEACH BOULEVARD,LLC for a
Conditional Use Permit re bulk storage yard at 5312 Virginia Beach Boulevard DISTRICT 2—
KEMPSVILLE
5. NOFISAT TAYO&BOLUDE JONES KOMOLAFE for a Conditional Use Permit re family
day-care home at 1961 Arlington Arch Drive DISTRICT 1 — CENTERVILLE
6. MAVIS BAHADOSINGH&NICHOLAS GRADYfor a Conditional Use Permit re family day-
care home at 1605 Cliffwood Drive DISTRICT 3—ROSE HALL
7. JASMEEN GOULD/CRUZ LIVING TRUST for a Conditional Use Permit re family day-care
home at 4440 Pissarro Drive DISTRICT 3—ROSE HALL
8. ANDERSON'S VIRGINIA BEACH,LLC/AGI-VB HOLDINGS,LLC for a Conditional Use
Permit re outdoor recreational facility at 1925 Fisher Arch DISTRICT 7—PRINCESS ANNE
9. MARY BOZARD/THOMAS LEE BOZARD for a Conditional Use Permit re residential kennel
at 2880 Indian River Road DISTRICT 7—PRINCESS ANNE
10. THE EDGE SPORTS,LLC/FAIRFIELD TIC,LLC;BCP TIC,LLC;DMF TIC,LLC; GCK
TIC,LLC for a Conditional Use Permit re indoor recreational facility at 5258-A Fairfield
Shopping Center DISTRICT 2—KEMPSVILLE
11. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the
Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton
Station Strategic Growth Area Master Plan 2009 and AMEND the Executive Summary, Sections
1.2(Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action)of the
Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan
October 16, 2018
23
ITEM#68527
Mayor Louis 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:
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).
• Greg Vogel v. City of Virginia Beach
• M/Y Alexis 7/28/18 Grounding in Rudee Inlet
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope
of such contract, where discussion in an open session would adversely
affect the bargaining position or negotiating strategy of the public body
pursuant to Section 2.2-3711(A)(29)
• Norfolk Water Contract
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
October 16, 2018
24
ITEM#68527
(Continued)
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 5:13 P.M.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
Closed Session 5:13 P.M. - 5:59 P.M.
October 16, 2018
25
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 16,2018
6:00 P.M.
Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in
the City Council Chamber, City Hall, on Tuesday, October 16, 2018, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, 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:
None
INVOCATION: Reverend Ken Christian,Jr.
Pastor, New Life Presbyterian 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 Real Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34`h Street
Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation,
the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna
has an interest in numerous matters in which she is not personally involved and of which she does not
have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the
State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review
the agenda for each meeting of City Council for the purpose of identifying any matters in which she might
have an actual or potential conflict. If, during her review of the agenda for any given meeting of the
Council, she identifies a matter in which she has a "personal interest,"as defined in the Act, she will file
the appropriate disclosure letter to be recorded in the official records of the City
Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is
hereby made part of the record.
October 16, 2018
26
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.
October 16, 2018
27
ITEM— VI-E
CERTIFICATION
ITEM#68528
Upon motion by Councilman Dyer, seconded by Vice Mayor Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
Er71: 5! 2
S
OUR N ��
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#6852 7 Page 24 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.
la,I ill, a
Amanda :ames, I MC
City Clerk October 16,2018
28
ITEM— VI-F
MINUTES
ITEM#68529
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSION of October 2, 2018
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Abstaining:
Shannon DS Kane
Rosemary Wilson
Council Members Absent:
None
October 16, 2018
29
ADOPT AGENDA
FOR FORMAL SESSION
ITEM#68530
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 16, 2018
30
ITEM—VI-H.1
MAYOR'S PRESENTATION
ITEM#68531
PROCLAMATION
EXTRA MILE DAY
Mayor Jones welcomed James E. Parke, Volunteer Resources, and presented the Proclamation declaring
October 16, 2018, "EXTRA MILE DAY". Mayor Jones urges each member of the community to take time
on this day to not only "go the extra mile" in her or her own life, but to also acknowledge all those who
are inspirational in their efforts and commitment to make their organizations, families, communities,
country or world a better place.
Father Parke expressed his appreciation to City Council for this recognition and invited the citizens to
become engaged to help make the City a better place to live.
October 16, 2018
14
1.$t4
c
S �
ses r2
lgrs
OF OUR 0.00
• rottamation
t The City of Virginia Beach is a community which acknowledges that a special
vibrancy exists within the entire community when its individual citizens collectively
"go the extra mile"in personaleffort,volunteerism, and service;and
Whereas:: Virginia Beach is a community which encourages its citizens to maximize their
personal contribution to the community by giving of themselves wholeheartedly and
with total effort, commitment, and conviction to their individual ambitions,family,
friends, and community;and
'+iiereas: Virginia Beach is a community which chooses to shine a light on and celebrate
individuals and organizations within its community who "go the extra mile"in order
to make a difference and Oft up fellow members of their community;and
'WKereas: Virginia Beach acknowledges the mission of Extra Mile America to create 575 Extra
Mile cities in America and is proud to support "Extra Mile Day" on November 1,
2017.
Now, ?herefore, I, Louis W Jones, Mayor of the City of Virginia Beach, Virginia, do hereby
Proclaim:
October 16, 2018
E,Ictra 9vti(e (Day
In Virginia Beach, and urge each individual-in the community to take time on this day to not only
"go the extra mile"in his or her own life, but to also acknowledge all those who are inspirational in
their efforts and commitment to make their organizations,families, community, country, or world a
better place.
In 'Witness 'Whereof I have hereunto set my hand and caused the Official Seal of the City of
Virginia Beach, Virginia, to 6e affixed this Sixteenth day of October, Two Thousand-Eighteen.
•
Louis12.Jones
Mayor
31
ITEM—VI-H.2
MAYOR'S PRESENTATION
ITEM#68532
PROCLAMATION
NATIVE AMERICAN HERITAGE MONTH
Mayor Jones welcomed Lee Lockamy, Nansemond Indian Tribe Council and presented the Proclamation
declaring November 2018, "NATIVE AMERICAN HERITAGE MONTH". Mayor Jones called upon
citizens, government agencies, public and private institutions, businesses and schools in the City to
recognize the contributions of Native American to the history and development of the City, State, and
Nation and to commemorate this month with appropriate activities.
Mayor Jones further acknowledges the contributions of the Nansemond Indian Tribe to the vitality of the
City, both past and present, and the pride we have in their association with the community.
October 16, 2018
4cu11/'•aFyc
%
e.
9�+s __..is 0�6
Op DUR NATo's
Vrotharmmation
WXEW,S: Native Americans have made use of the natural resources in Virginia and Virginia
Beach for over 1 5,000 years;and
'W1pEEAS: Native Americans prospered in Virginia as hunters and gatherers for thousands of
years living in bands and encampments;and
W1!EES: Native Americans developed tribalrelationships and settled in hamlets and villages;
and
WXEWS: `The Chesapeake Indian Tribe resided in a village in Virginia Beach at the time of or
just prior to the early seventeenth century settlement of the region by England and
WIlE4RAS: Members of the Nansemondlndian tribe moved eastward settling in areas that
included Virginia Beach;and
WHETS: An Indian reservation in the Tungo area of Virginia Beach was occupied by
Nansemondlndians in the late seventeenth century;and
WXE A,S: The Commonwealth of Virginia officially recognized the Nansemond Indian Tribe in
1985;and
'WXEWIS: The'United States of America officially recognized the Nansemond Indian Tribe in
2018;and
WHtE4_AS: Members of the Nansemond Indian Tribe play an essential role in the Virginia Beach
community today;and
Wi!E FAS: Chief Lee Lockamy is a resident of the City of Virginia Beach;and
WJEWS: November was first declared as Native American Heritage Month in the'United
States of America in 1990;and
1W ERAS: November is also commemorated as Native American 2-(eritage Month in the
Commonwealth of Virginia;
NOW,TI E4 E'O4 A I,Louis ti,Jones,Mayor of the City of Virginia Beach,Virginia,do hereby
proclaim
November 2018
Native American 5feritage Month
In Virginia Beach,and furthermore call upon the citizens,government agencies,public and private
institutions, businesses and schools in Virginia(Beach to recognize the contributions of Native
Americans to the history and development of the city,state and nation and to commemorate this
month with appropriate activities.
In testimony whereof I have hereunto set my hand and caused the Official-Sear of the City of Virginia
Beach,Virginia, to be affixed this 16th day of October, two thousand eighteen.
Aitig410V
•
Louis 12,Jones
Mayor
32
ITEM- VI-L1
PUBLIC HEARINGS
ITEM#68533
Mayor Jones DECLARED A PUBLIC HEARING:
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (SPSA)
Amended and Restated Articles of Incorporation
There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING
October 16, 2018
33
ITEM-VI-J
ORDINANCES/RESOLUTIONS
ITEM#68534
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT:Agenda Items 1, 3, 5, 6, 7, 8a/b and 9a/b
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
34
ITEM-VI-J.1
ORDINANCES/RESOLUTIONS
ITEM#68535
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution to APPROVE and ADOPT the Amended and Restated Articles of Incorporation
re Southeastern Public Service Authority of Virginia (SPSA)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 A RESOLUTION APPROVING AND ADOPTING
2 AMENDED AND RESTATED ARTICLES OF
3 INCORPORATION FOR THE SOUTHEASTERN
4 PUBLIC SERVICE AUTHORITY OF VIRGINIA
5
6 WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and
7 Virginia Beach, and the counties of Isle of Wight and Southampton ("Member
8 Localities") created the Southeastern Public Service Authority of Virginia ("SPSA")
9 pursuant to the Virginia Water and Waste Authorities Act (the "Act"), Va. Code § 15.2-
10 5100, et seq.; and
11
12 WHEREAS, by amendment to the Act enacted under 2018 Va. Acts of Assembly
13 House Bill 1560 and codified in Va. Code § 15.2-5102.1, certain changes were made
14 regarding term limitations for members of SPSA's Board of Directors appointed by the
15 Member Localities, that require amendments to its Articles of Incorporation (the
16 "Articles"); and
17
18 WHEREAS, the amendments that are needed to bring the Articles into
19 conformance with the changes in the Act are set forth in the attached Amended and
20 Restated Articles of Incorporation (the "Amended Articles"); and
21
22 WHEREAS, the Act requires that any amendments to the Articles must be
23 adopted by concurrent resolutions, ordinances or agreements of all the Member
24 Localities and that before any resolutions can be adopted, the councils and boards of
25 supervisors of each of the Member Localities must comply with certain notice,
26 advertising and public hearing requirements set forth in the Act; and
27
28 WHEREAS, in furtherance of the requirements of the Act, proper notice of a
29 hearing and other information required by the Act was published and the councils and
30 boards of supervisors of the Member Localities ("Councils and Boards") adopted
31 separate resolutions approving and adopting the Amended Articles; and
32
33 WHEREAS, the separate resolutions of the Member Localities authorized each of
34 the Member Localities to execute this single Concurrent Resolution.
35
36 NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
37 OF VIRGINIA BEACH, VIRGINIA:
38
39 1. The preliminary estimates of capital costs, proposals for any specific
40 projects to be undertaken by the Authority and preliminary estimates of initial rates for
41 services of such projects were not included in the Amended Articles because they are
42 not germane to the process of amending the Articles and, in any event, the councils and
43 boards of the Member Localities find that inclusion of such information is impracticable.
44
45 2. Pursuant to the provisions of the Act, the City Council hereby approves
46 and adopts the Amended Articles.
47
48 3. This resolution adopting the Amended Articles shall be effective as of
49 July 1, 2018.
50
51 4. The City Councils directs that the Mayor (i) execute the Amended Articles
52 attached hereto, (ii) cause the executed Amended Articles to be filed with the Virginia
53 State Corporation Commission, and (iii) do all other things necessary or appropriate to
54 amend the Articles pursuant to the Amended Articles, including the execution of this
55 single Concurrent Resolution with other Member Localities.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16t1day of
October , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
1/714 te,/ / j
Department of, ublic Works 0 ice of the City Attorney
CA14522
R-1
October 3, 2018
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
The Councils of the Cities of Chesapeake, Franklin,Nansemond,Norfolk,Portsmouth,
Suffolk, and Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and
Southampton created the Southeastern Public Service Authority of Virginia(the"Authority"),
formerly the Southeastern Water Authority of Virginia,pursuant to the Virginia Water and Waste
Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the"Act"),
formerly the Virginia Water and Sewer Authorities Act(Chapter 28, Title 15.1, Code of Virginia
of 1950,as amended), as a public body politic and corporate,by adopting Articles of Incorporation
effective January 24, 1973 (the"Original Articles"). On January 1, 1974,the Cities of Nansemond
and Suffolk were consolidated into a single city and the terms of the members representing those
cities terminated and the governing body of the consolidated City of Suffolk appointed a member
to fill the vacancy and serve for the unexpired term. By concurrent resolutions, adopted by the
Councils and the Boards of Supervisors of the Cities of Chesapeake, Franklin,Norfolk,
Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton
(collectively,"SPSA Member Communities"),the Original Articles were amended by Articles of
Amendment dated January 15, 1976 (the "1976 Amendment") and1976,by Articles of
Amendment dated July 15, 1983 (the "1983 Amendment'').and by Amended and Restated
Articles effective January 1, 2010. In view of recent amendments to the Act that become
effective Januar)July 1, 2010,2018,the Councils and the Boards of the SPSA Member
Communities by concurrent resolutions have adopted these Amended and Restated Articles of
Incorporation of the Southeastern Public Service Authority of Virginia that become effective en
Januaryas of July 1,20102018•and hereby certify:
I 1552598 11552591.2
(a) The name of the Authority is"Southeastern Public Service Authority of Virginia"
and the location of its principal office is in Chesapeake,Virginia.
(b) The powers of the Authority shall be exercised by a board of directors (the
"Board") consisting of sixteen(16)members selected in the following manner: (i)one member
from each participating political subdivision who shall be selected and appointed by the Governor
(each, a "Governor Appointed Board Member")from a list of three proposed members submitted
by the governing body of each participating subdivision, which proposed members shall possess
general business knowledge and shall not be an elected official, and (ii)one member from each
participating political subdivision who shall be directly appointed upon a majority vote of the
governing body of the political subdivision and who shall be an employee of the political
subdivision (each a"Locality Appointed Board Member").
(c) The first members of the Board consisted of one member residing in and appointed
by the governing body of each of the original incorporating political subdivisions. The names and
addresses of the first Board members,the names of the appointing political subdivisions and the
year of expiration of the terms of the first Board members were as follows:
Name Address Appointing Political Subdivision Expiration of Terms
Mrs. Marian P. Whitehurst, Mayor Chesapeake 1975
P.O. Box 15225, Chesapeake, VA
Dr. Darden W. Jones, Mayor Franklin 1973
P.O. Box 96, Franklin, VA
Gurley A. Barlow, Jr., Chairman Isle of Wight 1974
Board of Supervisors, Route 1,
Smithfield, VA
D.J. Magnum, Jr., Mayor Nansemond 1973
318 Sherwood Dr., Suffolk,VA
Roy B. Martin, Jr., Mayor Norfolk 1976
City Hall,Norfolk,VA
2
1 1552598.11-1552591.2
Name Address Appointing Political Subdivision Expiration of Terms
Jack P. Barnes, Mayor Portsmouth 1975
1 High Street, Portsmouth, VA
W. H. Story, Chairman Southampton 1974
Board of Supervisors, Capron, VA
James F. Hope, Mayor Suffolk 1973
P.O. Box 1569, Suffolk, VA
Robert B. Cromwell,Jr., Mayor Virginia Beach 1976
P.O. Box 5533, Virginia Beach, VA
The terms of the first members began on the date of the issuance to the Authority of
the certificate of incorporation by the State Corporation Commission and expired on December 31
of the years set forth above.
(d) Alternate Board members may be selected in the same manner as Board members.
Alternate Board members selected by the Governor shall have the same qualifications as Governor
Appointed Board Members. Alternate Board members selected by the participating political
subdivisions shall have the same qualifications as Locality Appointed Board Members.
(e) The successor of each Board member shall be appointed for a term of four years,
except that any person appointed to fill a vacancy shall serve only for the unexpired term. Board
members shall hold office until their successors shall have been appointed and qualify, and any
member shall be eligible for reappointment to succeed himself;provided,however,that no
Governor Appointed Board fftembefMember shall serve for more than two consecutive
four-year terms, except that any memberGovernor Appointed Member appointed to the
unexpired term of another shall be eligible to serve two consecutive four-year terms. The term of
each Ex officioLocality Appointed Board Member shall expire upon such member's ceasing
3
I 1552598.1 I-1552598.2
full-time salaried employment with such member's participating political subdivision. Each
Governor Appointed Board Member may receive compensation of$25 per meeting attended but
not to exceed $600 per year, or such other compensation as may be determined from time to time
by resolutions of the governing bodies of the member political subdivisions, but each
Ex officioLocality Appointed Board Member shall serve without compensation. Each Board
member shall be reimbursed the amount of the member's actual expenses necessarily incurred in
the performance of the member's duties.
(f) The Authority has been formed for the purposes of financing, constructing,
operating and maintaining a water system and a garbage and trash collection and disposal system,
all pursuant to the provisions of the Act. The core purpose of the Authority is the management of
the safe and environmentally sound disposal of regional waste.
The Authority may contract with its participating political subdivisions, any
sanitary district thereof or any authority therein created pursuant to the Act to furnish water service
and garbage and trash collection and disposal service upon such terms as the Authority shall
determine: provided, however,that the same schedule or service rates shall be applicable to all
such political subdivisions unless the Authority,by unanimous consent of its Board members,
authorizes different service rates for any one or more of the participating political subdivisions.
The Authority is expressly prohibited from contracting with any other party desiring a supply of
water except upon the written consent of the city or county within the geographical boundary of
which such party is located.
(g) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end of
4
11552598.1 I-1552598.2
each fiscal year and a certified copy thereof to be filed promptly with the governing body of each
of the participating political subdivisions.
[Remainder of this page intentionally left blank—signature pages follow]
IN WITNESS WHEREOF,the Councils of the Cities of Chesapeake, Franklin,Norfolk,
Portsmouth, Suffolk,Virginia Beach and the Boards of Supervisors of the Counties of Isle of
Wight and Southampton have caused these Amended and Restated Articles of Incorporation to be
executed on their behalf by their proper officers and their seals to be affixed and attested by their
Clerks, on the date appearing above the seal.
CITY OF CHESAPEAKE
Date: By
Title: Mayor
(SEAL)
ATTEST:
Clerk
5
1 1552598.1I-1552598.2
CITY OF FRANKLIN
Date: By
Title: Mayor
(SEAL)
ATTEST:
Clerk
6
11552598.1 I-155259R_2
CITY OF NORFOLK
Date: By
Title: Mayor
(SEAL)
ATTEST:
Clerk
7
I 1552598.1 1-1552591_2
CITY OF PORTSMOUTH
Date: By
Title: Mayor
(SEAL)
ATTEST:
Clerk
8
11552598.1 I-15525913.2
CITY OF SUFFOLK
Date: By
Title: Mayor
(SEAL)
ATTEST:
Clerk
9
11552598.1E1552591.2
CITY OF VIRGINIA BEACH
Date: By
Title: Mayor
(SEAL)
ATTEST:
Clerk
10
11552598.1 I-155259L2
COUNTY OF ISLE OF WIGHT
Date: By
Title: Chair of Board of Supervisors
(SEAL)
ATTEST:
Clerk
11
11552598.1 1-1552598.2
COUNTY OF SOUTHAMPTON
Date: By
Title: Chair of Board of Supervisors
(SEAL)
ATTEST:
Clerk
12
I 1552598.11-15525981
VIRGINIA ACTS OF ASSEMBLY -- 2018 SESSION
CHAPTER 547
An Act to amend and reenact§ 15.2-5102.1, as it is currently effective, of the Code of Virginia, relating
to Hampton Roads area authority; board terms.
[H 1560]
Approved March 30,2018
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-5102.1, as it is currently effective, of the Code of Virginia is amended and reenacted
as follows:
§ 15.2-5102.1. (Contingent expiration date) Hampton Roads area refuse collection and disposal
system authority.
Any authority, or any subsidiary thereof, organized pursuant to § 15.2-5102 to operate a refuse
collection and disposal system that has among its members the Cities of Norfolk, Virginia Beach,
Portsmouth, Chesapeake, and Franklin, and the Counties of Isle of Wight, Southampton, and Suffolk,
shall, notwithstanding any other law to the contrary, comply with the following requirements:
1. Each locality that is a member of the authority shall be entitled to nominate individuals to fill one
position on the Board of Directors (the Board) by submitting a list of three potential directors, each of
whom shall possess general business knowledge and shall not be an elected official, to the Governor.
The Governor shall then select and appoint one director from each of the lists of nominees prepared by
the member localities. In addition, each member locality shall be authorized to directly appoint, upon a
majority vote of the governing body of the member locality, one ex officio member of the Board who
shall be an employee of the member locality. The members of the Board shall be appointed for terms of
four years each. Vacancies occurring other than by expiration of a term shall be filled for the unexpired
term. Vacancies shall be filled in the same manner as the original appointments. No member shall serve
for more than two consecutive four-year terms, except that (i) any member appointed to the unexpired
term of another shall be eligible to serve two consecutive four-year terms and (ii) a member directly
appointed by the governing body of a member locality shall not be subject to a term limit.
2. The authority shall develop and maintain an overall strategic plan that shall cover a period of at
least five years forward from the year in which it is submitted and approved by the Board. The plans
shall be reviewed annually to determine whether amendments are needed. Any such amendments shall
be submitted to the board of directors for approval.
3. The authority's core purpose shall be defined as "management of the safe and environmentally
sound disposal of regional waste." The authority shall devote its time and effort to activities associated
with its core purpose. A vote of a majority of the Board shall be required prior to undertaking any
activities not associated with the authority's core purpose.
4. The authority shall develop and maintain a strategic operating plan identifying all elements of its
core business units and core purpose, how each business and administrative unit will support the overall
strategic plan, and how the authority will achieve its stated mission and core purpose. The strategic
operating plan shall be subject to review and approval of the Board on an annual basis.
5. The authority shall consider outsourcing any or all functions that may result in reduced costs to
the authority, and the authority shall annually issue requests for proposals that potentially reduce the
costs of any of its programs. In addition, the authority shall accept and review any proposals under the
Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) that potentially
reduce the costs of any of the authority's programs.
6. The authority shall evaluate its landfill capacity annually, taking into consideration and projecting
future changes in the quantity of waste disposed of in its landfill, or landfills reasonably situated or
contractually obligated to accept its waste.
7. The authority shall keep records of its costs, revenue, debts, and capital expenses by fiscal year
for each program. The authority shall also keep records of costs for each individual capital project.
8. The authority shall maintain a detailed financing plan that shall include a plan for the retirement
of all debt and a plan for the funding of all planned capital projects. The plan for the funding of all
planned capital projects shall specify the amount of debt the authority will issue in furtherance of the
projects and the debt repayment plan for any new debt created by the capital projects, including the
revenue source that will be used to repay the debt. The detailed financing plan shall be updated and
approved annually by the Board and reviewed and certified annually by an external certified public
accountant.
9. Prior to issuance of new debt, the Board shall perform a due diligence investigation of the
appropriateness of issuing the debt, including an analysis of the costs of repaying the debt. Such analysis
shall be certified by an external certified public accountant, reviewed by the Board, and approved by a
2 of 2
vote of a minimum of 75 percent of the Board. The issuance of new debt shall require a vote of a
minimum of 75 percent of the Board of Directors of the authority. The authority shall not issue
long-term bond indebtedness to fund operational expenses. The provisions of this subdivision shall not
apply to the issuance of new debt issued for the purpose of refunding or refmancing debt incurred by
the authority prior to September 30, 2009.
10. In the interest of open and transparent government, the authority shall adhere strictly to the
requirements of the Freedom of Information Act (§2.2-3700 et seq.).
11. The executive director of the authority shall not be permitted to execute or commit the authority
to any contract, memorandum of agreement or memorandum of understanding without an informed vote
of approval by the Board. This subdivision shall not apply in the case of (i) contracts for the purchase
of goods and services for an aggregate sum of less than $30,000, which are subject to the Virginia
Procurement Act (Va. Code § 2.2-4300 et seq.) but exempted from competitive negotiation or
competitive sealed bidding by a duly adopted policy of the Board and (ii) sole source and emergency
procurements made pursuant to subsections E and F of§2.2-4303.
35
ITEM-VI-J.2
ORDINANCES/RESOLUTIONS
2019 LEGISLATIVE AGENDA
ITEM#68536
The following registered to speak:
Danny Lee Ginn, 1945 Pleasant Ridge Road, Phone; 857-4509, spoke in OPPOSITION of the Ward System
Gary McCollum, 3901 Meeting House Road, Phone; 708-5987, spoke in OPPOSITION of the Ward System
Marlayne Castelluzzo, 5189 Stratford Chase, Phone; 474-4346, spoke in SUPPORT of Legislative Items
proposed by Councilman Moss and Council Lady Abbott
After City Council discussion, Mayor Jones made a MOTION, seconded by Council Lady Wilson, to
VOTE SEPARATELY on each of the following items in the City's 2019 Legislative Agenda (Deferred
from October 2, 2018):
J.2.3. Voting Rights
J.2.10. State of Virginia Enact Enabling Legislation For Sales Tax on All Internet Sales
J.2.20. City Charter Limitation On The Issuance Of Public Facility Revenue Bonds And Other
Efforts To Circumvent The City Charter Debt Provisions
J.2.21. Single Member District Voting For The Seven District Representatives
J.2.22. Constitutional Amendment To Allow General Assembly To Impose Term Limits On
Governing Bodies
J.2.23. Establish The Hurricane And flooding Risk Reduction And Bond Rating Protection Act Of
2019
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
-\11
I4
3. VOTING RIGHTS
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL&THE HUMAN RIGHTS COMMISSION
Background Information:
The right to vote is a fundamental right of every citizen of our Commonwealth and nation,and it is
the foundation of our democracy. Barriers to the ballot box harm our state and our country and are
inconsistent with the ideals and principles upon which our great nation and our Commonwealth
were founded. Additionally, the drawing of electoral districts can promote or depress voter
turnout, depending in part on whether districts are drawn in order to respect the boundaries of
localities, neighborhoods,and communities of common interest or are drawn primarily for political
advantage. Increased voter participation strengthens our democracy and results in leaders who
are responsive to the diverse needs of all of our citizens.
Request:
The City requests that the General Assembly remove barriers to voter participation, enact
nonpartisan redistricting reform, and improve the ability of all Virginia citizens to exercise their
fundamental right to vote.
10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON
ALL INTERNET SALES
SPONSORED BY MAYOR LOUIS R.JONES
Background Information:
Currently, the state and federal law allows collection of sales and use tax on internet sales if the retailer
has a physical presence in Virginia. For all other online purchases, it is incumbent upon the consumer
who purchased the item to report their sales tax obligation. In South Dakota v. Wayfair(2018), the
United States Supreme Court overturned existing case law and affirmed South Dakota legislation that
required out of state sellers and retailers to collect sales taxes and remit them to jurisdictions on behalf
of the consumer. Notably, the challenged South Dakota legislation contained exemptions limiting
payment compliance to vendors that deliver more than $100,000 of goods or services to South Dakota or
engage in 200 or more separate transactions for the delivery of goods or services into South Dakota
annually. The ruling by the Supreme Court placed heavy weight upon these exemptions, which has led
to other states to adopt South Dakota's standards as their own. The Commonwealth of Virginia currently
has conditional legislative language in place to authorize collection of sales and use tax on dealers
"under the provisions of...an opinion of the United States Supreme Court" but does not spell out
exemptions as contained in the South Dakota legislation or referenced within the Wayfair opinion.
Secretary of Finance Aubrey Layne estimates that the Commonwealth will generate between $280
million and $300 million for the state. Virginia Beach's share of this revenue will be dependent on how
the General Assembly opts to dedicate or distribute this additional revenue. Growth is projected to be
over$220 billion nationwide from 2017 to 2022. $409 billion to $638 billion or 17% of all retail.
(Source Statista)
Request:
The General Assembly is requested to enact legislation to the standard set by the South Dakota
legislature as affirmed by the United States Supreme Court. The General Assembly is also requested to
maintain current sales and use tax rates and preserve state and local sales and use tax revenue
distributions as presently allocated. Any new revenue derived from expansion of taxing internet sales
should be reserved for K-12, especially increasing average teacher compensation and school
construction.
0
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1 27
20. CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC FACILITY REVENUE BONDS
AND OTHER EFFORTS TO CIRCUMVENT THE CITY CHARTER DEBT PROVISIONS
SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT
Background Information:
When the City Charter was conceived by the late Mr. Sidney Kellam and colleagues,the intent was to impose
barriers on the issuance of general obligation debt without either the public's approval in a referendum or a
supermajority vote of the Council. In 1962 founders of the City could not have anticipated that the intent of
the City Charter's public debt issuance restrictions would be circumvented by issuing debt by a third party.
The public debt issued by the City of Virginia Beach Development Authority(VBDA) on behalf of the City
is subject to annual appropriation; therefore, this debt is not backed by the full faith and credit of the City,
which denies it the status of general obligation debt,but its effect on the City's bond rating is the same.
Debt issued by the VBDA does not require a supermajority vote of the City Council; therefore, the issuance
of Public Facility Revenue Bonds for City facilities and other debts circumvents the intent of the protection
the General Assembly extended to Beach property owners/taxpayers in the Charter granted to residents of
Virginia Beach.
The Virginia Beach City Council's use of the VBDA as a vehicle to circumvent the City Charter's vesting of
Virginia Beach voters a positive check on City Council to burden the public with debt,while legal,is a breach
of the covenant between the Charter proposed by the General Assembly and ratified and adopted by the voters
of Virginia Beach.
It is imperative that the General Assembly restore the integrity of the Charter it partnered with the people of
Virginia Beach to put in place for its self-governance.
Public Facility Revenue Bonds issued by year and issuance total (new money only):
1998 (Human Services Bldg Lease) $9,800,000
2002 PFRB Issue $23,855,000
2004 PFRB Issue $165,000,000
2005 PFRB Issue $103,900,000
2007 PFRB Issue $100,865,000
2010 PFRB Issue $17,000,000
2012 PFRB Issue $22,580,000
2013 PFRB Issue $20,960,000
2014 PFRB Issue $44,975,000
2015 PFRB Issue $48,245,000
2016 PFRB Issue $21,225,000
2018 PFRB Issue $33,395,000
Total $611,800,000
Public Facility Revenue Bonds debt service payments,principal to be retired, annual interest payment and
end of year outstanding debt for outstanding Public Facility Revenue Bonds:
" ft
Fiscal Debt Service Principal Interest End of Year
Year Retired Payment Outstanding
Debt
2019 $49,135,420 $34,855,000 $14,280,420 $297,295,000
2020 $49,198,981 $36,505,000 $12,693,981 $260,790,000
2021 $46,542,706 $35,710,000 $10,832,706 $225,080,000
2022 $45,644,606 $36,585,000 $9,059,606 $188,495,000
2023 $43,119,806 $35,845,000 $7,274,806 $152,650,000
2024 $37,988,406 $32,265,000 $5,723,406 $120,385,000
2025 $26,075,331 $21,585,000 $4,490,331 $98,800,000
2026 $18,697,456 $15,180,000 $3,517,456 $83,620,000
2027 $17,049,356 $14,190,000 $2,859,356 $69,430,000
Total $333,452,070 $262,720,000 $70,732,070
Request:
To restore the meaningfulness of the City Charter's protection to the property owners and taxpayers
conveyed by its restrictions on the issuance of public debt, the City Council requests that the General
Assembly amend the City Charter to require that all debts issued directly by the City or by a third party
where that debt is subject to a pledge of City revenues independent of the basis or time period requires
either a public referendum or a supermajority vote for approval.
The following is the text of the requested amendment to add new Section 6.07:
Section 6.07—Limitations on Authority to Pledge City Tax and Fee Revenues
(a) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the Code of
Virginia (the Virginia Public Finance Act), the City shall have no authority and is exclusively
prohibited from pledging tax or fee revenues to make payments or to otherwise make any payment on
bonds, notes, or other debt instruments not issued in the name of the City of Virginia Beach, Virginia.
Additionally, no debt issued by the City of Virginia Beach Development Authority after the effective
date of the provisions of this section shall be repaid by funds collected by,paid to, or appropriated by
the City or from funds otherwise directed under an ordinance or resolution passed by the City Council.
Provisions of this section shall not apply to the Literary Loan Program or debt issued by the Virginia
Resources Authority.
(b) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the Code of
Virginia, the City shall have no authority and is exclusively prohibited from pledging tax or fee
revenues to make payments or to otherwise make any payment on a lease purchase or like debt
instrument where the City is not the lone party named in such obligation and where the City is the
direct consumer or recipient of the contractual product or services.
(c) This section shall not alter any obligations incurred prior to its effective date. After the effective date,
any discretionary obligation not executed, option not exercised, or other action that is prohibited by
this section or otherwise violates the provisions of this section shall be deemed void and of no effect.
21. SINGLE MEMBER DISTRICT VOTING FOR THE SEVEN DISTRICT REPRESENTATIVES
SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT
Background Information:
Currently, all members of the City Council are elected on an at-large basis, including the seven
councilmembers who represent each of the City's seven residence districts. In a single member district-based
system, only the voters within a particular district select their district's councilmember. District-based
elections may give groups within a residency district a better chance of being represented on the City Council.
District councilmembers may be more attuned to the unique problems of their constituents, and a change to
district-based elections could improve citizen participation because councilmembers who represent a district
may be more responsive to their constituents.
Request:
The City Council requests the General Assembly amend the City Charter to change the seven residence
districts to single-member districts or wards. This will allow the voters in each district to elect the
representative from the district.
Additionally, because the 2011 redrawing of the residence districts did not account for single-member
districts,many of the precincts include more than one residence district within the precinct boundaries. In the
hope of avoiding confusion in the administration of local elections, the City requests the effective date for
this Charter amendment to be January 1, 2021, which will allow the 2021 redrawing of districts to proceed
in a manner that reduces the number of split precincts.
--,„
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1 30
22. CONSTITUTIONAL AMENDMENT TO ALLOW GENERAL ASSEMBLY TO IMPOSE TERM
LIMITS ON LOCAL GOVERNING BODIES
SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT
Background Information:
The Virginia Constitution has relatively few qualifications to hold elective office in the Commonwealth. A
1991 Opinion by the Virginia Attorney General concluded a statute limiting members of a locally elected
body to two terms would be invalid under the provisions of the Virginia Constitution.
This item seeks to begin the process of amending the Virginia Constitution to allow the General Assembly
to impose term limits for local governing bodies. If the request succeeds in meeting the requirements for
amendment to the Virginia Constitution, the Council would later seek a statute that would limit the number
of terms of a member on the Virginia Beach City Council to three four-year terms.
Request:
The City Council requests the General Assembly begin the process of amending the Virginia Constitution to
allow the General Assembly to impose term limits for the City Council of Virginia Beach.
23. ESTABLISH THE HURRICANE AND FLOODING RISK REDUCTION AND BOND
RATING PROTECTION ACT OF 2019
SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT
Background Information:
Flooding is a risk to communities from the mountains to the sea. This can be from hurricanes, nor'easters,
mountain flooding, and other natural causes. Nowhere in the state is immune to such calamities. Hurricane
Camille in the late 1960s caused over 100 deaths in the area of Nelson County. Arlington has had recurrent
flooding from the Potomac River, and flooding on The Eastern Shore, Tangier Island and other coastal
Virginia areas and is all too frequent. Although many communities like Virginia Beach have robust
programs to address recurrent flooding, Virginia Beach is programming over$ .5 billion in flooding control
and elevation of roads; no locality can stand alone. This is a statewide issue and demands statewide
addressing. During the 2018 session of the General Assembly, Senate Bill 985 by Senator Wagner and a
companion bill in the House by Delegate Miyares were introduced. These would have established the
hurricane and flooding risk reduction and Bond Rating Protection Act of 2018. They would have gone a
long way in addressing the lack of coordination within the state among the various agencies both state,
federal and local and furthermore, would have set up a process to force the Commonwealth to partner with
the US Army Corps of Engineers. The Senate bill passed Senate, but was defeated in the House
Appropriations Committee because of the fiscal impact. The House Bill met a similar fate.
Request:
The General Assembly is requesting to pass and fund legislation much like Senate Bill 985 from the 2018
session of the General Assembly and House Bill 229. This would establish a process and capability within
the Commonwealth to address which is rapidly becoming a much more persistent issue.
36
ITEM-VI-J.2.3
ORDINANCES/RESOLUTIONS
2019 LEGISLATIVE AGENDA
ITEM#68537
Upon motion by Council Lady Kane, seconded by Councilman Uhrin, City Council ADOPTED Item 12.3
Voting Rights, in the 2019 Legislative Agenda
Voting: 9-1
Council Members Voting Aye:
Jessica P. Abbott, 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 Voting Nay:
John D. Moss
Council Members Absent:
None
October 16, 2018
37
ITEM-VI-J.2.10
ORDINANCES/RESOLUTIONS
2019 LEGISLATIVE AGENDA
ITEM#68538
Upon motion by Council Lady Wilson, seconded by Councilman Moss, City Council ADOPTED Item
J.2.10 State of Virginia Enact Enabling Legislation For Sales Tax on All Internet Sales, in the 2019
Legislative Agenda
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 Abstaining:
Jessica P. Abbott
Council Members Absent:
None
October 16, 2018
n
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igiriia --each
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October 17, 2018
JESSICA P ABBOTT CELL PHONE (757)577-2068
COUNCt LADY-DISTRICT 2-KEMPSVILLE OFFICE PHONE: (757)744-3407
JABBOTTOVBGOV.COM
In Reply Refer to 0064023
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act§ 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act,I make the following
declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on a resolution adopting the City's 2019 legislative agenda. One of the items in the
agenda package—item 10—requests that the state enact enabling legislation for
sales tax on all intemet sales.
2. I have a personal interest in Alpenglow Imprints,an internet-based business which
is located at 2505 Lower Greens Place,Virginia Beach,VA 23456.
3. I abstained from voting on item 10 last night, and I am making this written
disclosure of the reason for my abstention.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Aar Alei
Jessie._ Abb.
Councilmember
JPA/RRI
4646 PRINCESS ANNE ROAD,SUITE#103,VIRGINIA BEACH,VIRGINIA 23464
38
ITEM-VI-J.2.20
ORDINANCES/RESOLUTIONS
2019 LEGISLATIVE AGENDA
ITEM#68539
Councilman Moss made a MOTION to ADOPT Item J.2.20 City Charter Limitation On The Issuance
Of Public Facility Revenue Bonds And Other Efforts To Circumvent The City Charter Debt Provisions,
in the 2019 Legislative Agenda, seconded by Council Lady Abbott
Council Lady Wilson then made a SUBSTITUTE MOTION to REMOVE Item J.2.20 City Charter
Limitation On The Issuance Of Public Facility Revenue Bonds And Other Efforts To Circumvent The
City Charter Debt Provisions,from the 2019 Legislative Agenda, seconded by Vice Mayor Wood
Voting: 8-2
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 Voting Nay:
Jessica P.Abbott
John D. Moss
Council Members Absent:
None
*The Main Motion was lost to the affirmative action on the Substitute Motion to REMOVE
October 16, 2018
39
ITEM-VI-J.2.21 and J.2.22
ORDINANCES/RESOLUTIONS
2019 LEGISLATIVE AGENDA
ITEM#68540
Upon MOTION by Council Lady Abbott, seconded by Councilman Moss, Items: J.2.21. Single Member
District Voting For The Seven District Representatives and J.2.22. Constitutional Amendment To Allow
General Assembly To Impose Term Limits On Governing Bodies were WITHDRAWN from the 2019
Legislative Agenda
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
40
ITEM-VI-J.2.23
ORDINANCES/RESOLUTIONS
2019 LEGISLATIVE AGENDA
ITEM#68541
Upon motion by Council Lady Abbott, seconded by Councilman Dyer, City Council ADOPTED Item
J.2.23. Establish The Hurricane And flooding Risk Reduction And Bond Rating Protection Act Of
2019, in the 2019 Legislative Agenda
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
41
ITEM-VI-J.2. (REMAINING ITEMS)
ORDINANCES/RESOLUTIONS
2019 LEGISLATIVE AGENDA
ITEM#68542
Upon motion by Council Lady Kane, seconded by Council Lady Wilson, City Council ADOPTED the
following City's 2019 Legislative Agenda Items (Deferred from October 2, 2018):
12.1 Post Labor Day Opening For Schools
12.2 Moratorium On Uranium Mining
12.4 Solution To Coastal Flooding, Regional Greenhouse Gas Initiative
J.2.5 Menhaden Fishing Regulation
J2.6 Animal Cruelty
12.7 Certificate Of Public Need
J.2.8 Expansion Of The Virginia Human Rights Act
J2.9 Full Funding To The Step-Va Program
12.11 State Of Virginia Enact Communications Tax Update
12.12 Micro Business Procurement Program
12.13 Increased Ability To Procure Construction By Best Value For Certain Localities
12.14 Stranding Program And Conservation License Plate
J2.15 High Speed Rail
12.16 Chesapeake Bay Watershed Implementation Plan
J2.17 Virginia Shoreline Resiliency Fund
J.2.18 Storm Water Local Assistance Fund
12.19 Non-Discrimination In Public Employment And Housing
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 A RESOLUTION ADOPTING THE CITY'S 2019
2 LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and
5 requests members of the City's local delegation to the General Assembly sponsor
6 and/or support legislation therein; and
7
8 WHEREAS, the City Council has considered a number of goals and objectives
9 for inclusion in the City's 2019 Legislative Agenda.
10
11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the City Council hereby adopts the City's 2019 Legislative Agenda, which is
15 attached hereto as Exhibit A and is hereby incorporated by reference.
16
17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19
20 That the City's Delegation to the General Assembly is hereby requested to
21 sponsor and/or support legislation in the 2019 Session of the General Assembly that
22 would carry out the goals and objectives of the City as set forth in its Legislative
23 Agenda.
24
25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA:
27
28 That the City Clerk is hereby directed to transmit a copy of this resolution to each
29 member of the City's local Delegation to the General Assembly.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 16th
day of October , 2018.
APPROVED TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
4/4 -
City Manager's Office City Attorney's Office-
CA14533
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September 19, 2018
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Virginia Beach Housing Resource Center
LEGISLATIVE AGENDA
GENERAL ASSEMBLY
2019 SESSION
APPROVED
October 16, 2018
I I
TABLE OF CONTENTS
CITY OF VIRGINIA BEACH-CITY COUNCIL iv
CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION iv
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS v
1. POST LABOR DAY OPENING FOR SCHOOLS 2
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
2. MORATORIUM ON URANIUM MINING 3
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
3. VOTING RIGHTS 4
SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
4. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 5
SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION
5. MENHADEN FISHING REGULATION 6
SPONSORED BY CITY COUNCIL
6. ANIMAL CRUELTY 7
SPONSORED BY CITY COUNCIL
7. CERTIFICATE OF PUBLIC NEED 8
SPONSORED BY CITY COUNCIL
8. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 9
SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
9. FULL FUNDING TO THE STEP-VA PROGRAM 10
SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
SECTION 1.2 -CITY OF VIRGINIA BEACH NEW INITIATIVES 12
10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON ALL INTERNET
SALES 13
SPONSORED BY MAYOR LOUIS R.JONES
11. STATE OF VIRGINIA ENACT COMMUNICATIONS TAX UPDATE 14
SPONSORED BY CITY COUNCIL MEMBER,BENJAMIN DAVENPORT
12. MICRO BUSINESS PROCUREMENT PROGRAM 15
SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE
13. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN
LOCALITIES 16
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL MEMBER SHANNON KANE
14. STRANDING PROGRAM AND CONSERVATION LICENSE PLATE 17
SPONSORED BY COUNCIL MEMBER,JOHN E. UHRIN
i i i
15. HIGH SPEED RAIL 19
SPONSORED BY MAYOR LOUIS R.JONES
16. CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN 20
SPONSORED BY CITY COUNCIL MEMBER,JIM WOOD
17. VIRGINIA SHORELINE RESILIENCY FUND 24
SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY
18. STORM WATER LOCAL ASSISTANCE FUND 25
SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY
19. NON-DISCRIMINATION IN PUBLIC EMPLOYMENT AND HOUSING 26
SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL MEMBERS,BOB DYER&SHANNON
KANE
20. ESTABLISH THE HURRICANE AND FLOODING RISK REDUCTION AND BOND
RATING PROTECTION ACT OF 2019 27
SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT
iv
CITY OF VIRGINIA BEACH- CITY COUNCIL
Mayor Louis R. Jones - Bayside
Vice Mayor James L. Wood - Lynnhaven
Shannon DS Kane—Rose Hall
Benjamin Davenport—At Large
Jessica Abbott - Kempsville
Bob Dyer- Centerville
Barbara M. Henley - Princess Anne
John D. Moss - At Large
John E. Uhrin - Beach
Rosemary Wilson- At Large
CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION
Senator Lynwood W. Lewis, Jr. — Senate District 6
Senator Frank W. Wagner— Senate District 7
Senator William R. DeSteph, Jr. — Senate District 8
Senator John A. Cosgrove, Jr. —Senate District 14
Delegate Kelly K. Convirs-Fowler—House District 21
Delegate Barry D. Knight—House District 81
Delegate Jason R. Miyares—House District 82
Delegate Christopher P. Stolle—House District 83
Delegate Glenn R. Davis—House District 84
Delegate Cheryl Turpin—House District 85
Delegate Joseph C. Lindsey —House District 90
Delegate Robert S. Bloxom—House District 100
v
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG
TERM POLICY POSITIONS
•
I2
1. POST LABOR DAY OPENING FOR SCHOOLS
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
The total spending from the tourism industry in Virginia Beach for 2017 was $2.45 billion stimulating
14,000 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to
Labor Day would have significant financial consequences on the tourism industry in the long term.
Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by
two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school
system begins before Labor Day and other localities follow our lead, it will have a negative effect on the
economic impact of the tourism industry cutting short the critical summer season which will hurt small
businesses, hardworking families and their employees. To a lesser extent, this will also have an impact
on this industry by affecting the labor pool available prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post Labor Day
opening of schools. This allows all schools to open after Labor Day except those given exemptions by
the State Board of Education.
13
2. MORATORIUM ON URANIUM MINING
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has
been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir, which
provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach, and
indirectly to most of Southside Hampton Roads. A study prepared by the National Academy of
Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for
contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and
that extreme natural events combined with human errors have the potential to lead to the release of
contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the
federal government has little or no experience with wet climates and extreme precipitation events, and
that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be
overcome before mining could be established in Virginia within a regulatory framework that is
protective of health, safety, and the environment.
The City contracted with nationally prominent experts to prepare a study of the downstream water
quality impacts that would occur from a hypothetical, catastrophic breach of an above-grade, uranium
mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe,
radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels
for up to two months during wet years and six to sixteen months during dry years. The only practical
response during this time would be to shut down the Lake Gaston project. Depending upon the weather,
this could have significant consequences to all of Southside Hampton Roads, but particularly,
Chesapeake,Norfolk, and Virginia Beach.
The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District
Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative
moratorium on uranium mining.
Request:
The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining
in Virginia. Also, the Commonwealth is requested to vigorously oppose federal court actions to overturn
the Uranium Mining Moratorium especially the pending U.S. Supreme Court case.
I4
3. VOTING RIGHTS
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL&THE HUMAN RIGHTS COMMISSION
Background Information:
The right to vote is a fundamental right of every citizen of our Commonwealth and nation, and it
is the foundation of our democracy. Barriers to the ballot box harm our state and our country and
are inconsistent with the ideals and principles upon which our great nation and our
Commonwealth were founded. Additionally, the drawing of electoral districts can promote or
depress voter turnout, depending in part on whether districts are drawn in order to respect
the boundaries of localities, neighborhoods, and communities of common interest or are drawn
primarily for political advantage. Increased voter participation strengthens our democracy and
results in leaders who are responsive to the diverse needs of all of our citizens.
Request:
The City requests that the General Assembly remove barriers to voter participation, enact
nonpartisan redistricting reform, and improve the ability of all Virginia citizens to exercise their
fundamental right to vote.
4. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE
GAS INITIATIVE
SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION
Background Information:
The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea
Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide
gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea
Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small
nuisances just 10-15 years ago, now cause major destruction of roadways and damage homes.
The City Council has embarked on a strategy of studying the various watersheds within the City, which
will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other
localities in the region are doing similar efforts. This is a regional effort, which will take actions by the
state, federal, and local government. It will also be a very expensive endeavor.
The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and north, allows
carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a
cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are
then returned to the state for reinvestment. It's projected that roughly $250M per year in auction
revenues through 2030 could be provided to Virginia. This program is outside of the Obama
administration's "Clean Power Plan". This program is a contract within RGGI area not needing
Congressional approval.
Request:
The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva
of Virginia Beach and Chesapeake in the 2016 Session, and HB-1273 and SB-696 in the 2018 Session.
This would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in
carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent
Flooding. Currently the nine RGGI states represent 25% of the U.S. population. They have had $1.3B in
net positive economic impact, from 2012-2014 in RGGI states have cut pollution three times faster than
non-RGGI states, and have had comparable bills for power in other areas.
ittaIN,
I6
5. MENHADEN FISHING REGULATION
SPONSORED BY CITY COUNCIL
Background Information:
A small fish- Menhaden- is often referred to as "the most important fish in the sea". Because it is close to
the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food.
These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout,
mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many
people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the
food chain species go elsewhere in search of food.
The importance of Menhaden is not solely founded on the population of other species. Menhaden also
provide a service in filtering the Bay water, second only in importance to the oyster. As they filter the
Bay they return much needed oxygen to the waters for life to flourish.
The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred
to as the "Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which
provides the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is
not only healthy for the bay and for the entire Atlantic coast,but for the businesses that are such a part of
the economic engines known as tourism and commercial fishing.
Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's
knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more
knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a
whole, rather than the needs of few. The General Assembly has removed itself from the regulation of
most other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia
Marine Resources Commission where the technology and science exist to best manage it. Also, the
current regulation of Menhaden does not require those fishing for this species to operate at a reasonable
distance from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay
and Atlantic Ocean beaches with deposits of dead fish.
Request:
The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the
2018 legislative session similar to HB-822 or HB-160 introduced by Delegate Barry Knight, and SB-98
introduced by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to
adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would
also require any moratorium on the fishery to be subject to legislative review. Additionally, as was
proposed in SB-214 by Senator Cosgrove, in the 2018 Legislative Session, fishing for Menhaden with
purse nets in the Chesapeake Bay would be prohibited within one mile and within three miles of the
shore lines of Virginia Beach extending from the North Carolina border and one mile in the Chesapeake
Bay. This common sense legislation would allow this very important resource to be managed for the
overall health of the Bay, the Atlantic Ocean, and Virginia's economy based on science and facts.
17
6. ANIMAL CRUELTY
SPONSORED BY CITY COUNCIL
Background Information:
State law sets the penalties for cruelty to animals. Currently, Virginia Code § 2.2-6570 provides that
an abuser can only be charged with felony animal abuse if(1) the animal dies as a result of torture or
severe abuse; or (2) the abuser previously had been convicted within the last five years of cruelty to
animals. Accordingly, if a Virginia court concludes that a defendant tortured or severely abused an
animal, but the animal survived the abuse, the court cannot sentence the defendant to more than one
year in jail unless the abuser had been convicted of the same offense within the past five years. If the
defendant instead could be found guilty of a Class 6 felony, the court would have the discretion to
sentence the abuser to up to five years imprisonment. Amending the law to allow a felony charge
would enable our courts to better address severe instances of animal abuse.
Request:
The City Council requests that the General Assembly amend Virginia Code § 3.2-6570 to allow
persons who severely abuse companion animals to be charged with a Class 6 felony, regardless of
whether the animal survives or whether the defendant had been previously convicted of the same crime
within the past five years.
ittiN
8
7. CERTIFICATE OF PUBLIC NEED
SPONSORED BY CITY COUNCIL
Background Information:
The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare
delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new
beds or equipment they must go to a state body to receive permission to do so. The Certificate of Public
Need is seen as a way to reduce duplication of expensive services and facilities, and also to make sure
that facilities constructed are not just those that profit the hospitals and other individuals the most. The
COPN is seen as a way to reduce healthcare costs and make services available as widely as possible.
However, many in the medical services delivery field see the COPN as an unwarranted intrusion into the
free market. During the 2016 session of the General Assembly, multiple bills were introduced to either
outright repeal or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia
Beach, who is not only a medical doctor but a Hospital Administrator, introduced House Bill-1083. HB-
1083 would have modified the COPN while maintaining the bedrock of the process. Delegate Stolle's
bill was defeated; however, other legislation is being studied over the period between the 2016 session
and the 2019 session. There will most assuredly be legislation introduced in the 2019 session that again
ranges from outright repeal to modifications as needed.
Request:
The City of Virginia Beach requests the General Assembly retain COPN in its current form with process
reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This
legislation addresses concerns surrounding the COPN process while maintaining the integrity of the
program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote
access to care, ensure provision of essential health services, fund graduate medical education, and
maintain the fiscal stability of Virginia's community.
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8. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
SPONSORED BY CITY COUNCIL&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
Background Information:
The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based
on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age,
marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994.
Request:
The City of Virginia Beach requests the General Assembly amend the Virginia Human Rights Act to
also prohibit discrimination based on sexual orientation or gender identity.
9. FULL FUNDING FOR THE STEP-VA PROGRAM
SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
Background Information:
Nearly 1.5 million adults in the Commonwealth have some kind of mental illness. According to Mental
Health America, Virginia is ranked 40th in the nation overall, indicating a higher prevalence of mental
illness and lower rate of access to care. The Virginia Department of Behavioral Health and
Developmental Services (DBHDS) states that "there have been improvements in the quality and
accountability of community services in the past few years. However, Virginia's behavioral health
system remains underfunded and patched together in well-meaning responses to crises, with services
that are not always sustainable or consistently funded."
As Virginia's suicide rate continues to climb each year, Virginia is struggling to provide services to over
30,000 children and adolescents with mental disorders, with only 1 in 5 receiving assistance. The 2016
Compensation Board Mental Illness in Jails Report for Virginia showed that 16.43% of the total general
population was known or suspected to be mentally ill, and of that number 51.21% had been diagnosed
with as having a serious mental illness (SMI). Without adequate services and supports available in the
community, many individuals living with mental illness struggle to remain safely in their own homes
and communities. Some of the outcomes of an inadequate public mental health system include:
homelessness, substance abuse disorders, suicide, and incarceration among individuals with mental
illness.
System Transformation, Excellence and Performance in Virginia (STEP-VA), was developed to address
accountability, access, quality, and consistency across all Community Services Boards (CSB). In 2015,
DBHDS applied for and received a federal planning grant to lay the foundation for a public behavioral
health system that would be standardized in the provision of 10 core services:
• Behavioral Health Crisis
• Care Coordination
• Person-Centered Treatment Planning
• Same Day Access (SDA) to Assessments
• Outpatient Primary Care Screening and Monitoring
• Targeted Case Management
• Psychiatric Rehabilitation
• Peer Supports
• Intensive, Community-Based Mental Health Care for Members of the Armed Services and
Veterans
• Outpatient Behavioral Health Services
111
The 2017 General Assembly amended the code to implement the STEP-VA system of 10 services by
2021 with two of those services, Same Day Access and Primary Care Screening, being implemented by
2019. Once fully funded and implemented the STEP-VA transformed system would provide:
• Decreased medical and psychiatric hospitalizations
• Decreased medical and psychiatric emergency department visits
• Increased penetration rate to 70% (VA has a 22& penetration rate for SMI now)
• Meeting the safe standard of 85%occupancy in state hospitals
• Decreased the number of people with SMI who are in jail on misdemeanors
• Increased access to primary care
• Stable housing
Request:
The City requests that the General Assembly provide full funding for the implementation of the STEP-
VA system throughout the Commonwealth to ensure that all 10 core services are implemented by 2021
as shown below.
16
DBHDS Community Behavioral Health Services
GF $ in millions FY 2019 FY 2020
STEP-VA CSB Same Day Access to Services $5.9 $5.9
STEP-VA CSB Primary Care Screening 3.7 7.4
STEP-VA CSB Oupatient Services 0.0 15.0
STEP-VA Detoxification Services 0.0 2.0
Alternative Transportation for TDOs 2.5 4.5
Backfill federal funds-medication assisted treatment 0.0 5.0
Discharge assistance plans for 92 individuals on 2.3 4.6
extraordinary barrier list at state hospitals
Expand permanent supportive housing for 275 individuals 2.3 4.8
Develop community capacity for facility discharges 1.8 2.8
Discharge planning at Local Jails 1.6 1.6
Telemental Health Pilot Program 1.1 1.1
Add 6 CIT assessment sites and training programs in rural 1 6 2.5
unserved areas
Fund Intercept Two Diversion Programs 0.7 0.7
Total $23.5 $57.91
( ;\
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SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW
POLICY INITIATIVES
t` r 1i3
10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON
ALL INTERNET SALES
SPONSORED BY MAYOR LOUIS R.JONES
Background Information:
Currently, the state and federal law allows collection of sales and use tax on internet sales if the retailer
has a physical presence in Virginia. For all other online purchases, it is incumbent upon the consumer
who purchased the item to report their sales tax obligation. In South Dakota v. Wayfair(2018), the
United States Supreme Court overturned existing case law and affirmed South Dakota legislation that
required out of state sellers and retailers to collect sales taxes and remit them to jurisdictions on behalf
of the consumer. Notably, the challenged South Dakota legislation contained exemptions limiting
payment compliance to vendors that deliver more than $100,000 of goods or services to South Dakota or
engage in 200 or more separate transactions for the delivery of goods or services into South Dakota
annually. The ruling by the Supreme Court placed heavy weight upon these exemptions, which has led
to other states to adopt South Dakota's standards as their own. The Commonwealth of Virginia currently
has conditional legislative language in place to authorize collection of sales and use tax on dealers
"under the provisions of...an opinion of the United States Supreme Court" but does not spell out
exemptions as contained in the South Dakota legislation or referenced within the Wayfair opinion.
Secretary of Finance Aubrey Layne estimates that the Commonwealth will generate between $280
million and $300 million for the state. Virginia Beach's share of this revenue will be dependent on how
the General Assembly opts to dedicate or distribute this additional revenue. Growth is projected to be
over$220 billion nationwide from 2017 to 2022. $409 billion to $638 billion or 17%of all retail.
(Source Statista)
Request:
The General Assembly is requested to enact legislation to the standard set by the South Dakota
legislature as affirmed by the United States Supreme Court. The General Assembly is also requested to
maintain current sales and use tax rates and preserve state and local sales and use tax revenue
distributions as presently allocated. Any new revenue derived from expansion of taxing internet sales
should be reserved for K-12, especially increasing average teacher compensation and school
construction.
ms'
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11. STATE OF VIRGINIA ENACT COMMUNICATIONS TAX UPDATE
SPONSORED BY CITY COUNCIL MEMBER,BENJAMIN DAVENPORT
Background Information:
In 2006, the Virginia General Assembly passed legislation to replace state and local taxes and fees on
communication services with one statewide Virginia Communications Sales and Use Tax. This statewide
tax imposed a 5% fee, which is normally collected from consumers by service providers and remitted to the
state on a monthly basis. After collection by the state, the tax is then distributed to individual localities.
Revenues from the Sales and Use Tax are in decline. For example, Virginia Beach now brings in $6 million
less per year than when the tax first went into effect over a decade ago. This $6 million decline is equal to
a 20% loss in revenue over this period. Further, the revenue gap will only grow wider as technology
progresses. The chart below shows both the actual revenues received by the City over the course of the past
decade as well as the annual variance in this revenue. In total, the City averaged a 2.2%per year reduction
in Virginia Telecom Tax Revenue between Fiscal Year 2007-08 and Fiscal Year 2017-18.
Virginia Telecom Tax: FY 08-FY18
30 — 3.00%
2.00%
28 1.00%
0.00%
-1.00%
26 -2.00%
-3.00%
-4.00%
24 5.00%
6.00%
11 7.00%
22 -8.00%
-9.00%
-10.00%
FY FY FY FYFY FY FY FY FY FY FY
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
I1Actual isssoPercent Variance
In Fiscal Year 2019, the City budgeted a$1.1 million reduction in Telecom Tax revenue. Based on the new
FY 2018 actuals, the City should expect another $250,000 decline in Telecom Tax revenues over what was
adopted in the City budget this year. Should the present tax structure continue as it is presently, the City
will likely have a further$500,000 decline in this revenue source in Fiscal Year 2020.
REQUEST: The General Assembly is requested to restore funding to localities as was promised to be
revenue neutral when the formula was changed in 2006.
, 15
12. MICRO BUSINESS PROCUREMENT PROGRAM
SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE
Background Information:
On July 22, 2014, Governor McAuliffe signed Executive Order 20, "Advancing Equity for Small, Women,
and Minority Owned Businesses." This Executive Order establishes a program to further executive branch
agency spending to "micro businesses." For purposes of the Order, "micro businesses" are certified small
businesses that have no more than twenty-five employees and no more than $3 million in average annual
revenue over the three-year period prior to certification. The Order directs the Department of Small
Business and Supplier Diversity to implement the micro business designation by October 1, 2014. The
Order directs various state agencies to seek micro businesses where available and sets aside for micro small
businesses purchases under$10,000 when the micro business quotes a fair and reasonable price.
The City of Virginia Beach has undertaken many efforts to further equal opportunity and nondiscrimination
in City procurement. In 1995, the City Council created the region's first Minority Business Council (the
"MBC"). The MBC has worked over the years to further programs and efforts to reduce barriers in City
procurement to include:
• The City Council establishing a goal of 10%minority participation in City Contracts;
• Debundling of City contracts to better enable small, woman-owned, and minority-owned ("SWaM")
businesses to compete;
• Utilization of a comprehensive database of SWaM businesses and the types of goods or services
that each business provides;
• Enactment of a Small Business Enhancement Program requiring contractors to utilize at least 50%
SWaM businesses in subcontracting plans;
• Implementation of a City Administrative Directive to require solicitations of SWaM, including
minority-owned and woman-owned, vendors for City contract of less than $50,000;
• Entry into a Memorandum of Understanding with the Virginia Department of Small Business and
Supplier Diversity (through its predecessor, Department of Minority Business Enterprise) to
develop a productive and mutually beneficial working relationship;
• City Council adoption of a bond waiver program to the extent authorized by the General Assembly.
The opportunity to utilize a"micro business" designation would further the City's efforts to reduce barriers
and further opportunity in City procurements.
Request:
The City Council requests the General Assembly authorize a locality,by ordinance, to enact a program for
the enhancement of"micro business"participation that mirrors the authorization provided in Executive
Order 20.
13. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN
LOCALITIES
SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE
Background Information:
With a few exceptions such as design build and construction manager at risk, the Virginia Public
Procurement Act("VPPA")requires construction to be procured using competitive sealed bidding. The
City is vigilant in its search for opportunities to make its procurement processes more inclusive for Small,
Woman-owned, Minority-owned, and Service-disabled Veteran-owned businesses ("SWaM Businesses").
In looking for opportunities to grow SWaM Businesses, the City believes there is a subset of construction
that would provide a crucial opportunity for growth of such businesses, and that subset is non-
transportation construction valued between $500,000 and $2,000,000. Most importantly, best value
contracting promotes better quality and timeliness of contractor performance.
Request:
The City requests legislative authorization for any locality with a population in excess of 200,000 to
undertake the procurement of construction through procedures consistent with those described by the
VPPA for the procurement of nonprofessional services through competitive negotiation for non-
transportation construction valued between $500,000 and $2,000,000. Such contract shall be awarded to the
fully qualified offeror who submits an acceptable proposal determined to be the best value in response to
the Request for Proposal. We anticipate approximately$6M in contracts in this proposal.
•frtiN
117
14. STRANDING PROGRAM AND CONSERVATION EFFORTS LICENSE PLATE
SPONSORED BY MAYOR LOUIS R.JONES&COUNCIL MEMBER JOHN E.UHRIN
Background Information:
The Virginia Aquarium has, for many years, performed extensive research and conservation efforts
throughout the tidal waters of Virginia and the mid-Atlantic Coast. This includes the efforts of our
nationally recognized Stranding Response Program which responds to reports of stranded marine mammals
such as whales, dolphins, and seals and also sea turtles. The Aquarium's efforts over more than 25 years
have provided much greater scientific knowledge and environmental monitoring than would have been
available otherwise. The program currently costs approximately$600,000 a year to operate and receives
only limited support from the Commonwealth through the Coastal Zone Management Program and
Department of Game and Inland Fisheries for this effort.
In order to provide additional funds to support the conservation efforts of the and Stranding Response
Program, the Aquarium wishes to receive authority from the Virginia General Assembly through the
Department of Motor Vehicles to have a license plate created showcasing protection of sea life. The
Aquarium and its Foundation understand that a number of license plates must be reserved through advance
deposits being made on such plates; receiving authority from the General Assembly to pursue this license
plate will help support this important conservation program headquartered in Virginia Beach.
Request:
The General Assembly is requested to establish a license plate featuring a design, to be determined between
the Department of Motor Vehicles and the Virginia Aquarium, that would provide funds to the Aquarium's
conservation and stranding efforts. Having a plate that would have statewide appeal will likely mean that
the required reservations will be received in a fairly short amount of time.
V;
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/ • •
MONTHVIRGINIA
YEAR
,ham; ?:::,%
4:..614$441
f tr/Of I 0 1
%S..I Pi..1
V
• PROTECT SEA LIFE •
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15. HIGH SPEED RAIL
SPONSORED BY MAYOR LOUIS R.JONES
Background Information:
The Virginia Department of Rail and Public Transportation (DRPT) is in the process of identifying funding
sources to initiate a Tier II Environmental Impact Statement (EIS) within the next six years for the
Richmond-Hampton Roads segment of the Southeast High Speed Rail (SEHSR) corridor. Approximately
$27 million is needed to complete Tier II EIS. Two years ago we were successful in getting the General
Assembly to require DRPT to update the costs of the Tier II EIS and also identify funding sources. Their
report recommended that the Hampton Roads Transportation Planning Organization fund the Tier II EIS.
The $27 million will suffice. HRTPO has fully allocated its RSTP and CMAQ monies for the next 6 years,
and Richmond region, did not contribute any regional funds to either of their Tier II EIS efforts which are
complete.
Request:
We request the Commonwealth fund a Tier II Environmental Impact Statement for High (ER) Speed Rail
between Richmond and Hampton Roads.
CI
Art,.
16. CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN
SPONSORED BY CITY COUNCIL MEMBER JIM WOOD
Background Information:
The EPA issued the Chesapeake Bay TMDL in December 2010 that required pollutant
reductions of nitrogen, phosphorus, and sediment in Virginia. These required pollutant
reductions were to be incorporated into the City's new Municipal Separate Storm Sewer
System (MS4) Permit that was recently issued in 2016 by the Virginia Department of
Environmental Quality. The City of Virginia Beach proactively proposed a legislative
change in 2013 and again in 2015 to remove both the Little Creek and Lynnhaven
watersheds from the James River Basin for the purpose of the Chesapeake Bay TMDL
Implementation in Virginia. This change was made to reduce the required pollutant
reductions for the City of Virginia Beach at an estimated avoided cost to ratepayers of
about $40M.
In 2016, the Hampton Roads Sanitation District (HRSD) proposed an Integrated Planning
Approach for the region to help restore the Chesapeake Bay. HRSD owns and operates various
wastewater treatment plants that discharge nutrients and sediment to the Chesapeake Bay
Watershed. HRSD also has pollutant reduction requirements similar to the City of Virginia
Beach for their discharges. The proposed approach by HRSD included the implementation of a
new project, "Sustainable Water Initiative for Tomorrow", SWIFT, and the use of trading of
pollutant reductions credits. The City of Virginia Beach entered into an agreement, the Hampton
Roads Water Quality Credit Agreement for Chesapeake Bay Restoration, with HRSD in August
2018. Virginia Trading regulations for nutrients and sediment §62.1-44.19:21 and §62.1-
44.19:21.1 respectively, require that the credit trading occur within the same River Basin. Since
the Little Creek and Lynnhaven watersheds had been previously removed by legislative action,
these watersheds would need to be moved back into the James River Basin in order for the City
to take full advantage of the trading agreement. This watershed change will result in about
$200M in avoided cost to the ratepayers of the City of Virginia Beach.
Request:
The City of Virginia Beach requests the General Assembly repeal the two acts passed in 2013 and 2015 to
remove both the Little Creek and Lynnhaven Watersheds from the James River Basin for the purpose of the
Chesapeake Bay Watershed Implementation Plan pollution reduction requirements, and put them back into
the Chesapeake Watershed.
fitA
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION
CHAPTER 184
[S 1203]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
_ .
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VIR(;IN1.1. MA'S OF ASSENIBLY -- 2013 SFSS1ON
CHAPTER 41
An Act to exclude the Lynnhaven River watershed from thc James River Basin for purposes of the
[S 768]
Approved February 22, 2013
Be it enacted by the General Assembly of Virginia:
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j
\ IRCINI A S OF :ASSF\1RI.N -- 2013 SESSION
CHAPTER 41
An Act to exclude the Lynnhavcn River watershed from the James River Basin for purposes of the
Chesapeake Bay Watershed Implementation Plan.
[S 768]
Approved February 22, 2013
Be it enacted by the General Assembly of Virginia:
1. § 1. That no state agency shall consider or include the Lynnhaven River watershed as part of the James River
t
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17. VIRGINIA SHORELINE RESILIENCY FUND
SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE
Background Information:
In the 2016 Session of the General Assembly, the Virginia Shoreline Resiliency Fund was established as a
low interest loan program. This provided low-interest loans to mitigate and adapt to recurrent flooding.
Funds have never been provided to provide a 'bank' from which funds could be borrowed.
Request:
The General Assembly is requested to convert the Virginia Shoreline Resiliency Fund from a low interest
loan to a cost sharing and grant program, and to provide meaningful funding on a recurrent basis for this
program. This would allow individual property owners a source of funding from the Commonwealth to
elevate their homes, or otherwise mitigate the effects of sea level rise and provide resiliency from the same.
We also ask that the Commonwealth be a sponsor with Federal Agencies on projects large and small.
18. STORM WATER LOCAL ASSISTANCE FUND
SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE
Background Information:
The highly competitive 50%matching grants funded by the Storm Water Local Assistance Fund (SLAF)
can be used for cost-efficient, low-impact practices to help municipalities like Virginia Beach continue to
make strides in reducing polluted runoff. This funding helps us meet our MS4 permit requirements while
improving the health of the Bay. For example, Virginia Beach has been authorized $2,390,902 in matching
funding through SLAF for large-scale storm water improvement projects since FY2014. Polluted runoff is
not just an environmental problem—it is also an economic problem. It increases drinking water treatment
costs, worsens local flooding, closes beaches, and contaminates shellfish.
Request:
Storm water management is one of our most pressing infrastructure challenges. We respectfully request that
the General Assembly include maximum and at the least level funding year-to-year for the Storm Water
Local Assistance Fund (SLAF) in the FY 2020 budget so that localities can do their part by planning and
budgeting appropriately for these large-scale projects.
l
19. NON-DISCRIMINATION IN PUBLIC EMPLOYMENT AND HOUSING
SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL MEMBERS,BOB DYER&SHANNON KANE
Background Information:
The Virginia Fair Housing Law, Code of Virginia § 36-96.1 et seq. currently prohibits discrimination
regardless of race, color, religion, national origin, sex, elderliness, familial status, or handicap to provide
fair housing throughout the Commonwealth. According to the Movement Advancement Project, there are
currently no explicit, comprehensive statewide non-discrimination protections for gay, lesbian,bisexual, or
transgender people in Virginia. In January 2017 Governor Terry McAuliffe issued executive order 61, a
broad order protecting lesbian, gay, bisexual and transgender(LGBT) public employees, state contractors,
and subcontractors from discrimination, and a similar executive order was issued by Governor Ralph
Northam in January 2018, but these orders do not provide lasting or specified protections for Virginia's
LGBT citizens.
A think tank at UCLA Law, the Williams Institute, found that as of February 2016, twenty-two states and
the District of Columbia expressly prohibited housing discrimination on the basis of sexual orientation.
Nineteen of those states and the District of Columbia also expressly prohibited discrimination in housing on
the basis of gender identity. An aggregation of all available state-level data shows that sexual orientation
and gender identity housing non-discrimination laws are used (when present)by LGBT people at a similar
rate to the use of race non-discrimination laws by people of color and the use of sex non-discrimination
laws by women.
Based on the same study conducted at the Williams Institute in 2016, an estimated 185,000 LGBT adults
call Virginia home, and of that population 80% say that they have been harassed or mistreated at work,
44% claim that they were not hired and 26%have reported losing their job based upon their sexual
orientation or gender identity. As there is no federal law barring employment discrimination on the basis of
sexual orientation or gender identity, it is currently possible in 28 states, including Virginia, to be fired for
being lesbian, bisexual, or gay. Likewise, there are thirty states in which it is possible to be fired for being
transgender. Twenty-two states and the District of Columbia by statute prohibit employment
discrimination on the basis of sexual orientation and/or gender identity.
Request:
The City requests that the General Assembly support legislation that would add discrimination on the basis
of an individual's sexual orientation or gender identity as an unlawful housing practice. We would further
ask that the General Assembly support legislation that prohibits discrimination in public employment on
the basis of sexual orientation or gender identity.
I
1
4 i
I
20. ESTABLISH THE HURRICANE AND FLOODING RISK REDUCTION AND BOND RATING
PROTECTION ACT OF 2019
SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT
Background Information:
Flooding is a risk to communities from the mountains to the sea. This can be from hurricanes, nor'easters,
mountain flooding, and other natural causes. Nowhere in the state is immune to such calamities. Hurricane
Camille in the late 1960s caused over 100 deaths in the area of Nelson County. Arlington has had recurrent
flooding from the Potomac River, and flooding on The Eastern Shore, Tangier Island and other coastal
Virginia areas and is all too frequent. Although many communities like Virginia Beach have robust
programs to address recurrent flooding, Virginia Beach is programming over$ .5 billion in flooding control
and elevation of roads; no locality can stand alone. This is a statewide issue and demands statewide
addressing. During the 2018 session of the General Assembly, Senate Bill 985 by Senator Wagner and a
companion bill in the House by Delegate Miyares were introduced. These would have established the
hurricane and flooding risk reduction and Bond Rating Protection Act of 2018. They would have gone a
long way in addressing the lack of coordination within the state among the various agencies both state,
federal and local and furthermore, would have set up a process to force the Commonwealth to partner with
the US Army Corps of Engineers. The Senate bill passed Senate, but was defeated in the House
Appropriations Committee because of the fiscal impact. The House Bill met a similar fate.
Request:
The General Assembly is requesting to pass and fund legislation much like Senate Bill 985 from the 2018
session of the General Assembly and House Bill 229. This would establish a process and capability within
the Commonwealth to address which is rapidly becoming a much more persistent issue.
42
ITEM-VI-J.3
ORDINANCES/RESOLUTIONS
ITEM#68543
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution to MOVE and RESCHEDULE the November 6, 2018 Regular Meeting of the
City Council to November 13, 2018 with time and location to remain same
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 A RESOLUTION MOVING THE NOVEMBER 6, 2018
2 REGULAR MEETING OF THE CITY COUNCIL TO
3 NOVEMBER 13, 2018
4
5 WHEREAS, the City Code provides the regular formal meetings of City Council
6 shall be held in the Council Chambers of the City Hall Building on the first and third
7 Tuesdays of each month at 6:00 p.m.; and
8
9 WHEREAS, state law provides that a regular meeting of the City Council may be
10 scheduled for a day other than the usual day upon adoption of a resolution; and
11
12 WHEREAS, November 6th is the 2018 general and special elections; and
13
14 WHEREAS, the City Council does not want any citizen to have to choose between
15 exercising the right to vote and attending the City Council meeting.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, THAT:
19
20 1 . The regular City Council meeting scheduled for November 6, 2018 is hereby
21 rescheduled for November 13, 2018.
22 2. The time and location for the City Council Formal Session shall remain at 6 p.m.
23 and City Council Chambers.
24 3. The City Clerk shall post a copy of this resolution on the door of the City Council
25 Chambers from the date of adoption until 6 p.m. on November 13, 2018, and
26 provide a notice as required by law.
27
28 Adopted by the City Council of the City of Virginia Beach, Virginia, this 16th day
29 of October , 2018.
APPROVED AS TO LEGAL SUFFICIENCY:
it�att6r,ey s Office
CA14552
R-1
October 9, 2018
43
ITEM-VI-J.4
ORDINANCES/RESOLUTIONS
ITEM#68544
The following registered to speak:
Herb Jones, 2313 Sandpiper Road, Phone; 721-1103, did not respond
Michael Conrad Agresti, 501 Bushnell Drive, Phone; 425-2068, spoke in OPPOSITION
Upon motion by Council Lady Wilson, seconded by Vice Mayor Wood, City Council ADOPTED
Resolution regarding the effective date of prospective regulations re Home Sharing and Short Term
Rentals
Voting: 9-1
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Mayor
Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin,
Rosemary Wilson and Vice Mayor James L. Wood
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
October 16, 2018
1 REQUESTED BY MAYOR JONES AND VICE MAYOR WOOD
2 AND COUNCILMEMBERS ABBOTT, DAVENPORT, DYER
3 MOSS, UHRIN AND WILSON
4
5 A RESOLUTION REGARDING THE EFFECTIVE
6 DATE OF PROSPECTIVE REGULATIONS
7 APPLICABLE TO HOME SHARING AND SHORT
8 TERM RENTALS
9
10 WHEREAS, on September 18, 2018, the City Council referred to the Planning
11 Commission an ordinance for the regulation of home sharing and short term rentals;
12
13 WHEREAS, the issues associated with home sharing and short term rentals are
14 complicated, and the Planning Commission and the City Council have conducted
15 numerous public hearings and workshops on the issues and considered many
16 alternative ordinances;
17
18 WHEREAS, public hearings and deliberation by the Planning Commission and
19 the City Council will take additional time to complete;
20
21 WHEREAS, home shares and short term rentals provide lodging opportunities for
22 out-of-town vacationers and other visitors who plan their stays well in advance, and
23 owners and operators of short term rental properties need to review and understand the
24 regulations applicable to this enterprise sufficiently in advance of the implementation of
25 such regulations in order to enter into rental contracts and operate their properties in
26 compliance with those regulations; and
27
28 WHEREAS, in order not to unduly interfere or impede the booking of home stays
29 and short term rentals for the 2019 summer season, the Council desires to provide a
30 projected effective date for the anticipated regulation of home stays and short term
31 rentals.
32
33 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
36 That any ordinances adopted by City Council in regard to home sharing and
37 short term rentals shall not be effective until the later of November 1, 2019, or six (6)
38 months from the date of adoption of such ordinances.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 16th
day of October , 2018.
APPROVED AS TO LEGAL SUFFICIENCY:
el
City Attorney' office
CA14539/R-3/October 10, 2018
44
ITEM-VI-J.5
ORDINANCES/RESOLUTIONS
ITEM#68545
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution to SUPPORT the City's 2018 Application to the Virginia Department of
Transportation (VDOT) re Bicycle and Pedestrian Safety Program at Pacific Avenue between 5`" and
40th Streets
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 A RESOLUTION TO SUPPORT THE CITY'S 2018
2 APPLICATION TO THE VIRGINIA DEPARTMENT OF
3 TRANSPORTATION'S BICYCLE AND PEDESTRIAN
4 SAFETY PROGRAM
5
6 WHEREAS, the City of Virginia Beach is eligible to submit applications to the
7 Virginia Department of Transportation (VDOT) for funding from the Bicycle and
8 Pedestrian Safety Program, a program designed to reduce the number and severity of
9 crashes involving non-motorists;
10
11 WHEREAS, pedestrian safety is a growing issue across the Commonwealth, as
12 16% of Virginia's 2016 highway fatalities were pedestrians, and the majority of incidents
13 in which pedestrians are killed or injured by vehicles occur mid-block;
14
15 WHEREAS, pedestrian safety is of particular worry in Hampton Roads, which,
16 despite being home to 20.9% of Virginia's population, was the site of 26.5% of Virginia's
17 pedestrian fatal crashes from 2012-2016, and 25.7% of Virginia crashes resulting in
18 pedestrian injuries during the same time frame;
19
20 WHEREAS, in Virginia Beach, Pacific Avenue, between 5th Street and 40th
21 Street, is a hotspot for pedestrian safety concerns, has been identified as a "crash
22 cluster," and was included as a priority location on VDOT's May 2018 Pedestrian Safety
23 Action Plan;
24
25 WHEREAS, Pacific Avenue generates considerable amounts of multi-model
26 traffic from various means of transportation, including but not limited to, walking, biking,
27 driving by motor vehicles, and driving by trolley, on a four-lane, two-way, undivided
28 highway;
29
30 WHEREAS, the VDOT Pedestrian Safety Action Plan provides a number of
31 suggested "countermeasure recommendations" for increasing safety along the Pacific
32 Avenue corridor; and
33
34 WHEREAS, the requested reimbursement can be up to 90% of the total project
35 cost, but the maximum recommended funding request from the Bicycle and Pedestrian
36 Safety Program is $500,000.
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40
41 1 . That the City of Virginia Beach City Council hereby supports the
42 application to the VDOT's Bicycle and Pedestrian Safety Program to request $500,000
43 for pedestrian safety countermeasures such as pedestrian warning signs, high visibility
44 crosswalks, and raised median islands.
45
46 2. That $250,000 in matching funds will be provided from local funding
47 currently appropriated in CIP # 2-111, "Traffic Safety Improvements, IV."
48
49 3. That the City Manager is hereby authorized to execute on behalf of the
50 City of Virginia Beach all necessary project agreements for project development and
51 construction.
52
53 4. That a copy of this resolution shall be transmitted to VDOT.
54
55 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
56 of October , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
IC Q , _ J
Budget and Management Services City-Mem: 's Office
CA14542
R-1
October 2, 2018
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45
ITEM-VI-J.6
ORDINANCES/RESOLUTIONS
ITEM#68546
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 8-70 re composition of the Local Board of
Building Code Appeals—Electrical Division
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 REQUESTED BY VICE-MAYOR WOOD
2
3 AN ORDINANCE TO AMEND SECTION 8-70 OF
4 THE CITY CODE PERTAINING TO THE
5 COMPOSITION OF THE LOCAL BOARD OF
6 BUILDING CODE APPEALS, ELECTRICAL
7 DIVISION
8
9 SECTION AMENDED: City Code § 8-70
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13
14 That Section 8-70 of the Code of the City of Virginia Beach, Virginia, is hereby
15 amended and reordained to read as follows:
16
17 Sec. 8-70. - Membership positions; terms; qualifications.
18
19 (a) Each division of the board of building code appeals shall consist of five (5) members,
20 who shall be appointed by the city council. The initial members of each such division
21 shall be the members of their respective predecessor boards holding such office as of
22 the date of enactment of this section; provided, however, that no officer, employee or
23 official of the city shall serve as a member of the board.
24
25 . . . .
26
27 (f) The electrical division shall consist of five (5) members and shall include four (4)
28 certified master tradesmen in electrical work and a citizen representative of the
29
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th
day of October , 2018.
APPROVED AS TO LEGAL SUFFICIENCY:
ti)(1 ,A&j001/ __
City Attorne ' Office
CA14541
R-2
October 9, 2018
46
ITEM-VI-J.7
ORDINANCES/RESOLUTIONS
ITEM#68547
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property
known as West Neck Road, Back Gate Drive, and Tin Barn Way located adjacent to the Subdivision of
Kingston Estates re construct and maintain two (2) entry wing walls
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into a portion of
City Property known as West Neck Road, Back Gate Drive, and Tin
Barn Way located adjacent to the Subdivision of Kingston Estates re
construct and maintain two (2) entry wing walls (GPIN 2403058551)
DISTRICT 7—PRINCESS ANNE
1. It is expressly understood and agreed that the Temporary Encroachment will be constructed
and maintained in accordance with the laws of the Commonwealth of Virginia and the City of
Virginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit:
2. Providing however, nothing herein shall prohibit the City from immediately removing, or
ordering the Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear
all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty(30) days
after the notice is given, the Temporary Encroachment must be removed from the
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of
such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnf, hold harmless,
and defend the City, its agents and employees,from and against all claims, damages, losses
and expenses, including reasonable attorney's fees, in case it shall be necessary to file or
defend an action arising out of the construction, location or existence of the Temporary
Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction
of any encroachment other than that specified herein and to the limited extent specified
herein, nor to permit the maintenance and construction of any encroachment by anyone other
than the Grantee.
October 16, 2018
47
ITEM-VI-J.7
ORDINANCES/RESOLUTIONS
ITEM#68547
(Continued)
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain a permit from the
Civil Inspections Division of the Department of Planning prior to commencing any
construction within the Encroachment Area (the "Permit").
8. It is further expressly understood that any existing encroachments referenced in the Exhibit
or this Agreement are the ongoing maintenance obligation of the Grantee and the City
disclaims any ownership interest or maintenance obligation of such encroachments.
9. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility
easement Permit, the Grantee must post a bond or other security, in the amount of two times
their engineer's cost estimate, to the Department of Planning to guard against damage to
City property or facilities during construction.
10. It is further expressly understood and agreed that the Grantee must obtain and keep in effect
liability insurance with the City as a named insured in an amount not less than $500,000.00,
per person injured and property damage per incident, combined, with the City listed as an
additional insured. The company providing the insurance must be registered and licensed to
provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30)days written notice to the City prior to the cancellation or
termination of or material change to, any of the insurance policies. The Grantee assumes all
responsibilities and liabilities, vested or contingent, with relation to the construction,
location, and/or existence of the Temporary Encroachment.
11. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements, as established by the City.
12. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the
time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of
One Hundred Dollars ($100.00)per day for each and every day that the Temporary
Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
October 16, 2018
48
ITEM-VI-J.7
ORDINANCES/RESOLUTIONS
ITEM#68547
(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`x' day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO A
5 PORTION OF THE CITY'S RIGHT-OF-WAY
6 KNOWN AS WEST NECK ROAD, BACK GATE
7 DRIVE AND TIN BARN WAY LOCATED
8 ADJACENT TO THE SUBDIVISION OF
9 KINGSTON ESTATES FOR KE
10 HOMEOWNERS ASSOCIATION
11
12 WHEREAS, KE Homeowners Association, a Virginia non-stock corporation,
13 desires to construct and maintain two entry wing walls with wall-mounted irrigation
14 controllers and electrical transformers on either side of both entrances into the Kingston
15 Estates residential subdivision and to maintain two subdivision signs, and a subsurface
16 irrigation system and landscaping at each entrance (the "Encroachments") within the
17 City's right-of-way located at West Neck Road, Back Gate Drive and Tin Barn Way,
18 adjacent to the subdivision of Kingston Estates.
19
20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
22 the City's right-of-way subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
27 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, KE Homeowners Association,
29 its heirs, assigns and successors in title are authorized to construct and maintain two
30 entry wing walls with wall mounted irrigation controllers and electrical transformers on
31 either side of both entrances into the Kingston Estates residential subdivision and to
32 maintain two subdivision signs, and a subsurface irrigation system and landscaping at
33 each entrance in the City's right-of-way as shown on the map entitled: "KINGSTON
34 ENCROACHMENT EXHIBIT BACK GATE DRIVE" and "KINGSTON ENCROACHMENT
35 EXHIBIT TIN BARN WAY", dated August 2, 2018 and prepared by Timmons Group, copy
36 of which is attached hereto as Exhibit A and on file in the Department of Public Works,
37 and to which reference is made for a more particular description; and
38
39 BE IT FURTHER ORDAINED, that the temporary encroachments are
40 expressly subject to those terms, conditions and criteria contained in the agreement
41 between the City of Virginia Beach and KE Homeowners Association (the "Agreement"),
42 an unexecuted copy of which has been presented to the Council in its agenda, and will
43 be recorded among the records of the Clerk's Office of the Circuit Court of the City of
44 Virginia Beach.
1
45
46 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is
47 hereby authorized to execute the Agreement; and
48
49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
50 time as KE Homeowners Association and the City Manager or his authorized designee
51 execute the Agreement.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day
54 of October , 2018.
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
.:4411;i419
. 71
PUB I ORKS, REAL ESTATE A . t IARMEYER
SENIOR CITY ATTORNEY
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R-1
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YOUR VISION ACHIEVED THROUGH OURS.
Encroachment Request
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ENCROACHMENT REQUEST
FOR KING'S LANDING VA. LLC
INTERSECTION OF BACK GATE DRIVE & WEST NECK ROAD
Legend AND INTERSECTION OF TIN BARN WAY&WEST NECK ROAD
02403-05 8551 GPIN: 2403-05-8551
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this day of , 201 , by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and KE HOMEOWNERS ASSOCIATION, a
Virginia, non-stock corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lots, tracts, or parcels
of land designated and described as "Parcel 2 and Parcel 3 ", as shown on that certain
plat entitled: "RESUBDIVISION OF PROPERTY OF KING FARMS, LLC (DB 4242, PG
1778) (INST. NO. 20130612000677160) VIRGINIA BEACH, VIRGINIA" dated October
25, 2016 and prepared by MSA, P.C., which said plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number
20161208001116490 and now being part of the Subdivision known as Kingston Estates,
Phase 1 by Plat recorded as Instrument Number 20180119000048270.
WHEREAS, it is proposed by the Grantee to construct and maintain two
entry wing walls with wall mounted irrigation controllers and electrical transformers on
either side of both entrances into the Kingston Estates residential subdivision and to
maintain two subdivision signs, and a subsurface irrigation system and landscaping at
each entrance (collectively, the "Temporary Encroachment"); and
GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED)
GPIN: 2403-07-1470, 1493-95-4792 & 2403-05-8551
1
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City right-of-way located at Back Gate Drive and Tin Barn Way (the "Encroachment
Area");
WHEREAS, the Grantee's installation of the walls and electrical
transformers will encroach 9 feet into Back Gate Drive and Tin Barn Way;
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on those certain exhibits plats entitled: "Kingston
Encroachment Exhibit, BACK GATE DRIVE" and
"KINGSTON ENCROACHMENT EXHIBIT TIN BARN WAY"
dated August 2, 2018, and prepared by Timmons Group, a
copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
The Exhibit is two (2) sheets, one for Back Gate Drive and one for Tin Barn Way.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
3
It is further expressly understood that any existing encroachments
referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of
the Grantee and the City disclaims any ownership interest or maintenance obligation of
such encroachments.
It is further expressly understood and agreed that prior to issuance of a
right-of-way/utility easement Permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
4
for the use of the Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, the said KE HOMEOWNERS ASSOCIATION
has caused this Agreement to be executed in its corporate name and on its behalf by
CLARK HETZLER, of KE HOMEOWNERS ASSOCIATION, its President. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
ATTEST:
(SEAL)
By (SEAL)
City Manager/Authorized
City Clerk/Authorized Designee of the City Manager
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2018, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2018, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
KE HOMEOWNERS ASSOCIATION
a Virginia non-stock corporation
By - le (SEAL)
C - • .�- • er, President
STATE OF
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ti-- day of
CJS- , 2018, by CLARK HETZLER, President of KE HOMEOWNERS
ASSOCIATION, a Virginia non-stock corporation.
c- (SEAL)
No Public 3
Notary Registration Number: e,9 I S1
My Commission Expires: 10 f 3l/6)3,X0 �A otA'GtS ili
:v�aw�
� 9y%%
(THE REMAINDER OF THIS PAGE WAS INTENTIONALL'4 J V:
.,,/qRY PV ``•%%
iiiiimino 7
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFF - • CY AND FORM
dr
SIGNAT RE D • N : - R ER
• - CITY ATTORNEY
t WA9ade 4e4047/r
DEPARTMENT
8
1
i IRR.COVERAGE AREA
— —
`: IRRIGATION PIPE
\` / / f \ IRRIGATION HEAD(TYP)
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REQUIRED STREET TREES NOT
SHOWN.$EE PLANTING PLAN SHT i
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a lobLANTING BED Otto/
1 70..:4I �( 5 w ,� RRGAT ONNTED
0. ,1I�, CONT OLLER
WALL MOUNTED. . ,'p I. B. :.'I. i � JP - -ELECTRICL TRAFORMER 0 E; O .
9�, )01 foil � '.I 16 0 f r�1P' , ELECTRICAL TRANSFORMER
ENTRY WING WALL(TYP) 4L` .. j1 '•' if.®,, _1 9.0
sl/' r.,Ip .
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STORMIIIIATER �� '•I. il_., milli' if fIM ! STORMWATE
ORMWATE
POND ' 1 -N;,1 w.; er •:: ; �j)Il \/ I►��,- ••� �i;. /v� _ \ � POND
45 g �' 10.5' '• i; '•?go*
PROPOSED ALIGNMENT i= • t.(I1`. , PROPOSED ALIGNMENT
R.O.W. c��l `rail I ''ir � l�� R.0 W
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- - -- - - - - - �J
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EXISTING ALIGNMENT EXISTING ALIGNMENT
WEST NECK ROAD
0 so 120
I I-1 1 I Feet
€
�� CtCt
KINGSTON ENCROACHMENT EXHIBIT A C t,,
BACK GATE DRIVE-August 2, 2018L0 L M M O N S GROUP
YOUR VISION ACHIEVED THROUGH OURS.
\. re ' .,..." 2 ,
i) 0
REQUIRED STREET TREES NOT
SHOWN.SEE PLANTING PLAN SHT
4: t..# I�rn LP-106.
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�► IRRIGATION PIPE
r E/'4--
.46
IRRIGATION HEAD(TYP)
,rte COVERAGE AREA
! 4 '.1
``. ���i� 4kik PLANTINGta, BED _
/ STORMWATER\N.E'\ n�� ��� `` i`Alit-Iti:NivA , STORMWATER
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WALL MOUNTED / it 1 ./.4, ; I ii;.•;;' I ••' PUI
ELECTRICAL TRANSFORMER P I �i = .�( „,..-.,11 �� I WALL MOUNTED
(TYP)
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= �'i�4 A ve, p , �',• et. rr��- ELECTRICAL TRANSFORMER
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EXISTING ALIGNMENT =
- -- _ - i PROPOSED ALIGNMENT
__Pty
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/I
ENTRY WING WALL(TYP) \ \
ENTRY SIGN I/
( IIIr I
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0 60 120
I1• 1 I I Feet
KINGSTON ENCROACHMENT EXHIBIT A �CCC
0
TIN BARN WAY-August 2, 2016 TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
49
ITEM-VI-18a
ORDINANCES/RESOLUTIONS
ITEM#68548
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management
Agency (FEMA):
a. $33,750 in Grant Funds to the FY2018-19 Police Department Operating Budget re
marine patrol dive equipment
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2018-
3 19 POLICE DEPARTMENT OPERATING BUDGET FOR
4 MARINE PATROL DIVE EQUIPMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1) $33,750 is hereby accepted from the United States Department of Homeland
10 Security, with federal revenues increased accordingly, and appropriated to the
11 FY 2018-19 Police Department Operating Budget for the purchase of a surface
12 supplied air system and its associated marine patrol dive equipment.
13
14 2) $11,250 is hereby transferred within the FY 2018-19 Police Department
15 Operating Budget to provide the required local grant match.
16
17 3) The equipment purchased with these grant funds is not guaranteed to be
18 replaced by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of October 2018.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
l 9 AOf\aDt°
Budget & Management Services -- y e or ey's Office
CA14538
R-1
September 26, 2018
50
ITEM-VI-J.8b
ORDINANCES/RESOLUTIONS
ITEM#68549
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management
Agency(FEMA):
b. $1,323,990 in Grant Funds to the FY2018-19 Fire Department Operating Budget re
continued operation of the Virginia Task Force 2 Urban Search and Rescue Team
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM FEDERAL EMERGENCY
3 MANAGEMNT AGENCY FOR THE CONTINUED
4 OPERATION OF THE VIRGINIA TASK FORCE 2
5 URBAN SEARCH AND RESCUE TEAM
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1) $1,323,990 is hereby accepted from the U.S. Department of Homeland
11 Security, Federal Emergency Management Agency, and appropriated, with
12 federal revenue increased accordingly, to the FY 2018-19 Operating Budget
13 of the Fire Department for the FY 2017-18 Cooperative Agreement Grant that
14 continues operation of the Virginia Task Force 2 Urban Search and Rescue
15 Team;
16
17 2) 2.25 FTE of current grant-funded positions are hereby approved for the
18 duration of the grant expenditure period and conditioned upon continued grant
19 funding.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of October , 2018.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
A
Budget and Management Services Ci • 'orn-y's Office
CA14546
R-1
October 4, 2018
51
ITEM-VI-J.8c
ORDINANCES/RESOLUTIONS
ITEM#68550
The following registered to speak:
William Bailey, 211 24`''Street, Phone; 288-5761, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED Ordinance
to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA):
c. $500,000 in reimbursement from the Federal Emergency Management Agency
(FEMA) to the FY2018-19 Fire Department Operating Budget re mobilization of
the Virginia Task Force 2 Urban Search and Rescue Team for Hurricanes Lane,
Olivia, and Florence
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $500,000 RELATED TO THE MOBILIZATION OF THE
3 VIRGINIA TASK FORCE 2 FEMA URBAN SEARCH
4 AND RESCUE TEAM FOR HURRICANES LANE,
5 OLIVIA, AND FLORENCE
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That$500,000 from the Federal Emergency Management Administration is hereby
11 accepted and appropriated to the Fire Department's FY 2018-19 Operating Budget, with
12 federal revenue increased accordingly, for costs associated with the Hurricanes Lane,
13 Olivia, and Florence mobilizations of the Virginia Task Force 2 Urban Search and Rescue
14 Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of October 2018.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services Ci "`"•'rne s Office
CA14545
R-1
October 4, 2018
52
ITEM-VI-J.9a
ORDINANCES/RESOLUTIONS
ITEM#68551
Upon motion by Vice Mayor Wood, seconded by seconded by Council Lady Wilson, City Council
ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $15,555 In Lieu of Park Reservation from the Trotter Court Subdivision to the
Parks/Special Use Facility Development and Renovations III CIP
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS TO CIP 4-301 , "PARKS/SPECIAL USE
3 FACILITY DEVELOPMENT & RENOVATIONS III,"
4 FROM A CASH IN LIEU OF PARK RESERVATION
5 PAYMENT
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 $15,555 is hereby accepted from the Trotter Court Subdivision development in lieu
11 of a park reservation and appropriated, with estimated revenue increased accordingly, to
12 CIP #4-301, "Parks/Special Use Facility Development & Renovations III."
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of October 2018.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
•
Budget ander anagemeri ervices City me s Office
CA14543
R-1
October 3, 2018
53
ITEM-VI-J.9b
ORDINANCES/RESOLUTIONS
ITEM#68552
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $46,128.75 in donations from the Friends of Virginia Beach Public Libraries to the
FY2018-19 Department of Public Libraries Operating Budget
Voting.• 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 DONATIONS FROM THE FRIENDS OF THE VIRGINIA
3 BEACH PUBLIC LIBRARIES TO THE FY 2018-19
4 OPERATING BUDGET OF THE LIBRARY DEPARTMENT
5
6 WHEREAS, the Friends of the Virginia Beach Public Libraries has made monetary
7 donations to support Virginia Beach Public Libraries;
8
9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11
12 That $46,128.75 is hereby be appropriated, with revenue increased accordingly,
13 to the FY 2018-19 Operating Budget of the Department of Public Libraries for the
14 purchase of good to support library programs such as the Summer Reading Challenge.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of
October 2018.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
bCO v A IA 7 �--
Budget and Management Services orney s Office
CA14535
R-1
September 20, 2018
54
Item -VI-K
PLANNING
ITEM#68553
1.KYLE W. & BAILEY B. FETT VARIANCE
2. PRINCESS ANNE MEADOWS,LLC/WILLIAM A CONDITIONAL REZONING
& JAMES SNOWDEN MODIFICATION OF PROFFERS
3. GRIER HAHN ENTERPRISES,INC./POOLE'S MODIFICATION OF CONDITIONS
DOCKSIDE,LLC
4. CRESPO ENTERPRISES,INC./d/b/a ROADRUNNER CONDITIONAL USE PERMIT
TOWING&AC ENTERPRISES,INC. d/b/a
LOGAN'S TOWING/5312 VIRGINIA BEACH
BOULEVARD,LLC
5. NOFISAT TAYO& BOL UDE JONES KOMOLAFE CONDITIONAL USE PERMIT
6. MAVIS BAHADOSINGH& NICHOLAS GRADY CONDITIONAL USE PERMIT
7. JASMINE GOULD/CRUZ LIVING TRUST CONDITIONAL USE PERMIT
8.ANDERSON'S VIRGINIA BEACH,LLCMGI-VB CONDITIONAL USE PERMIT
HOLDING,LLC
9. MARY BOZARD/THOMAS LEE BOZARD CONDITIONAL USE PERMIT
10. THE EDGE SPORTS,LLC/FAIRFIELD TIC,LLC; CONDITIONAL USE PERMIT
BCP TIC,LLC;DMF TIC,LLC; GCK TIC,LLC
9. ORDINANCE TO ADOPT/INCORPORATE INTO
VIRGINIA BEACH COMPREHENSIVE PLAN THE
BURTON STATION STRATEGIC GROWTH AREA
MASTER PLAN 2018 AND AMEND EXECUTIVE
SUMMARY
October 16, 2018
55
ITEM—VI-K
PLANNING
ITEM#68554
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council APPROVED, BY
CONSENT:Agenda Item 1, 2, 3, 4(AS MODIFIED), 5, 6, 7, 8, 9, 10, and 11
Voting: 10-0
Council Members Voting Aye:
Jessica Pt,Abbott, 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.•
None
October 16, 2018
56
ITEM—VI-K.1
PLANNING
ITEM#68555
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of KYLE W. & BAILEY B. FETT for a Variance to
Section 4.4(b) of the Subdivision Regulations re lot width at 633 Princess Anne Road DISTRICT 7 —
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
KYLE W & BAILEY B. FETT for a Variance to Section 4.4(b) of the
Subdivision Regulations re lot width at 633 Princess Anne Road (GPIN
2308792616)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. When the property is subdivided, it shall be substantially in accordance with the submitted
subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF KYLE W. FETT&BAILEY B.
FETT, "dated June 28, 2018, and prepared by WPL. Said exhibit has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning and Community
Development. A final plat shall be recorded with the Clerk of Court reflective of the layout
referenced herein.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`" day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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57
ITEM—VI-K.2
PLANNING
ITEM#68556
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council,
APPROVED/MODIFIED, AS PROFFERED, BY CONSENT, Application of PRINCESS ANNE
MEADOWS, LLC/WILLIAM SNOWDEN& JAMES SNOWDEN for a Conditional Change of Zoning
from AG-1 Agricultural to Conditional R-10 Residential and Modification of Proffers at the 2800-2900
Block of Princess Anne Road(Dated September 22, 2015)DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PRINCESS ANNE MEADOWS,LLC/WILLIAM SNOWDEN& JAMES
SNOWDEN for a Conditional Change of Zoning from AG-1 Agricultural to
Conditional R-10 Residential and Modification of Proffers at the 2800-2900
Block of Princess Anne Road(Dated September 22, 2015) (GPINs 1494470310,
1494461695, 1494471877, 1494464666, 1494475502, 1494475847,
1494479615, 1494481279, 1494482492, 1494485388, 1494483050 and portion
of 1485841210)DISTRICT 7—PRINCESS ANNE
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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58
ITEM—VI-K.3
PLANNING
ITEM#68557
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of GRIER HAHN ENTERPRISES, INC./POOLE'S
DOCKSIDE LLC for a Modification of Conditions re Commercial Marina at 3311 Shore Drive
DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
GRIER HAHN ENTERPRISES, INC./POOLE'S DOCKSIDE LLC for
a Modification of Conditions re Commercial Marina at 3311 Shore
Drive (GPINS 1489883682, 1489884699, 1489884455, 1489884670,
1489885516,1489885487, 1489886304)DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. With the exception of any modifications required by any of these conditions or as a result of
the Joint Permit Application approval, the additions and proposed changes to the marina shall
be developed substantially in conformance with the exhibit entitled, "CONDITIONAL USE
PERMIT EXHIBIT FOR DOCKSIDE RESTAURANT LOCATED AT 3311 SHORE DRIVE,
VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, LTD., date
March 15, 2018, as exhibited to City Council and is on file with the Department of Planning&
Community Development.
2. The applicant shall obtain Joint Permit Application approval from the Department of
Planning& Community Development prior to any construction.
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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59
ITEM—VI-K4
PLANNING
ITEM#68558
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
•
AMENDED/CONDITIONED, BY CONSENT, Application of CRESPO ENTERPRISES, INC. d/b/a
ROADRUNNER TOWING&AC ENTERPRISES,INC. d/b/a LOGAN'S TOWING/5312 VIRGINIA
BEACH BOULEVARD, LLC for a Conditional Use Permit re Bulk Storage Yard at 5312 Virginia
Beach Boulevard DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CRESPO ENTERPRISES, INC. d/b/a ROADRUNNER TOWING &
AC ENTERPRISES, INC. d/b/a LOGAN'S TOWING / 5312
VIRGINIA BEACH BOULEVARD for a Conditional Use Permit re
Bulk Storage Yard at 5312 Virginia Beach Boulevard (GPIN
1467676257)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. Screening and buffering shall be addressed as follows, and as depicted on the exhibit entitled
"Staff Recommended Site Layout."
a. The existing chain link fencing parallel to the northern and eastern property lines shall be
replaced with a solid six(6)foot tall fence within forty-five(45)days of City Council
approval.If and when the properties to the north and/or east are developed with residential
uses, the required Category VI landscape screening, with the solid fences setback six(6)feet
from the property line, shall be installed on the northern and eastern side of the Bulk Storage •
Yard, as depicted on the exhibit entitled "Staff Recommended Site Layout"
b. A six(6)foot tall solid fence shall be installed along the western boundary line.
c. A chain link fence shall be permitted along the southern boundary of the Bulk Storage Yard.
2. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting
and glare shall be deflected, shaded, and focused away from all adjoining property.Any new
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
3. Activities that will result in vehicle alarms or other noise disturbances shall be limited to the
hours of 7:00 a.m. to 10:00 p.m.
4. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles
towed to the site. A determination of operability of a wrecked vehicle shall be made within five(5)
business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five
(5) business days.
5. The use of the Bulk Storage Yard is limited to the storage of vehicles only.
October 16, 2018
60
ITEM—VI-K4
PLANNING
ITEM#68558
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16"' day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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61
ITEM—VI-K 5
PLANNING
ITEM#68559
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of NOFISAT TA YO KOMOLAFE& BOL UDE JONES
KOMOLAFE for a Conditional Use Permit re Family Day-Care Home at 1961 Arlington Arch Drive
DISTRICT 1 —CENTER VILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
NOFISAT TAYO KOMOLAFE& BOL UDE JONES KOMOLAFE for
a Conditional Use Permit re Family Day-Care Home at 1961 Arlington
Arch Drive (GPIN 1454991331)DISTRICT 1 —CENTERVILLE
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular congestion.
2. The Family Day-Care Home shall be limited to a total of twelve (12)children, other than
children living in the home.
3. The applicant shall maintain a license for the in-home daycare operation with the
Commonwealth of Virginia, Department of Social Services.
4. No more than one (1)person, other than the applicant, shall assist with the operation of the
family day-care home at any one time.
5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square
foot in area and shall only be mounted flat against the residence.
6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach.
Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building
Official's Office for use of the house as a Family Day-Care Home.
This Ordinance shall be effective in accordance with Section 1071t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`x'day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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62
ITEM—VI-K.6
PLANNING
ITEM#68560
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of MAVIS BAHADOSINGH & NICHOLAS GRADY
for a Conditional Use Permit re Family Day-Care Home at 1605 Clood Drive DISTRICT 3 —ROSE
HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MAVIS BAHADOSINGH & NICHOLAS GRADY for a Conditional
Use Permit re Family Day-Care Home at 1605 Cliff vood Drive (GPIN
1475257549)DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular congestion.
2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than
children living in the home.
3. The applicant shall maintain a license for the in-home daycare operation with the
Commonwealth of Virginia, Department of Social Services.
4. No more than one (1)person, other than the applicant, shall assist with the operation of the
family day-care home at any one time.
5. Any sign identing the Home Occupation shall be non-illuminated, not more than one (1)square
foot in area and shall only be mounted flat against the residence.
6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach.
Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building
Official's Office for use of the house as a Family Day-Care Home.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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63
ITEM—VI-K.7
PLANNING
ITEM#68561
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of JASMEEN GOULD/CRUZ LIVING TRUST for a
Conditional Use Permit re Family Day-Care Home at 4440 Pissarro Drive DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JASMEEN GOULD / CRUZ LIVING TRUST for a Conditional Use
Permit re Family Day-Care Home at 4440 Pissarro Drive (GPIN
1475669073)DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular congestion.
2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than
children living in the home.
3. The applicant shall maintain a license for the in-home daycare operation with the
Commonwealth of Virginia, Department of Social Services.
4. No more than one (1)person, other than the applicant, shall assist with the operation of the
family day-care home at any one time.
5. Any sign identi&ing the Home Occupation shall be non-illuminated, not more than one(1)square
foot in area and shall only be mounted flat against the residence.
6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach.
Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building
Official's Office for use of the house as a Family Day-Care Home.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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64
ITEM—VI-K8
PLANNING
ITEM#68562
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of ANDERSON'S VIRGINIA BEACH, LLC/AGI-VB
HOLDINGS, LLC for a Conditional Use Permit re Outdoor Recreational Facility at 1925 Fisher Arch
DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ANDERSON'S VIRGINIA BEACH,LLC/AGI-VB HOLDINGS,LLC
for a Conditional Use Permit re Outdoor Recreational Facility at 1925
Fisher Arch (GPIN 2414316336)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. Prior to construction of the miniature golf course, a site plan in substantial conformance to the
site layout entitled "MINIATURE GOLF CONCEPT PLAN 1925 FISHER ARCH, VB BEACH"
by ANDERSON'S LANDSCAPES, dated AUGUST 2018, shall be submitted for detailed site plan
review and approval. Said plan is on file in the Department of Planning and Community
Development.
2. The location of the Outdoor Recreation Facility shall be limited to the area depicted on the
proposed site layout on page five (5) of the Staff Report, which has been exhibited to the Virginia
Beach City Council and is on file in the Department of Planning and Community Development.
3. When the property is developed, the pavilion and fence shall have architectural features, and
appearance of like quality and character as depicted on page six(6)of the Staff Report, entitled
"Proposed Pavilion Elevation and Fence Design, "which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning and
Community Development.
4. All light fixtures shall be shielded and angled away from the adjacent residential uses.
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16"'day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
65
ITEM—VI-K.9
PLANNING
ITEM#68563
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of MARY BOZARD /THOMAS LEE BOZARD for a
Conditional Use Permit re Residential Kennel at 2880 Indian River Road DISTRICT 7 — PRINCESS
ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MARY BOZARD /THOMAS LEE BOZARD for a Conditional Use
Permit re Residential Kennel at 2880 Indian River Road (GPIN
1493335295)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. No more than six(6)adult dogs shall be kept on the property at any time.
2. The dog kennels shall be maintained in a safe and sanitary condition.
3. All animal waste from the dog kennels shall be collected and disposed of in a lawful manner on a
daily basis.
4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed
through the City of Virginia Beach.
5. All dogs shall be kept indoors between the hours of 10:00 p.m. and 7:00 a.m., with the exception
for brief breaks for urination and defecation.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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66
ITEM—VI-K.10
PLANNING
ITEM#68564
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED,BY CONSENT,Application of THE EDGE SPORTS,LLC/FAIRFIELD TIC,LLC;
BCP TIC, LLC; DMF TIC, LLC; AND GCK TIC, LLC for a Conditional Use Permit re Indoor
Recreation Facility at 5258-A Fairfield Shopping Center DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THE EDGE SPORTS, LLC/FAIRFIELD TIC, LLC;BCP TIC, LLC;
DMF TIC, LLC;AND GCK TIC, LLC for a Conditional Use Permit re
Indoor Recreation Facility at 5258-A Fairfield Shopping Center (GPIN
1466542739)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. The location of the Indoor Recreation Facility shall be limited to the area depicted on the
proposed site layout on page five (5) of the report, which has been exhibited to the Virginia
Beach City Council and is on file in the Department of Planning and Community Development.
2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance.
3. The applicant shall obtain all necessary permits and inspections from the Planning Department
and Community Development Permit and Inspections Division, Health Department, and Fire
Department. The applicant shall obtain a Certificate of Occupancy from the Building Official
prior to commencing operation.
4. The maximum number of individuals within the facility shall not exceed the maximum number as
determined by the Fire Marshall.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
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67
ITEM—VI-K.11
PLANNING
ITEM#68565
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Ordinance to ADOPT and INCORPORATE into the Virginia Beach
Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede
the Burton Station Strategic Growth Area Master Plan 2009 and AMEND the Executive Summary,
Sections 1.2 (Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action) of the
Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th day of October, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, 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:
None
October 16, 2018
1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO
2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE
3 BURTON STATION STRATEGIC GROWTH AREA
4 MASTER PLAN 2018 WHICH WILL SUPERSEDE THE
5 BURTON STATION STRATEGIC GROWTH AREA
6 MASTER PLAN 2009 AND TO AMEND THE EXECUTIVE
7 SUMMARY, AND SECTIONS 1.2 (URBAN AREAS), AND
8 CHAPTER 3 (PLAN IMPLEMENTATION AND AGENDA
9 FOR FUTURE ACTION) OF THE COMPREHENSIVE PLAN
10 2016 PERTAINING TO THE BURTON STATION
11 STRATEGIC GROWTH AREA PLAN
12
13 WHEREAS, the public necessity, convenience, general welfare and good zoning
14 practice so require;
15
16 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 has
17 been developed with extensive input from the community and stakeholders, in order to
18 bring the Burton Station SGA into compliance with the surrounding development; and
19
20 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 is in
21 conformity with the proposed revisions to the Comprehensive Plan, attached hereto;
22 and
23
24 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 should
25 be adopted and incorporated as part of the Comprehensive Plan 2016.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby
31 is, amended and reordained by:
32
33 The adoption by City Council of the City of Virginia Beach of the Burton Station
34 Strategic Growth Area Master Plan 2018 and the amendments to the Comprehensive
35 Plan and their incorporation into the Comprehensive Plan 2016. Such documents are
36 attached hereto and made a part hereof, having been exhibited to the City Council and
37 placed on file in the Department of Planning and Community Development.
38
39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th
40 day of October , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
rt►a ►._
lanningDepart en City Attorney's S ice
CA14454
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June 6, 2018
2
68
ITEM VI-L
APPOINTMENTS
ITEM#68566
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
STORMWATER APPEALS BOARD
TRANSITION AREA/INTERFACILITY TRAFFIC ARA CITIZENS ADVLSORYBOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
•
October 16, 2018
69
ADJOURNMENT
ITEM#68567
Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:26 P.M.
, - ius
Chief Deputy City Clerk
�U 1
manda Barnes, SMC Louis R. Jones
City Clerk Mayor
City of Virginia Beach
Virginia
October 16, 2018