07-09-2019 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL 0.N1A•BE,i
MAYOR ROBERT M. "BOBBY"DYER,At Large J� .'< .`CL
VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 p4,'_. `�
71)
JESSICA P.ABBOTT,Kempsville-District 2 •:''
MICHAEL F.BERLUCCHI,Rose Hall-District 3
BARBARA M.HENLEY,Princess Anne-District 7
LOUIS R.JONES,Bayside-District 4 '44,, _ .'
JOHN D.MOSS.At large
AARON R.ROUSE,At Large °' °° '+•`°"`
GUY K.TOWER,Beach-District 6
ROSEMARY WILSON,At Large
SABRINA D. WOOTEN,Centerville-District 1
CITY HALL BUILDING
CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE
CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005
CITYATTORNEY-MARK D.STILES PHONE:(757)385-4303
CITY ASSESSOR-RONALD D.AGNOR July 9,2019 FAX(757)385-5669
CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com
CITY CLERK-AMANDA BARNES
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM
A. ECONOMIC IMPACT OF AGRICULTURE
David Trimmer, Director—Agriculture
B. BUILDING IN THE FLOODPLAIN
Bobby Tajan, Director—Planning and Community Development
C. PRESERVATION OF CONDOLENCE ITEMS AND MEMORIAL UPDATE
Emily Labows, Director—Cultural Affairs
Anne Miller, Manager—History Museums
D. MOTORIZED SCOOTERS (E-SCOOTERS)
Brian Solis, Assistant to the City Manager for Special Projects
E. RELOCATION OF PUBLIC WORKS &PUBLIC UTILITIES—LASKIN ROAD ANNEX
Thomas M. Leahy, Deputy City Manager
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
1V. INFORMAL SESSION - Conference Room - 5:20 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION: Pastor Robb Esperat
Virginia Beach Community Chapel
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS July 2, 2019
G. MAYOR'S PRESENTATION
1. VBSTRONG CHARITY CAR SHOW
Andrew Houston, Chris Jones, Mark Evans, and John Herbert
H. FORMAL SESSION AGENDA
1. CONSENT AGENDA
I. ORDINANCES
1. Ordinance to ESTABLISH CIP#3-174 "Operations Facilities Renovations" and
APPROPRIATE $982,121 from the General Fund Balance and TRANSFER$3,017,879 from
existing CIP projects re consolidate Municipal Center Facility Planning
2. Ordinance to AMEND City Code Section 7-59.1 re riding wheeled devices or vehicles in the
Resort Area
3. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School
Board re legal services provided to the School Board and School Administration by the City
Attorney in FY 2020
4. Ordinance to ACCEPT and APPROPRIATE $916,066 from the State to the FY 2019-20
Department of Human Services Operating Budget and AUTHORIZE twelve(12)new positions
re Jail and Re-Entry Services Coordination Pathway
J. PLANNING
1. H & S DEVELOPMENT GROUP,LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a
Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6—
BEACH (Deferred from August 7, 2018)
RECOMMENDATION: APPROVAL
K. APPOINTMENTS
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
—ELECTRICAL DIVISION
—NEW CONSTRUCTION DIVISION
—PLUMBING AND MECHANICAL DIVISION
COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
HISTORIC PRESERVATION COMMISSION
HOUSING ADVISORY BOARD
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
SOCIAL SERVICES BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
********************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*****************************
7/1/19 pm
2019 CITY COUNCIL MEETINGS
Wednesday, July 10 Governance Special Session
Tuesday,August 6 Formal Session
Tuesday,August 13 Workshop
Tuesday,August 20 Formal Session
Tuesday,August 27 Workshop
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM
A. ECONOMIC IMPACT OF AGRICULTURE
David Trimmer, Director—Agriculture
B. BUILDING IN THE FLOODPLAIN
Bobby Tajan, Director—Planning and Community Development
C. PRESERVATION OF CONDOLENCE ITEMS AND MEMORIAL UPDATE
Emily Labows, Director—Cultural Affairs
Anne Miller, Manager—History Museums
D. MOTORIZED SCOOTERS (E-SCOOTERS)
Brian Solis,Assistant to the City Manager for Special Projects
E. RELOCATION OF PUBLIC WORKS & PUBLIC UTILITIES—LASKIN ROAD ANNEX
Thomas M. Leahy, Deputy City Manager
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room - 5:20 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION: Pastor Robb Esperat
Virginia Beach Community Chapel
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS July 2, 2019
G. MAYOR'S PRESENTATION
1. VBSTRONG CHARITY CAR SHOW
Andrew Houston, Chris Jones, Mark Evans, and John Herbert
H. FORMAL SESSION AGENDA
1. CONSENT AGENDA
I. ORDINANCES
1. Ordinance to ESTABLISH CIP #3-174 "Operations Facilities Renovations" and
APPROPRIATE $982,121 from the General Fund Balance and TRANSFER$3,017,879 from
existing CIP projects re consolidate Municipal Center Facility Planning
2. Ordinance to AMEND City Code Section 7-59.1 re riding wheeled devices or vehicles in the
Resort Area
3. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School
Board re legal services provided to the School Board and School Administration by the City
Attorney in FY 2020
4. Ordinance to ACCEPT and APPROPRIATE $916,066 from the State to the FY 2019-20
Department of Human Services Operating Budget and AUTHORIZE twelve (12) new positions
re Jail and Re-Entry Services Coordination Pathway
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Consolidate Municipal Center Facility Planning by Establishing
CIP #3-174, "Operations Facilities Renovations," Appropriating Fund Balance,
and Transferring Funds
MEETING DATE: July 9, 2019
• Background: Following the events of May 31, 2019, there is an immediate need
to begin planning and implementing the future of department locations within the
Municipal Center. Facilities Management has determined that renovated Buildings 1, 2,
and 11 will be able to house the departments of Public Works, Public Utilities,
Information Technology, Planning, as well as the Police Headquarters and First Precinct
without returning Public Works, Planning, or Public Utilities to Building 2. Because it has
not been determined where each department will be situated, there is a need to create a
unified Capital Improvement Project that can address the needs of each of these
buildings and allow for a single contract that can begin the design work for these
requirements. Total design is estimated to cost $4 million. Funding within the existing
CIP has been identified to partially fund this need. Redirecting funding from the projects
outlined in the table below address $3,017,879 of this need.
, ; _ ie ATDs to Transfer
3-160 Building 1 Renovations $800,000
3-025 Buildin• 2 Electrical Upgrades $2,063,346
3-512 Public Safety Building Renovations* $0
3-157 Facilities Planning $154,533
Total $3,017,879
*This project was newly established in FY 2019-20 and there are no appropriations to date. Funding for
this project was anticipated to begin in FY 2022-23.
This ordinance will combine CIPS 3-160 "Building 1 Renovations", 3-025 "Building 2
Electrical Upgrades", and 3-512 "Public Safety Building Renovations" into a newly
created CIP 3-174, "Operations Facilities Renovations," and transfer appropriations to
date from each of the projects into the new project.
The total amount transferred from existing CIP projects is $3,017,879, but it is expected
that the design contract will cost approximately $4,000,000. An additional $982,121 is to
be appropriated and transferred from General Fund Fund Balance, for a total transfer of
$4,000,000. The use of fund balance will slightly impact the Unrestricted General Fund
Fund Balance as a percentage of FY 2019-20 revenues. See table on next page for
more detail.
Prior to .a sfer
Estimated FY 2019-20 GF Revenues $1,185,305,163
Estimated Unrestricted FB June 30, 2019 $118,320,123
Percentage 9.98%
After Transfer ;
Estimated FY 2019-20 GF Revenues $1,185,305,163
Estimated Unrestricted FB June 30, 2019 $117,338,002
Percentage 9.90%
• Considerations: Of the total transfer, $400,000 is funded by Public Utilities.
Once it is determined where Public Utilities will be located and how much space they
will need, additional funding from the department will be programmed into the CIP. In
year 2 of the approved CIP there was an additional $1 ,000,000 in funding from Public
Utilities already programmed for CIP 3-160 Building 1 Renovations.
• Public Information: Normal City Council agenda process
• Attachments: Ordinance, Exhibit A (Proposed CIP #3-174 Detail Page)
Recommended Action: Approval
Submitting De,a ,ent/ • ,ency: Public Wor4.
City Manager: �::,;� _
1 AN ORDINANCE TO CONSOLIDATE MUNICIPAL CENTER
2 FACILITY PLANNING BY ESTABLISHING CIP #3-174,
3 "OPERATIONS FACILITIES RENOVATIONS,"
4 APPROPRIATING FUND BALANCE, AND TRANSFERRING
5 FUNDS
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 THAT:
9
10 1. Capital Improvement Project (CIP) #3-174 "Operations Facilities Renovations" is
11 hereby established in the FY 2019-20 Capital Improvement Program with a project
12 detail set forth in the attached, Exhibit A.
13
14 2. $982,121 in General Fund Fund Balance is hereby appropriated to CIP #3-174.
15
16 3. $3,017,879 is hereby transferred to CIP #3-174 from the following sources:
17 a. $800,000 from CIP #3-160, "Building 1 Renovations;"
18 b. $2,063,346 from CIP #3-025, "Building 2 Electrical Upgrades;" and
19 c. $154,533 from CIP #3-157, "Facilities Planning."
20
21 4. That Projects # 3-025 "Building 2 Electrical Upgrades," # 3-160 "Building 1
22 Renovations", and #3-512 "Public Safety Building Renovations" are hereby
23 eliminated in the FY 2019-20 CIP.
Requires an affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
2udget and anagement Services �o ey's afie
i
CA14789
R-1
June 26, 2019
Exhibit A
City of Virginia Beach FY 2020 thru FY 2025 Capital Improvement Program
Project: 3174000 Title:Operations Facilities Renovations Status: Proposed
Category: Buildings and Assets Departmen Public Works Ranking:1
Project Type Project Location
Project Type: Renovations of Existing Facilities District:Princess Anne
Programmed Funding
Programmed Appropriated Appropriated Non-Appropriated Programmed CIP Funding
Funding To Date FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Future Funding
7,000,000 3,200,000 800,000 2,000,000 0 1,000,000 0 0 76,000,000
Description and Scope
This project is for the renovation and repurposing of the 95,207 GSF Operations,Building(2),the 80,000 GSF Former City Hall, Building(1)and the 57,588 GSF
Public Safety Building,Building(11)at the Municipal Center.This project will demolish the interiors of all three buildings,opening up the interiors to provide
modern,new interior spaces for the Virginia Beach Police Departments First Precinct and Police Administration and the Departments of Public Works,Public
Utilities,Planning and Information Technology.
Purpose and Need
Building(1)was constructed in 1969 and Buildings(2)and(11)were constructed in 1979. B-1 contains extensive Asbestos Containing Materials(ACM)in mudded
pipe fittings,duct vibration cloth,duct work joint mastic,floor tile and fireproofing of the floor decking. All three buildings have antiquated electrical,mechanical
and plumbings systems and required extensive renovations. The interior layouts of all three buildings to not meet requirements. Renovations of B-1 and B-11
were bein:planned usin_CIP 3-160 and CIP 3-512.
History and Current Status
CIP 3-174 is being newly created and will be replacing CIP 3-160,Building 1 Renovations,CIP 3-512,Public Safety(B-11)Building Renovations and CIP 3-025,
Building 2 Electrical Upgrade. On May 31,2019,a mass shooting occurred in B-2 which resulted in the deaths of 12 City employees and 1 private contractor
project manager.There was extensive damage to the interiors of the second and third floors. City leadership has decided not to move the impacted
departments(Public Works,Public Utilities,Planning and IT)back into the building. Renovating and repurposing B-2 will enable it to be the new Public Safety
Building. Buildings 1 and 11 will be renovated and repurposed to be the new home of Public Works,Public Utilities,Planning and Information Technology.
Operating Budget Impacts
Annual operations and maintenance expenses for these three buildings will be$1,776,000/year.
Project Map Schedule of Activities
Project Activities From-To Amount
.-,:e, 4' Design 07/19-06/20 4,000,000
p r ;#I Construction 07/20-07/23 54,000,000
�`� 1.1
/ y sr ''" Furniture and Fixtures 09/21-09/23 12,000,000
' •t- d'-7' � /.' ¢ 'v 6 Contingencies 11/13-10/21 13,000,000
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a� Tr ,f.i,s,- ,`
.tea e M -*.. M • . ,y
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Total Budgetary Cost Estimate: 83,000,000
�,�.,.. 0 J,,by e{ 1 ,;t�i
• Lt. 1 .. ' i..'` " 4,. . ii.',w, Means of Financing
.�iii ' •'`�..•,.., - '�'. FundingSubclass Amount
�4 " •,, '-`.;41. Local Funding 83,000,000
%4 `\\ • -. 1'Y1„' -e x:'
...E _ y -
Total Funding: 83,000,000
GovMax 1 6/26/2019
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: An Ordinance to Amend Section 7-59.1 of the City Code Pertaining to Riding
Wheeled Devices or Vehicles in the Resort Area
MEETING DATE: July 9, 2019
• Background: The consumer market for transportation options to improve
mobility is constantly evolving. City staff is undertaking what is being called the Shared
Mobility Services initiative, with the primary goals to improve:
• Public safety and use compatibility with people, property and the environment;
• Mobility choices for residents and visitors;
• Management of the curbside and other public right-of-way/property; and
• Relationships to public transportation options and public and private parking
This mobility and quality of life improvement initiative work has begun to
comprehensively address over the longer term:
• E-Scooter (motorized scooters, also known as motorized foot scooters), E-Bike,
Bike use and shared-use regulations
• Rideshare Transportation Network Companies (TNCs) curbside drop/off pick-ups
and reducing traffic congestion
The immediate initial focus will be coordinating with vendors of motorized scooters,
including their management, as well as education and enforcement of existing
regulations. This includes review and consideration of other locality scooter regulations,
especially those in Virginia. During the resort season, it is currently unlawful for any
person to ride an electric personal assistive mobility device, electric power-assisted
bicycle, moped, motorized skateboard or motorized scooter on Atlantic Avenue.
• Considerations: The consideration of an ordinance to amend section 7-59.1 of
the city code pertaining to riding wheeled devices or vehicles in the Resort Area which
would state:
Notwithstanding the prior subsection, motorized scooters may be operated
on the trolley lanes of Atlantic Avenue.
The Code change would help balance Police enforcement resources to keep the
scooters off of the Boardwalk, bike path and Atlantic Avenue (other than the trolley
lanes), Pacific Avenue and perpendicular streets' sidewalks as an interim measure,
while allowing some mobility choice in the Resort Area.
• Public Information: Public information will be provided through the normal
Council agenda process. Over the longer term, there will be City external stakeholder
involvement, including appropriate Council-appointed boards, committees and
commissions, as well as community engagement will also help guide any additional
future changes.
• Alternatives: An alternative is strict enforcement of not allowing motorized
scooters east of Pacific Avenue anywhere in the Resort Area from May 1 to September
30.
• Recommendations: Approval of resolution.
• Attachment: Ordinance.
Recommended Action: Approval
Submitting Depa' - • gency: Office of the City Manage
City Manager
1 AN ORDINANCE TO AMEND SECTION 7-59.1 OF
2 THE CITY CODE PERTAINING TO RIDING
3 WHEELED DEVICES OR VEHICLES IN THE
4 RESORT AREA
5
6 SECTION AMENDED: § 7-59.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 7-59.1 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 7-59.1. - Regulations pertaining to riding wheeled devices or vehicles in the
15 resort area.
16 (a) During the resort season, it shall be unlawful for any person to ride an electric
17 personal assistive mobility device, electric power-assisted bicycle, moped,
18 motorized skateboard or motorized scooter on Atlantic Avenue.
19 (b) Notwithstanding the prior subsection, motorized scooters may be operated on the
20 trolley lanes of Atlantic Avenue.
21 (bc) It shall be unlawful at any time for any person to ride on any sidewalk in the resort
22 area an all-terrain vehicle, a bicycle, electric power-assisted bicycle, electric
23 personal assistive mobility device, motorized skateboard, motorized scooter,
24 skateboard, scooter, or any pedal-powered vehicle that is muscle-powered or any
25 muscle-powered device. However, the use of roller blades and roller skates is
26 permitted. A violation of this sub-section shall be punished by a civil penalty of not
27 more than fifty dollars ($50.00).
28 (Gd) It shall be unlawful at any time to operate an electric powered utility cart on Atlantic
29 Avenue or upon the sidewalks along Atlantic Avenue. An electric powered utility cart
30 may be operated on any sidewalk in the resort area other than Atlantic Avenue and
31 may cross Atlantic Avenue for the purpose of accessing the boardwalk or beach.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
City Manager's Office City Attorney's Office
CA14792 R-1 June 28, 2019
ji
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving a Cooperative Agreement between the City Council
and the School Board of the City of Virginia Beach Pertaining to Legal Services
to be provided to the School Board and School Administration by the Office of
the City Attorney in Fiscal Year 2020
MEETING DATE: July 9, 2019
• Background: Since 1996, the City Council has entered into a Cooperative
Agreement for the City Attorney to provide legal services to the School Board. Each
year, the Agreement is presented to the City Council for approval. On June 25, 2019,
the School Board approved the attached Cooperative Agreement.
• Considerations: Under the Cooperative Agreement between City Council and
the School Board, the City Attorney's Office will continue to provide 5,775 hours of legal
service to the School Division and will be reimbursed for the direct cost of those
services. One Deputy City Attorney (Kamala H. Lannetti), two Associate City Attorneys
(Dannielle Hall-Mclvor and Matthew R. Simmons), one paralegal (Anna Cleveland), and
one office assistant (not yet hired) are located in the School Administration Building, and
the Deputy City Attorney coordinates the delivery of additional legal services, as
needed, by other attorneys in the City Attorney's Office, as well as outside counsel.
• Public Information: The ordinance is to be advertised as a routine agenda
item.
• Recommendation: It is recommended that the City Council approve the
Cooperative Agreement and authorize Mayor Dyer to execute it on behalf of the City
Council.
• Attachments: Ordinance, Cooperative Agreement
Recommended Action: Approval
Submitting Department#Agency: City Attorney (1/1,-)A- L.< .o--- -
City Manager:
1 AN ORDINANCE APPROVING A COOPERATIVE
2 AGREEMENT BETWEEN THE CITY COUNCIL AND
3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA
4 BEACH PERTAINING TO LEGAL SERVICES TO BE
5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL
6 ADMINISTRATION BY THE OFFICE OF THE CITY
7 ATTORNEY IN FISCAL YEAR 2020
8
9 WHEREAS, the Office of the City Attorney has, for a number of years, provided
10 legal services to the Virginia Beach School Board and School Administration pursuant to
11 Cooperative Agreements; and
12
13 WHEREAS, City Council agrees that it is in the best interests of the City and the
14 School Board for the Office of the City Attorney to continue to provide legal services to the
15 School Board pursuant to the revised Cooperative Agreement for FY 2020.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 1 . That the City Council hereby approves the Cooperative Agreement for FY
21 2020, a copy of which is attached hereto.
22
23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement
24 on behalf of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2019.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
City Attorney Mark D. Stiles
CA14790
R-1
June 27, 2019
COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL
AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE
SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE
OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2020
Factual Background:
1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach,
Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the
City Council, the City Manager, and all departments, boards, commissions and agencies of the
City in all matters affecting the interests of the City, and that he shall have such powers and duties
as may be assigned by the City Council.
2. Appointment of City Attorney. The City Charter also provides that the City
Attorney is appointed by the City Council and serves at its pleasure.
3. School Board Authority. The School Board is established by the Virginia
Constitution, the City Charter, and provisions of general law, and is a body corporate vested with
all of the powers and duties of local school boards conferred by law,including the right to contract
and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school
property both real and personal.
4. School Board Authority to Hire Legal Counsel. The School Board is authorized
by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it,
and to pay for such advice out of funds appropriated to the School Board.
5. Recognized Reasons to Share Legal Services. Both the City Council and the
School Board have recognized that the reasons for sharing services of the City Attorney's Office
include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and
School Board matters, institutional memory, and the ability of the City Attorney's Office to
provide a wide range of legal services to the School Board based on the expertise of the attorneys
in numerous specialized areas of the law.
6. Professional Judgment of City Attorney. The Virginia Rules of Professional
Conduct for the Legal Profession require the independent professional judgment of the Office of
the City Attorney on behalf of its clients.
7. Potential Ethical Conflicts. The City Council and the School Board recognize
that the potential for conflicting interests between the City Council and School Board may arise
and that, in such cases, the City Attorney must refrain from representation of interests which may
conflict.
8. Identification of Conflicts. The City Council and the School Board also recognize
that they must work together and with the City Attorney to identify any real or perceived potential
for conflict at the earliest possible time, advise each other and the City Attorney of any such
conflict as soon as it arises so as not to compromise the interests of the City Council or the School
Board, and assist the City Attorney in avoiding any violation or appearance of violation of the
Code of Professional Responsibility.
9. Continuation of Services. The City Council and the School Board further
recognize that it remains in the best interest of the taxpayers of the City for the School Board to
continue to use the legal services of the Office of the City Attorney to the extent that no real or
perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle
assigned legal business of the School Board.
Objectives:
The objective of this Cooperative Agreement is to define the scope and nature of the
relationship between the City Attorney's Office and the School Board, to provide for the delivery
of designated legal services to the School Board, and to avoid any real or perceived conflict in the
delivery of those services.
Agreement:
NOW, THEREFORE, the City Council and the School Board hereby agree as follows:
1. Legal Staffmg. The Office of the City Attorney will provide the following staffing
during FY 2020 to serve as in house counsel under this Agreement. The services to be provided
as follows:
A. The City Attorney will assign three attorneys on-site at the School
Administration Building for provision of legal services to the School Board and the
School Administration. As determined by the City Attorney, the attorneys will
devote substantially all of their time to the provision of legal services to the School
Board and School Administration. For the term of this Agreement,those attorneys
will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor,
Associate City Attorney, and Matthew R. Simmons,Associate City Attorney. The
City Attorney reserves the right to reassign attorneys to meet the legal needs of the
School Board and School Administration in accordance paragraph 1D.
B. The City Attorney will dedicate one paralegal, Anna Cleveland, and one
office assistant, to be hired after July 1, 2019, on-site at the School Administration
Building who will devote substantially all of his/her time to the support of legal
services to the School Board and School Administration.
C. The City Attorney will be provide legal assistance from the other attorneys
and staff members in the Office based upon their various areas of expertise with
school-related legal issues, student services, real estate matters, human resources
and employee benefits matters, contracts, general administrative and procedural
issues, litigation, and other legal matters. Attorneys assigned to handle School
Board matters will remain on-call to handle legal matters throughout the week. The
City Attorney's Office will endeavor to handle as many legal matters in-house as it
is capable of handling subject to the provisions of this Agreement.
D. During the term of this Agreement, and subject to reassignment in the
judgment of the City Attorney, the selection of the assigned attorneys shall be mutually
agreed upon by the City Attorney and the School Board. Additionally, if a majority of the
Members of the School Board expresses dissatisfaction with the legal services provided by
the assigned attorney, or by any other attorney providing services to the School Board, the
City Attorney will meet with the School Board to discuss and evaluate its concerns.
Furthermore,if the School Board and the City Attorney agree that the most reasonable way
to address the School Board's concerns is to assign another attorney or other attorneys to
represent the School Board, the City Attorney will use his best efforts to make such an
assignment(s) as soon as possible.
2. Communication and Reports. Throughout the term of this Agreement,the Office
of the City Attorney will maintain an open line of communication with the School Board and the
Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal
matters being handled on behalf of the School Board and School Administration; provided,
however, that the Office of the City Attorney shall not communicate with the Superintendent
concerning those matters being handled on a confidential basis for the School Board or for
individual School Board Members in accordance with applicable School Board policies and
applicable provisions of the Superintendent's contract. Additionally, the Office of the City
Attorney will provide the Superintendent and the School Board an annual report of the legal
services and attorney hours provided pursuant to this Agreement and, upon request of the School
Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney
hours expended in response to inquiries from individual School Board Members.
3. Management of Legal Affairs. The City Council and the School Board recognize
and understand that the School Board shall be responsible for the management of its legal matters;
that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the
chief legal advisor of the School Board and the School Administration, and shall assist the School
Board and School Administration in the management of the School Board's legal matters; and that
the City Attorney or his designee shall report to the School Board concerning those matters he has
been assigned by the School Board to manage and/or handle on its behalf
4. Ethical Conflicts Concerning Representation of Parties. The City Council and
the School Board recognize the potential for real or perceived conflicts in the provision of legal
services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues
as they arise. Additionally, the City Council and the School Board understand that in such cases,
the City Attorney will refrain from participation on behalf of the School Board but, to the extent
ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will
continue representation of the City Council.
5. Ability to Provide Legal Services. The City Council and the School Board further
recognize that the ability of the City Attorney's Office to provide legal services to the School
Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions
of this Agreement, and ethical constraints as they may arise.
6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a
contract to be enforced by either party but is rather an agreement setting forth the understanding
of the parties regarding the parameters within which the Office of the City Attorney will provide
legal services to the School Board and School Administration.
7. Payment for Services. The City shall forward to the School Board IDT requests
in the amount of $633,026.53 from its FY 2020 Operating Budget to the FY 2020 Operating
Budget of the Office of the City Attorney to fund the annual salaries,benefits,organizational dues,
and certain administrative costs of attorneys and staff members assigned to handle matters under
this Agreement. IDT requests of 50% of the total shall be made by the City and funds transferred
by the School Board on or about September first and February first.
8. Term and Termination of Agreement. This Cooperative Agreement shall
commence with the fiscal year of the parties which begins July 1, 2019 and ends June 30, 2020,
and may be revised, as necessary, and renewed each fiscal year thereafter;provided,however,that
each party shall give the other party notice of any intention to revise or not to renew the Agreement
within one hundred twenty(120) days of the date of expiration of this Agreement, or any renewal
hereof, in order that the other party will have the opportunity to make appropriate budget and
staffing adjustments.
The parties hereby agree to the terms set forth above.
SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH
By: 4/Gcf,�}},'A. aka
Beverly M. Anderson, Chairwoman
School Board of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the School Board of the
City of Virginia Beach, Virginia on '3 wiz 25 , 2019.
By: /L c�
School Board Clerk
CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH
By:
Robert Dyer, Mayor
City Council of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the City Council of the
City of Virginia Beach, Virginia on , 2019.
By:
City Clerk
EXHIBIT A
SCHOOL FUNDING FY 2019/2020
SALARY& BENEFITS
Account Full Attorney
Account Description Funding
601111 Salaries-Deputy Atty $ 153,910.01
Salaries-Associate Atty $ 94,929.74
Salaries-Associate Atty $ 88,172.88
Salaries-Half IIR Atty $ 61,162.00
Salaries-Paralegal $ 50,496.36
Salaries-Office Assistant $ 28,334.37
Total Salaries $ 477,005.36
602101 FICA -Deputy Atty $ 8,184.00
FICA-Associate Atty $ 5,714.22
FICA-Associate Atty $ 5,466.72
FICA-Half HR Atty $ 1,896.00
FICA-Paralegal $ 3,130.77
FICA-Office Assistant $ 1,756.73
Total FICA $ 26,148.44
602104 Medicare(No Max)- Deputy Atty $ 2,231.70
Medicare(No Max)-Associate Atty $ 1,336.39
Medicare(No Max)-Associate Atty $ 1,278.51
Medicare(No Max)-Half HR Atty $ 443.50
Medicare(No Max)-Paralegal $ 732.20
Medicare(No Max)-Office Assistant $ 410.85
Total Medicare $ 6,433.15
602201 Retirement- Deputy Atty $ 28,242.49
Retirement-Associate Atty $ 15,068.94
Retirement-Associate Atty $ 14,416.27
Retirement-Half HR Attorney $ 4,446.50
Retirement-Paralegal $ 9,266.08
Retirement-Office Assistant $ 4,632.67
Total Retirement $ 76,072.95
602301 Health&Dental- Deputy Atty $ 6,521.00
Health&Dental-Associate Atty $ 6,521.00
Health&Dental-Associate Atty S 6,521.00
Health&Dental-Half HR Attorney $ 3,260.50
Health&Dental-Paralegal $ 6,521.00
Health&Dental-Office Assistant $ 6,521.00
Total Health&Dental $ 35,865.50
602302 Life Insurance- Deputy Atty $ 2,031.61
Life Insurance-Associate Atty $ 1,216.58
Life Insurance-Associate Atty $ 1,163.88
Life Insurance-Half HR Attorney $ 403.50
Life Insurance-Paralegal $ 666.55
Life Insurance-Office Assistant $ 374.01
Total Life Insurance $ 5,856.13
TOTAL SALARY&BENEFITS $ 621,381.53
See Page 2
EXHIBIT A
SCHOOL FUNDING FY 2019/2020
CITY ATTORNEY ADMINISTRATIVE COSTS
Account# Account Description Full Funding
650204 Dues&Association Membership
Total Dues&Association Fees $ 1,645.00
660201 Office Supplies $ 4,000.00
TOTAL ADMINISTRATIVE COSTS $ 5,645.00
TOTAL SCHOOL FUNDING NEEDED $ 633,026.53
FULL ATTORNEY $ 633,026.53
Hours of Legal Services 5,775.00
Average Cost per Hour $ 109.61
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CITY OF VIRGINIA BEACH
AGENDA ITEM .../
ITEM: An Ordinance to Accept and Appropriate State Funds for the Jail and Re-Entry
Service Coordination Pathway and to Authorize Twelve New Positions in the
Department of Human Services
MEETING DATE: July 9, 2019
• Background: 2019 Virginia Acts of Assembly c. 854 contained amendments to the
2018-20 biennium state budget that included $916,066 in state general funds to the Virginia
Beach Correctional Center in Fiscal Year 19-20 for the Jail and Re-entry Services
Coordination Pathway. This program is a new joint operation between the Virginia Beach
Department of Human Services (DHS) and the Virginia Beach Sheriff's Office (VBSO).
The VBSO and DHS have worked collaboratively to design a service delivery system with
the following goals:
• Reduce recidivism;
• Enhance safety of Jail inmates and staff;
• Improve behavioral health; and
• Provide seamless transition of services upon discharge.
In order to accomplish these objections, the Jail and Re-entry Services Coordination
Pathway will consist of diversion, screening, assessment, treatment, and re-entry services
for all incarcerated individuals at the Virginia Beach Correctional Center who have an active
mental illness or substance use disorder diagnosis.
The Pathway will consist of a number of initiatives above and beyond what is currently
provided within the Correctional Center's base medical offerings. For example, this program
will now enable more advanced tools in the screening of behavioral health including
integrated treatment, daily care coordination meetings, peer support and engagement
services, weekly face-to-face monitoring, and service provision during nights and weekends.
Further, re-entry planning will now be available for all people with behavioral health
disorders, rather than just the portion of the population afflicted with the most serious
conditions.
To provide these services, 12 new FTEs are required to staff the coordinated program.
These FTEs will be service providers and will administer a combination of jail-based
behavioral health screenings, care coordination, peer support, educational groups, and re-
entry planning as well as community-based crisis interventions aimed toward diversion from
incarceration. Funding for these new positions will come from the money appropriated
specifically to Virginia Beach from the Commonwealth General Fund through Item 395(L) of
Chapter 854 of the 2019 Virginia Acts of Assembly. Due to the nature of the work, these
FTEs will be placed in the Department of Human Services, but service delivery will occur at
the Virginia Beach Correctional Center.
• Considerations: This money has exclusively been appropriated for the VBSO to
coordinate with City of Virginia Beach to establish a Jail and Re-entry Services Coordination
Pathway. Funding in Chapter 854 of the 2019 Virginia Acts of Assembly was for FY 2020
only. Therefore, there is no guarantee of funding in future fiscal years, so the City may have
to provide funding for these activities should there be a desire to continue the program in
future fiscal years. Demographic information and outcome measures will be compiled
throughout the first year of this program to demonstrate its efficacy. The data will be provided
to the General Assembly to support the need of ongoing funding for the program. No
additional City funds are necessary to initiate this program.
This agenda request satisfies item number 21 of the City's FY 19-20 budget reconciliation
letter.
• Public Information: Normal Council Agenda process.
• Recommendations: Approval of Ordinance
• Attachments: Ordinance; 2019 Acts of Assembly, c.854 (Item 395(L))
Recommended Action: Approval
Submitting De. • . ' gency: Department of Human Service
City Manager: \
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS FOR THE JAIL AND RE-ENTRY SERVICE
3 COORDINATION PATHWAY AND TO AUTHORIZE
4 TWELVE NEW POSITIONS IN THE DEPARTMENT OF
5 HUMAN SERVICES
6
7 WHEREAS, Item 395(L) of Chapter 854 of the 2019 Virginia Acts of Assembly
8 appropriated $916,066 in the second year of the State's 2018-2020 Biennium for the
9 Virginia Beach Correctional Center for the Jail and Re-Entry Service Coordination
10 Pathway;
11
12 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA THAT:
14
15 1) $916,066 in revenue from the Commonwealth is hereby accepted, with estimated
16 revenues increased accordingly, and appropriated to the FY 2019-20 Operating
17 Budget of the Virginia Beach Department of Human Services. These funds are to
18 establish the Jail and Re-Entry Service Coordination Pathway.
19
20 2) 12 FTEs are hereby authorized for the Department of Human Services to carry out
21 the functions of the Jail and Re-Entry Service Coordination Pathway. Funds
22 appropriated to the FY 2019-20 Operating Budget of the Department of Human
23 Services in section 1 , supra, are to fund the FY 2019-20 costs of these positions.
24
25 3) Positions funded with this revenue from the Commonwealth in FY 2019-20 are not
26 guaranteed to be maintained in future years by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2019.
Requires an affirmative vote by a majority of all of the members of City Council,
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
r VAudget & Management Services —City Attorney's Office
CA14784
R-1
June 25, 2019
458
Item Details(S) Appropriations($)
ITEM 395. First Year Second Year First Year Second\'ear
FY2019 FY2020 FY2019 FY2020
11.Included in the appropriation for this item is$2,500,000 the first year and$2,500,000 the
second year from the general fund to continue the pilot programs authorized in Item 398,
Chapter 836,2017 Acts of Assembly. The number of pilot sites shall not be expanded beyond
those participating in the pilot program the first year.
2. The funding provided to each pilot site shall supplement, not supplant, existing local
spending on these services.Distribution of grant amounts shall be made quarterly pursuant to
the conditions of paragraph 13.of this item.
3. The Department shall collect on a quarterly basis qualitative and quantitative data of pilot
site performance, to include: (i) mental health screenings and assessments provided to
inmates, (ii)mental health treatment plans and services provided to inmates, (iii)jail safety
incidents involving inmates and jail staff, (iv)the provision of appropriate services after
release, (v)the number of inmates re-arrested or re-incarcerated within 90 days after release
following a positive identification for mental health disorders in jail or the receipt of mental
health treatment within the facility. The Department shall provide a report on its findings to
the Chairmen of the House Appropriations and Senate Finance Committees no later than
October 15th each year.
4. The Department of Criminal Justice Services, in cooperation with the Executive Secretary
of the Compensation Board and the Board of Corrections, shall evaluate the resources
needed by local and regional jails to comply with the minimum standards of behavioral health
services to be established by the Board of Corrections pursuant to House Bill 1942 of the
2019 Session of the General Assembly. The evaluation shall include consideration of the
appropriate share of resources for minimum standards of care to be provided by the
Commonwealth and local governments, respectively. The evaluation shall also consider the
appropriate mechanism by which any such Commonwealth funds be provided. The
Department shall report the findings of its evaluation to the Chairmen of the House
Appropriations and Senate Finance Committees by June 30, 2020.
K.Included in the appropriations for this Item is$100,000 each year from the general fund for
the Department of Criminal Justice Services to make competitive grants to nonprofit
organizations to support services for law enforcement, including post critical incident
seminars and peer-supported critical incident stress management programs to promote officer
safety and wellness,under guidelines to be established by the Department.The Department
shall evaluate the effectiveness of the program and report on its findings to the Secretary of
Public Safety and Homeland Security,the Director of the Department of Planning and
Budget,and the Chairmen of the House Appropriations and Senate Finance Committees by
July 1,2020.
L.Included in the appropriation for this item is$916,066 in the second year from the general
fund for the Virginia Beach Correctional Center for the Jail and Re-entry Service
Coordination Pathway,which is a joint operation between the Virginia Beach Department of
Human Services and the Virginia Beach Sheriffs Office. The program consists of diversion,
screening,assessment, treatment, and re-entry services for all incarcerated individuals with
an active mental illness or substance use disorder diagnosis.
396. Regulation of Professions and Occupations(56000) $3,319,556 $3,319,556
Towing Licensing Oversight Services(56035) $573,743 $573,743
Licensure, Certification, and Registration of
Professions and Occupations(56046) $1,329,160 $1,329,160
Enforcement of Licensing,Regulating and Certifying
Professions and Occupations(56047) $1,416,653 $1,416,653
Fund Sources:Special $3,319,556 $3,319,556
Authority:Title 9.1,Chapter 1,Article 4,§§9.1-141,9.1-139,9.1-143,and 9.1-149,Code of
Virginia.
397. Financial Assistance to Localities-General(72800) $184,548,683 $191,746,081
Financial Assistance to Localities Operating Police
Departments(72813) $184,548,683 $191,746,081
Fund Sources:General $184,548,683 $191,746,081
J. PLANNING
1. H & S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a
Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6—
BEACH (Deferred from August 7, 2018)
RECOMMENDATION: APPROVAL
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NOTICE OF PUBLIC HEARING
The regular meeting of the City
Council of the City of Virginia Beach
will be held in the Council Chamber of
the City Hall Building, Municipal
Center, Virginia Beach, Virginia, on
Tuesday,Juy9,2019 at 6:00 p.m.,at
which time the following applications
will be heard:
H&S Development Group, LLC
[Applicant]Columbia Club of Virginia
Beach [Owner] Conditional Use
Permit(Communication Tower)1236
Prosperity Road(GPIN 2415894392)
COUNCIL DISTRICT-BEACH
All interested parties are invited to
attend.
Amanda Barnes,MMC
City Clerk
Copies of the proposed ordinances,
resolutions and amendments are on
file and may be examined in the
Department of Planning or online at:
htto://www.vbgov.com/oc.
For information call 385-4621.
If you are physically disabled or
visually Impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing impaired call 711
(Virginia Relay-Telephone Device for
the Deaf).
BEACON:JUNE 23&30,2019-1
TIME EACH.
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: H&S DEVELOPMENT GROUP, LLC [Applicant] COLUMBIA CLUB OF
VIRGINIA BEACH [Property Owner] Conditional Use Permit
(Communication Tower) for the property located at 1236 Prosperity Road
(GPIN 2415894392), COUNCIL DISTRICT — BEACH.
MEETING DATE: July 9, 2019
• Background:
In 1978, a fraternal organization (the Benevolent and Protective Order of Elks)
developed the 4.10 acre site with a building and parking lot. The applicant is
requesting a Conditional Use Permit to construct a Communication Tower on the
rear of the parcel behind the existing Elks Lodge. As originally recommended for
approval by Staff and the Planning Commission at their public hearing on July 11 ,
2018, the tower was proposed to be 156 feet in height. Following the Planning
Commission hearing the application was put on hold for a year to address
concerns raised by the Navy regarding the height. As the FAA has jurisdiction,
they conducted an aeronautical study which has now been completed and they
have issued a letter of determination for a 135-foot tower. The application has
been revised to reflect a 135-foot high tower (with a three-foot lightening rod),
constructed as a steel, self-supported monopole with exterior-housed radio
equipment at its base. It will accommodate up to five sets of antennas. The tower
and supporting ground level apparatus will be enclosed within a chain-link fence.
• Considerations:
Careful consideration has been given to locating the facility out of view from the
right-of-way and away from any adjacent residential structures. A balloon test was
done and photo simulations depicted the view of the proposed tower from locations
surrounding the site. The photos indicate that only a small portion of the tower is
visible above the tree line. The proposed setback of the tower is approximately 86
feet from the nearest property line and over 535 feet from the nearest residential
dwelling. The applicant conducted public outreach with nearby civic leagues to
discuss details of the request.
The applicant has submitted the required Radio Frequency Emissions Report from
a licensed engineer indicating that the tower will meet or exceed industry
standards. The tower will be designed to accommodate future antennas to be
installed by other carriers. Further details pertaining to the request, as well as
Staff's evaluation, are provided in the attached Staff report. There were no
speakers in opposition at the Planning Commission public hearing.
H&S Development Group, LLC
Page 2 of 2
• Recommendations:
City Staff recommends approval of this request. The Planning Commission placed
this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to
recommend approval of this request.
1. The Communications Tower shall be located within the lease area and
developed substantially in conformance with the submitted plan package
entitled "Columbian Club 1236 Prosperity Road Virginia Beach, VA 23451,"
prepared by Allpro Consulting Group, Inc., and dated May 1 , 2018.
2. A full structural report shall be submitted during detailed site plan review.
3. A depiction of the location of required FCC hazard safety signage on the site
and sign diagrams shall be required during detailed site plan review.
4. The maximum height of the tower shall be 138-feet, inclusive of the lightning
rod.
5. As required by Section 202 of the City Zoning Ordinance, the applicant shall
obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal
Aviation Administration / Obstruction Evaluation Office (FAA/OE) and shall
submit a copy during detailed site plan review. No building permit shall be
issued until the tower is determined to be no hazard to air navigation.
6. In the event that the antennae on the tower are inactive for a period of two
years, the tower shall be removed at the applicant's expense.
• Attachments:
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Revised Site Plan and Elevation
FAA Determination Letter
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
-?0Submitting Depart - t/Agency: Planning Department
City Manager:
NiiBApplicant H & S Development Group, LLC Agenda Item
Property Owner Columbia Club of Virginia Beach
Public Hearing July 11, 2018
City Council Election District Beach
5
Virginia Beach
Request
Conditional Use Permit (Communication
Tower) 1
Staff Recommendation
Approval it '
w..,R`"4.V i
Staff Planner �„�� ;
Emily .1
4h.hlaftC.,
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Location »ateeom
1236 Prosperity Road
GPIN
2415894392 1
Site Size
GL-'4.,,,--.
4.10 Acres p°""",rR /
AICUZ /
Greater than 75 dB DNL
Watershed
Southern Rivers
Existing Land Use and Zoning District
Undeveloped /AG-2 Agricultural
a
1
Surrounding Land Uses and Zoning Districts
North 4t - s
pit' t ,, .. w
Single-family dwelling /AG-2 Agricultural ,1 ` ;� ,
South -` � �
Undeveloped /AG-2 Agricultural F.E
East
Undeveloped /AG-1 Agricultural t
West
Prosperity Road
°
Duplex dwellings /R-5D Residential :AS ," *
H &S Development Group, LLC
Agenda Item 5
Page 1
Background and Summary of Proposal
• In 1978, a fraternal organization (the Benevolent and Protective Order of Elks) developed the 4.10-acre site with a
building and parking lot. The applicant is requesting a Conditional Use Permit to construct a Communication Tower
on the rear of the parcel, behind the existing Elks Lodge.
• The applicant has submitted a coverage prediction report that supports the claim that those who live and work in
the surrounding area are experiencing network overload due to extensive customer use.
• There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to
address the network issue; therefore, the proposed tower is requested. The tower is designed to accommodate
additional providers for colocation of equipment.
• The tower is proposed as a steel,self-supported monopole with exterior-housed radio equipment at its base.The
tower itself will be 156 feet high, and a three-foot tall lightning rod is planned above, for a total height of 159 feet.
• The tower and supporting ground level apparatus will be located in a leased area of approximately 10,000 square
feet and will be enclosed with a chain-link fence with metal slats. In accordance with Section 232 (f) (3-4) of the
Zoning Ordinance, three distinct rows of vegetation around the fence will be planted to provide additional screening
of the ground equipment.
• A 15-foot wide access easement is proposed to provide vehicular access to the leased area.
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A rtl Zoning History
f . ', # Request
ti ;i7 1 SVR Approved 05/11/2010
y f •�f 2 MOD Approved 06/20/2017
+� ''� MOD Approved 02/25/2014
AG-1
CUP(Campground)Approved 05/12/1969
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Application Types
CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance
REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance
CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance
H &S Development Group, LLC
Agenda Item 5
Page 2
Evaluation and Recommendation
Staff finds this application fora Conditional Use Permit for the construction of this 160-foot monopole communication
tower acceptable. Careful consideration has been given to locating the facility out of view from the right-of-way and
away from any adjacent residential structures. As required by the Zoning Ordinance, the applicant performed a balloon
test and provided photo simulations depicting the view of the proposed tower from two locations surrounding the site.
The photos indicate that only a small portion of the tower is visible above the tree line. The proposed location for the
tower is setback nearly 86 feet from the nearest property line and over 535 feet from the nearest residential dwelling.
This exceeds the minimum required setback of 200 feet(125 percent of the tower height) from the nearest residential
or apartment structure. Likewise, the applicant has conducted public outreach and met with the nearby civic leagues
informing them of the application.
The applicant has submitted the required Radio Frequency Emissions Report from a licensed engineer indicating that the
tower will be designed to meet or exceed industry standards as defined by ANSI/EIA-222-G. A letter has also been
submitted from a professional engineer stating that the tower will be designed to accommodate future antennas to be
installed by other wireless carriers. As required per the Uniform Statewide Building Code,the application states that the
design of the tower will withstand wind gusts of up to 122 miles per hour. If the communications tower is approved, a
full structural report will be required during detailed site plan review.
Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section
232 of the Zoning Ordinance, Staff recommends approval of the application subject to the conditions listed below.
Recommended Conditions
1. The Communications Tower shall be located within the lease area and developed substantially in conformance
with the submitted plan package entitled "Columbian Club 1236 Prosperity Road Virginia Beach,VA 23451,"
prepared by Allpro Consulting Group, Inc.,and dated May 1, 2018.
2. A full structural report shall be submitted during detailed site plan review.
3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required
during detailed site plan review.
4. The maximum height of the tower shall be 160-feet, inclusive of the lightning rod.
5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No
Hazard (DNH) to Air Navigation from the Federal Aviation Administration /Obstruction Evaluation Office
(FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the
tower is determined to be no hazard to air navigation.
6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed
at the applicant's expense.
Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted
with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All
applicable permits required by the City Code,including those administered by the Department of Planning/DevelopmentServices
Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required
before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Departmentfor crime prevention
techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site.
H &S Development Group, LLC
Agenda Item 5
Page 3
Comprehensive Plan Recommendations
The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been
established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to
provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding
principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with
complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban
Area is ensured for now and the future. (p. 1.61)
Natural and Cultural Resources Impacts
The site is within the Southern Rivers Watershed. There are no known significant natural or cultural features associated
with this site.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
Prosperity Road No Counts Available 6,200 ADT (LOS 4"D") Existing Land Use 2- 96 ADT
9,900 ADT1(LOS4"E") Proposed Land Use 3-101ADT
1Average DailyTrips 2as defined by a similaruse 3as defined by an office use and the 4 LOS=Level of Service
such as an office building addition ofa communication tower
Public Utility Impacts
Water
The site is currently connected to City water.
Sewer
City sanitary sewer is not available.
H &S Development Group, LLC
Agenda Item 5
Page 4
Proposed Site Layout
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H &S Development Group, LLC
Agenda Item 5
Page 5
Proposed Lease Area
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H &S Development Group, LLC
Agenda Item 5
Page 6
Proposed Tower Elevation
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H &S Development Group, LLC
Agenda Item 5
Page 7
Proposed Landscape Plan
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H &S Development Group, LLC
Agenda Item 5
Page 8
Balloon Test Photos
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H &S Development Group, LLC
Agenda Item 5
Page 9
Site Photos
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H &S Development Group, LLC
Agenda Item 5
Page 10
Disclosure Statement
APPLICANT'S NAME H&S Development Group LLC
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property Disposition of City Modification of
by City Property Conditions or Proffers
Alternative Economic Development Nonconforming Use
Compliance,Special Investment Program Changes
Exce.tion for EDIP)
Board of Zoning Encroachment Request Rezoning
A• •eats
Certificate of Floodplain Variance
Appropriateness I Street Closure
Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board
Conditional Use Permit License Agreement Wetlands Board
•
The disclosures contained In this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law.
•
SECTION 1 / APPLICANT DISCLOSURE
FOR CrTY USC ONLY I At disclosures must be updated two{7)weeks prion to any i Page I of 7
Planntn Commission and City Council meetino that pertains to the application(s). I
APPLICANT NOTIFIED OF HEARING i DATE
(- NO CHANCES AS OF __.. DATE fe t' iqk1 Q.L IZ.LA-14
REVISIONS SUBMITTED DATE
H &S Development Group, LLC
Agenda Item 5
Page 11
Disclosure Statement
VB,
Virginia Beach
DCheck here if the APPLICANT IS NOT a corporation, partnership, firm,
business,or other unincorporated organization.
® Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name:H&S Development Group_LLC
If an LLC, list all member's names:
Jason Hamill
Bart Sinanis
If a CORPORATION, list the the names of all officers, directors, members,
trustees, etc.below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
See next page for information pertaining to footnotes1 and 2
• +
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
n Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm,
business,or other unincorporated organization.
Check here if the PROPERTY OWNER IS a corporation, partnership,firm,
business,or other unincorporated organization,AND THEN,complete the
following.
(A) List the Property Owner's name:Columbia Club of Virginia Beach,
If an LLC, list the member's
names:John Byzewski, President;Stuart Williams,Vice-President;
Page 2 of 7
H &S Development Group, LLC
Agenda Item 5
Page 12
Disclosure Statement
Nfi-3
Virgin°i
If a Corporation, list the names ofall officers, directors, members, trustees,
etc. below: (Attach list if necessary)
Jerry Johnson,Treasurer; Marcus Cook, Secretary
(B) List the businesses that have a parent-subsidiary I or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation."
See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary
relationship,that exists when(i)one business entity has a controlling ownership interest in the other
business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or
(iii) there is shared management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship include that the
same person or substantially the same person own or manage the two entities;there are common or
commingled funds or assets;the business entities share the use of the same offices or employees or
otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities." See State and Local Government Conflict of Interests Act,
Va.Code§ 2.2-3101.
SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subject of the
application or any.business operating or to be_operated on the Property. If the answer
to any item is YES, please identify the firm or individual providing the service: IF THE
OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION
SEPERATELY
Page 3 of 7
H &S Development Group, LLC
Agenda Item 5
Page 13
Disclosure Statement
71/4B
APPLICANT Virginia ch
YES LNO ( 1 T SERVICE 1 ( PROVIDER(useeaadd4tional sheets if
r I
n z Accounting and/or preparer of
` ' �' your tax return
C Architect/landscape Architect/ Allpro Consulting Group,Inc;9221
Land Planner Lyndon B.Johnson Freeway,DallasTX
Contract Purchaser(if other than
zithe Applicant)-identify purchaser
and purchaser's service providers
Any other pending or proposed
I 1 r( purchaser of the subject property
l_J I'\ (identify purchaser(s)and
purchaser's service providers)
Construction Contractors FCI Towers,Virginia Beach,VA
LJ [ i Engineers/Surveyors/Agents Allpro Consulting Group,Inc;9221 Ly
Financing(include current
C [Si mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
nn Legal Servkes
Real Estate Brokers/
Agents/Realtors for current and
u anticipated future sales of the
subject property
a
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
Inl an interest in the subject land or any proposed development
contingent on the subject public action?
If yes,what is the name of the official or employee and what is the nature of the
interest?
Page 4 of 7
H &S Development Group, LLC
Agenda Item 5
Page 14
Disclosure Statement
NB
OWNER Virginia Beach
YESr SERVICE 1 PROVIDER(use additional sheets if I
needed)
- (�( Accounting and/or preparer of 1
your tax return
Architect/Landscape Architect/
Land Planner
❑ ® Contract Purchaser(If other than
the Applicant)-identify purchaser
and purchaser's service providers
Any other pending or proposed
I�I ® purchaser of the subject property
I I �(identify purchaser(s)and
purchaser's service providers)
FiConstruction Contractors
• (^ Engineers/Surveyors/Agents
Financing(include current
mortgage holders and lenders
x selected or being considered to
provide financing for acquisition
or construction of the property)
• ® Legal Services
Real Estate Brokers/
f�l Agents/Realtors for current and
I I anticipated future sales of the
subject property
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
an interest in the subject land or any proposed development
- L/J contingent on the subject public action?
If yes,what is the name of the official or employee and what is the nature of the
interest?
Page 6 of 7
H &S Development Group, LLC
Agenda Item 5
Page 15
Disclosure Statement
Virginia Beach
CERTIFICATION: _
I certify that all of the information contained in this Disclosure Statement Form is
complete,true,and accurate.
I understand that, upon receipt of notification that the application has been
!scheduled for public hearing, I am responsible for updating the information
provided herein two weeks prior to the Planning Commission, Council, VBDA
meeting, or meeting of any public body or committee in connection with this
A. •l ication.
Jason Hamill 4-25-18
i it 1
• PRINT NAME -DATE
Ermo,; ► a,� ToNH M. . Z WSJ=. (p-S!8
Page 7 of 7
H &S Development Group, LLC
Agenda Item 5
Page 16
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Mail Processing Center Aeronautical Study No.
Federal Aviation Administration 2019-AEA-3688-OE
" Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 05/10/2019
Katie Kilborn
FCI Towers(KK)
2528 Horse Pasture Road
Virginia Beach, VA 23453
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Antenna Tower Columbian Club
Location: Norfolk, VA
Latitude: 36-47-47.87N NAD 83
Longitude: 75-59-10.83W
Heights: 10 feet site elevation(SE)
135 feet above ground level (AGL)
145 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are)met:
It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration,be e-filed any time the
project is abandoned or:
At least 10 days prior to start of construction(7460-2, Part 1)
X_Within 5 days after the construction reaches its greatest height(7460-2,Part 2)
See attachment for additional condition(s)or information.
Based on this evaluation,marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis,we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
This determination expires on 11/10/2020 unless:
(a) the construction is started(not necessarily completed) and FAA Form 7460-2,Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC)and an application for a construction permit has been filed, as required by the FCC,within
6 months of the date of this determination. In such case,the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
Page 1 of 7
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE.AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies)and power. Any changes in coordinates,heights, and frequencies or use of greater power,except
those frequencies specified in the Colo Void Clause Coalition;Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007,will void this determination. Any future construction or alteration, including
increase to heights,power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed,you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks,etc.,which may be
used during actual construction of the structure. However,this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State,or local government body.
A copy of this determination will be forwarded to the Federal Communications Commission(FCC)because the
structure is subject to their licensing authority.
If we can be of further assistance,please contact our office at(817)222-5933,or andrew.hollie@faa.gov. On
any future correspondence concerning this matter,please refer to Aeronautical Study Number 2019-AEA-3688-
OE.
Signature Control No: 400752786-405324944 (DNE)
Andrew Hollie
Specialist
Attachment(s)
Additional Information
Case Description
Frequency Data
Map(s)
cc: FCC
Page 2 of 7
Additional information for ASN 2019-AEA-3688-OE
The obstacle would become the controlling obstacle for Runway 32L PAR W/O Glideslope procedures at NAS
Oceana requiring an FAA flight inspection once the obstacle is constructed. As such, contact NAS Oceana at
(757)433-2373, 30 days prior to completion for scheduling of an FAA flight check.
Page 3 of 7
Case Description for ASN 2019-AEA-3688-OE
Proposed new construction. Please consider trees and terrain in area.
Page 4 of 7
Frequency Data for ASN 2019-AEA-3688-OE
LOW HIGH FREQUENCY ERP
FREQUENCY FREQUENCY UNIT ERP UNIT
6 7 GHz 55 dBW
6 7 GHz 42 dBW
10 11.7 GHz 55 dBW
10 11.7 GHz 42 dBW
17.7 19.7 GHz 55 dBW
17.7 19.7 GHz 42 dBW
21.2 23.6 GHz 55 dBW
21.2 23.6 GHz 42 dBW
614 698 MHz 1000 W
614 698 MHz 2000 W
698 806 MHz 1000 W
806 901 MHz 500 W
806 824 MHz 500 W
824 849 MHz 500 W
851 866 MHz 500 W
869 894 MHz 500 W
896 901 MHz 500 W
901 902 MHz 7 W
929 932 MHz 3500 W
930 931 MHz 3500 W
931 932 MHz 3500 W
932 932.5 MHz 17 dBW
935 940 MHz 1000 W
940 941 MHz 3500 W
1670 1675 MHz 500 W
1710 1755 MHz 500 W
1850 1910 MHz 1640 W
1850 1990 MHz 1640 W
1930 1990 MHz 1640 W
1990 2025 MHz 500 W
2110 2200 MHz 500 W
2305 2360 MHz 2000 W
2305 2310 MHz 2000 W
2345 2360 MHz 2000 W
2496 2690 MHz 500 W
Page 5 of 7
TOPO Map for ASN 2019-AEA-3688-OE
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Page 6 of 7
Sectional Map for ASN 2019-AEA-3688-OE
�.. ...
— NORFOLK INTL (OAF) .�: •• I"•
C CT - 120.8GAPE '
ATIS 127.15 'N/ 4' HENRY
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,7 FENTRESS.NALF (NFE) c. Bridge "1
I :
5. If at any time the existing landscaping in the rear of the site is removed or dies, the applicant
shall replace it with a Category IV landscape buffer with plant material as recommended in the
Virginia Beach Landscape Guide.
6. The canopy above the vacuums shall be a neutral or earth tone color with the exception of the
trim or support structure.
7. The hoses for the vacuum system shall be black in color.
8. A photometric plan(i.e. lighting plan) for the Property shall be submitted for review and
approval with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style,
material and color. All lighting fixtures shall be equipped with automatic photocell on/off and
include programmable dimming to dim the lumen output to 50% (or less). The
programmable/automatic dimming must be to the manufacturer's standards and, at a minimum,
reduce the lumen output by 50%. The lighting fixtures on the Property shall be dimmed by 50%
each day at 9:30 p.m. If approved by the Virginia Beach Police Department, light fixtures within
100 feet of a residential property shall be turned off daily at 10:00 p.m.
9. All light poles shall be no taller than 14 feet in height.
10. All light fixtures shall be shielded and angled away from the adjacent residential uses.
11. No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on
the site.
12. Only light vehicle repair work such as lighting,brakes and fluid replacement shall take place
on site. There shall be no engine repair, paint booth, or body work taking place on the site.
13. All vehicle repair shall take place within the building.
14. There shall be no pennants, streamers, air dancers or banners displayed on the site.
Item#5
H &S Development Group, LLC
Conditional Use Permit
1236 Prosperity Road
District-Beach
July 11,2018
CONSENT
13
Mr. Forehand: C. E. Forehand, representing H & S Development.
Ms. Rucinski: Okay, are the conditions acceptable?
Mr. Forehand: Yes maam.
Ms. Rucinski: Alright, thank you. The chair has asked Commissioner Jeff Hodgson to read this
into the record.
Mr. Hodgson: T hank you Jan. Mr. Chairman the applicant is requesting a Conditional Use Permit
to construct a Communication Tower on the rear of this parcel, which is behind the existing Elks
Lodge. The tower is proposed as a steel, self-supported monopole with exterior-housed radio
equipment at its base. The tower itself will be 156 feet high with a three-foot tall lightning rod on
top for a total height of 159 feet; a 15-foot wide access easement is provided proposed to provide
vehicular access to the leased area. Staff finds this application for Conditional Use Permit and the
construction of this tower acceptable. The commission agrees and we have placed it on our
Consent Agenda.
AYE 10 NAY 0 ABS 0 ABSENT 1
HODGSON AYE
HORSLEY AYE
INMAN AYE
KWASNY AYE
OLIVER ABSENT
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
THORNTON AYE
WALL AYE
WEINER AYE
Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven,
thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson
abstaining from item number 15.
CONDITIONS
1. The Communications Tower shall be located within the lease area and developed substantially
in conformance with the submitted plan package entitled "Columbian Club 1236 Prosperity Road
Virginia Beach, VA 23451,"prepared by Allpro Consulting Group, Inc., and dated May 1, 2018.
2. A full structural report shall be submitted during detailed site plan review.
14
3. A depiction of the location of required FCC hazard safety signage on the site and sign
diagrams shall be required during detailed site plan review.
4. The maximum height of the tower shall be 160-feet, inclusive of the lightning rod.
5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a
Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration
/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan
review. No building permit shall be issued until the tower is determined to be no hazard to air
navigation.
6. In the event that the antennae on the tower are inactive for a period of two years, the tower
shall be removed at the applicant's expense.
Item#6
Greenway Towing, LLC T/A Aristocrat Towing
Modification of Proffers and Modification of Conditions
1608 Washington Avenue
District-Beach
July 11,2018
CONSENT
Ms. Rucinski: Alright, thank you. Okay item number six, is Greenway Towing, LLC, trading as
Aristocrat Towing is an application for Modification of Proffers and a Modification of Conditions
for Bulk Storage Yard on property located at 1608 Washington Avenue, District Beach.
Ms. Bourdon: Thank you commissioner Rucinski.
Ms. Rucinski: Sorry I didn't mean to skip you.
Mr. Bourdon: That's okay. Chairman Thornton, members of Commission, for the record Eddie
Bourdon, Virginia Beach attorney representing both Greenway Towing and also 800 Block
Properties LC on this application. The six conditions as recommended by staff were acceptable
and appreciate the work of Jonathan Sanders and appreciate being on the consent agenda.
Ms. Rucinski: Thank you. The Chairman has asked Commissioner Jeff Hodgson to read that into
the record.
Mr. Hodgson: Thank you. Mr. Chairman, a Conditional Rezoning from A-12 to Conditional B-2
was approved in 2001. This Conditional Use Permit was for a Bulk Storage with a 10-year time
limit that expired in 2012 and they came back and had an additional five years of an extension on
a conditional use permit. It has since expired again and they are requesting an additional five years
for the same use. One thing that's important to note on this is condition six, this conditional use
permit is valid for five years from the date of City Council's approval or when one of the following
occurs prior to the end of the five-year term and one of them is the land use on the property at 853
15
K. APPOINTMENTS
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
-ELECTRICAL DIVISION
-NEW CONSTRUCTION DIVISION
-PLUMBING AND MECHANICAL DIVISION
COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
HISTORIC PRESERVATION COMMISSION
HOUSING ADVISORY BOARD
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
SOCIAL SERVICES BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
********************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*****************************
2019 CITY COUNCIL MEETINGS
Wednesday, July 10 Governance Special Session
Tuesday,August 6 Formal Session
Tuesday,August 13 Workshop
Tuesday,August 20 Formal Session
Tuesday,August 27 Workshop
7/1/19 pm
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:07/02/2019 PAGE: 1
AGENDA B
ITEM# SUBJECT MOTION VOTE E
R
A L H W W
B U E J R T I 0
B C DN 0 M 0 0 L W0
O C Y L NOUWS 0 T
THEE E S S E O O E
T I R Y S S ERNDN
CITY COUNCIL'S BRIEFINGS
A. OFFSHORE WIND Robert Crum,
OPPORTUNITIES FOR HAMPTON Executive Director—
ROADS Hampton Roads
Planning District
Committee(HRPDC)
B. MUNICIPAL CENTER FACILITIES Thomas Nicholas,
LONG-TERM FOLLOW-UP Facilities Engineer—
Public Works
C. INDEPENDENT CONSULTANT City Council
REVIEW OF MAY 31,2019 EVENT Discussion
D. GUNS IN THE WORKPLACE City Council
Discussion
II/III/IV/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y
V
A-E
F/G. MINUTES APPROVED 9-0 Y Y Y Y Y A Y Y A Y Y
INFORMAL/FORMAL SESSIONS B
June 18,2019 S
T
A
N
E
D
H. MAYOR'S PRESENTATION
PROCLAMATION Michael Kirschman,
PARKS AND RECREATION MONTH Director
1. Resolution to DIRECT the City Auditor ADOPTED 10-0 Y Y Y Y Y A Y Y Y Y Y
to engage an independent consultant re
conduct an independent review of the
May 31,2019 Tragedy
2. Resolution to URGE the General ADOPTED 10-0 Y Y Y Y Y A Y Y Y Y Y
Assembly to provide increased funding re
Mental Health Services
J. APPOINTMENTS: RESCHEDULED BYCON S ENS US
2040 VISION TO ACTION
COMMUNITY COALITION
BAYFRONT ADVISORY BOARD
BEACHES AND WATERWAYS
ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY
COMMITTEE
BOARD OF BUILDING CODE
APPEALS
—ELECTRICAL DIVISION
—NEW CONSTRUCTION DIVISION
—PLUMBING AND MECHANICAL
DIVISION
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:07/02/2019 PAGE: 2
AGENDA B
ITEM# SUBJECT MOTION VOTE E
R
A L H W W
B U E J R T I 0
B C DN 0 M 0 0 L W0
O C Y L NOUWS 0 T
THE EE S S E O O E
T I R Y S S ERNDN
COMMUNITY ORGANIZATION
GRANT REVIEW AND
ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
HISTORIC PRESERVATION
COMMISSION
HOUSING ADVISORY BOARD
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW
COMMITTEE
OPEN SPACE ADVISORY
COMMITTEE
PARKS AND RECREATION
COMMISSION
PUBLIC LIBRARY BOARD
SOCIAL SERVICES BOARD
ARTS AND HUMANITIES Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
COMMISSION Cheyney Cole
4 Year Term
7/1/2019-6/30/2023
BEACHES AND WATERWAYS Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
ADVISORY COMMISSION Michael Anderson
Michael Clark
3 Year Term
7/1/2019-6/30/2022
CLEAN COMMUNITY COMMISSION Appointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
Jennifer Mynes
Unexpired Term thru
3/31/2021
COMMUNITY ORGANIZATION Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
GRANT REVIEW AND ALLOCATION Edith Weiss
COMMITTEE 3 Year Term
9/1/2019-8/31/2022
DEVELOPMENT AUTHORITY Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
Joseph Strange
4 Year Term
9/1/2019-8/31/2023
EASTERN VIRGINIA MEDICAL Appointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
SCHOOL Phillip Hucles
3 Year Term
7/2/2019-6/30/2022
HISTORIC PRESERVATION Appointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
COMMISSION Michael Hucles
Unexpired Term thru
12/31/2020
INVESTIGATIVE REVIEW PANEL Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
Susan Mayo
3 Year Term
9/1/2019-8/31/2022
PARKS AND RECREATION Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
COMMISSION Jill Ewell
Garland Payne
3 Year Term
9/1/2019-8/31/2022
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:07/02/2019 PAGE. 3
AGENDA B
ITEM# SUBJECT MOTION VOTE E
R
A L H W W
B U E J R T 1 0
B CDN 0 M 0 0 L W 0
O C Y L NOUWS 0 T
THEEE S S E O O E
T I R Y S S ERNDN
PUBLIC LIBRARY BOARD Reappointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
Kelly Miller
Ryan Reyes
4 Year Term
9/1/2019-8/31/2023
VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
DEVELOPMENT CORPORATION Robert W.Remick
Unexpired Term thru
12/31/2024
WETLANDS BOARD Appointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
Benjamin McFarlane
5 Year Term
7/2/2019-8/31/2024
CITY COUNCIL LIAISONS Appointed: 10-0 Y Y Y Y Y A Y Y Y Y Y
SOCIAL SERVICES ADVISORY Michael Berlucchi
COMMITTEE
SOMETHING IN THE WATER Aaron Rouse
FESTIVAL Guy Tower
K/L/M. ADJOURNMENT 6:46 PM
OPEN DIALOGUE 4 SPEAKERS
6:59