OCTOBER 15, 2019 FORMAL SESSION MINUTES fl ` _ -wit
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VIRGINL4 BEACH CITY COUNCIL
Virginia Beach, Virginia
October 15, 2019
Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council
Conference Room, Tuesday, October 15, 2019, at 2:30 P.M
Mayor Dyer advised a Special Session will be held on November 13, 2019, at 6:00 P.M,for the briefing
on the Independent Investigation results.
Council Members Present:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
2
CITY COUNCIL DISCUSSION
SOUTHSIDE NETWORK AUTHORITY
REGIONAL BROADBAND
ITEM#69679
2:30 P.M.
Council Member Moss opened the discussion and read his prepared remarks and letter, dated September
24, 2019, (attached hereto and made a part of the record) regarding his concerns with the establishment
of a regional body and the proposed Articles of Incorporation. Council Member Moss then discussed his
recommended changes to the Comprehensive Agreement.
Mayor Dyer requested Mr. Leahy provide an update on the City Managers from the other Cities involved
(Chesapeake, Portsmouth, Suffolk and Norfolk). Mr. Leahy advised the new City Manager in Chesapeake
is due to start on November 4`h. Mr. Leahy also advised all Cities will hold public hearings between
October 15th and 22nd with voting will take place between October 16th and November 12`h.
Council Member Wilson asked Debra Bryan, Associate City Attorney, if there was concurrence between
the attorneys from the five cities on the language written in the Comprehensive Agreement.
Ms. Bryan advised there are two separate parts to consider, the Resolution to form the regional authority
and the Comprehensive Agreement. The Comprehensive Agreement is the initial draft of how the regional
body will do business together and the Resolution is the legal document to be discussed at the public hearing
tonight. The State Corporation requires a Resolution in order to form the Southside Network Authority
which provides the governing mechanism to revise the Comprehensive Agreement.
Council Member Moss recommended to extend the effective date of the Resolution from November 151h to
a date 60-90 days out to allow for public engagement.
Council Member Wilson advised this is an exciting time and opportunity to work within the region. Council
Member Wilson advised 30% of the design has been purchased, the remaining cost of$1-Million is
proposed to be paid with each city contributing$200,000. Council Member Wilson further advised there
will also be a cost savings in internet spending.
Council Member Moss expressed his concern in not having the business case information before being
asked to vote.
Council Member Abbott requested clarification on where the rules are established.
Ms. Bryan advised the Virginia Wireless Service Authorities Act defines the governing rules and the
Comprehensive Agreement was drafted mutually, between the five cities City Manager's and Council
Liaison's, to establish how to conduct business. Ms. Bryan advised the Comprehensive Agreement does
not have to be included, as without it, the regional body would follow the governance within the Virginia
Wireless Service Authorities Act.
October 15, 2019
3
CITY COUNCIL DISCUSSION
SOUTHSIDE NETWORK AUTHORITY
REGIONAL BROADBAND
ITEM#69679
(Continued)
Council Member Abbott requested to review the Virginia Wireless Service Authorities Act and Meeting
Minutes from the other cities.
Council Member Tower asked Ms. Bryan if Council Member Moss's recommended changes were in line
with the statute.
Ms. Bryan advised they were.
Council Member Berlucchi expressed his appreciation for the discussion and the staff who have helped
move this project forward as it will improve the access and delivery of technology to the all the citizens
within the region.
Council Member Wilson advised the vote for the Resolution is scheduled for November 12th, allowing time
to get information out to the public. Council Member Wilson asked Ms. Bryan when she sends information
out to the public to include links for the informative videos as well as the many benefits this project offers
such as:stormwater,public safety, transportation, schools, economic growth, and networking jobs.
Mayor Dyer expressed his appreciation for the discussion.
October 15, 2019
8
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JOHN MOSS PHONE. (757) 363-7745
COUNCILMAN AT—LARGE JDMOSS to)VBGOV.COM
I
September 24, 2019
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
The attached document provides tracked changes incorporating the feedback I provided to each of you
three weeks back, on the proposed Charter of Articles of Incorporation of the Wireless Service Authority.
A serious and robust discussion among City Council and engagement with the public is a must,for any
regional body we may looking to establish.
We have a duty not to surrender the sovereignty granted to the residents of Virginia Beach in their City
Charter(the City Charter is a covenant between the General Assembly and the residents of Virginia
Beach)to a regional body, without a public referendum.
We must preserve the ability of a future City Council to be able to unilaterally withdrawal from any
regional obligation we make. We have duty to make sure our residents have the right to engage and hold
a regional governing body accountable, as they have with their City Council. We have a duty to make
sure a regional body, of which we are a member, has the same obligations to Virginia Beach residents as
we do. For example, Virginia Beach residents should have the right to speak on agenda items at the
Authority's meetings prior to a vote on an item, the Authority should be obligated to hold public hearings
on their budget prior to its adoption. etc. Now is the time to establish the requisite accountability
measures.
Likewise, City Council needs a much better understanding of the funding allocation methodologies and
barriers, to ensure no Member municipality is subsidizing the infrastructure and operation costs incurred
within the geographical boundaries al another Member municipality for assets owned by the Authority.
Additionally, since the Authority is executing policy-making delegated powers, no non-elected person can
legitimately serve as a primary or alternate member of the Authority. We are granting powers, now
vested in City Council, as the people's elected governing body. In my judgment, we do not possess the
moral authority to further delegate the people's power as the sovereign we serve to a non-elected
alternate.
The establishment of an agreement to this proposed Charter is a political policy decision. The Mayors of
each joining community, not a non-elected City Manager, should be the Charter's signatories. The
people elect us, not a City Manager. Only City Council collectively and us individually are accountable
to the sovereign owners of the power we exercise in the people's name.
ii
4109 RiCHARDSON ROAD VIRGINIA BEACH VIRGINIA 23455
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Page 2
September 24, 2019
I invite you to review the attached, either in track changes or in a matter comfortable to you to provide
feedback Please share your feedback with Dana Harmeyer too, so he can provide an aggregated listing
of all comments received.
As always, I remain accessible at a mutually agreeable time to discuss in person or by phone. May God
bless us with wisdom and humility to preserve the liberty bestowed upon us by our Creator as a birth
right.
Warm regards.
I. _ ) L-
John D. Moss
1
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4
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
3:23 P.M.
Mayor Dyer welcomed Brian Solis, Assistant to Acting City Manager for Special Events. Mr. Solis
expressed his appreciation to City Council for their continued support:
SHARED MOBILITY SERVICES -
MOTORIZED SCOOTERS
NEW CONSIDERATIONS /
City Council
October 15,2019
//
Brian S.Solis,AICP
Assistant to the City Manager-Special Projects/
Here is an overview of Shared Mobility Services—Motorized Scooters New Considerations:
SHARED MOBILITY SERVICES—MOTORIZED SCOOTERS
NEW CONSIDERATIONS
i. Stakeholder Feedback and Community Engagement Survey
results
Il. City Code recommended changes
in. Scooter Franchise Request for Proposals Terms Highlights
iv. Direction on Recommended Next steps
October 15, 2019
5
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
There were fourteen (14)meetings held with approximately 315 stakeholders between July and September
2019:
STAKEHOLDER FEEDBACK
14 MEETINGS FROM MID-JULY—MID-SEPTEMBER 2019
315+/- STAKEHOLDERS
• Virginia Beach Hotel Association-General Meeting and Position from Board of Directors
• Resort Advisory Commission-Transportation,Parking,Pedestrian Committee(3x)
• Shore Drive Community Coalition
• Resort Advisory Commission
• Bayfront Advisory Commission(2x)
• Bikeways and Trails Advisory Commission
• Atlantic Avenue Association-General Meeting
• Virginia Beach Council of Civic Associations
• Beach District Community Meeting
• Central Business District Association Board of Directors
• Virginia Beach Restaurant Association Board of Directors
Surveys were distributed to citizens to receive input on the City's E-Scooter Policy and Use. The results,
with examples of selected survey questions, are on the next several slides:
Virginia Beach E-Scooter Policy and Use
Project Engagement
.R%c PAP-MOWS Rr5MN5E5 (OMMENiS NJBSCWOERS
8,603 5,803 129,381 2,456 1,288
Where should motorized scooters be prohibited?(Check all that apply) where do you th,nk motorized scooters could and should be permeted?ICheck ad that
apply
Ondl roadwaye with speedkmhs hsgher than 25m,Ns per hour 4306 sr 4reJ
SlJ9v EverywMre tirydea an allPeed etiFwt any C'Pnipnw arras yoo ieeuw Y.
ewe.at,
Boardwalk 3553
(5p%( OOer Marva we 0edu a_NONolk*OR Train 2270
65% Sldewalkt u,the Resort Ana 3330 sI
46ei On alroadwys*Rh speed knots of 2S mph or less 2115♦
School p.npertes a6S5Wank km.Owed lane.
aWean Center MO se
IBike paths parallel to the Boardwalk ]082
October 15, 2019
6
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
RATE THE FOLLOWING MEASURES E-SCOOTER COMPANIES CAN DO TO
ENSURE SAFE RIDER BEHAVIOR •
(ABSOLUTELY ESSENTIAL TO NOT IMPORTANT AT ALL ON A 10-POINT SCALE)
60
so JI
40
30
20
0
Provide education on lows Require safety and Rules of. Geofence so scooters do Regulate speed to be
and policies on safe rider Rood tutorials before each not work in prohibited compatible with bikes
behavior ride areas
■Not Important •Essential
Note: Remaining small%were in between Not Important and Essential
RATE THE FOLLOWING MEASURES E-SCOOTER COMPANIES CAN DO TO
ENSURE SAFE RIDER BEHAVIOR
(ABSOLUTELY ESSENTIAL TO NOT IMPORTANT AT ALL ON A 10-POINT SCALE)
70
60
5,0
40
30
20
10
o
Establish hotline and email Provide incentives to Coordinate designated Establish a local
contacts for reporting encourage good rider parking with transit apps management company
inappropriate behavior that is responsive all day,
riding/parking every day
•Not Important -•Essential
Note: Remaining small%were in between Not Important and Essential
October 15, 2019
7
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
RATE THE FOLLOWING MEASURES E-SCOOTER COMPANIES CAN DO TO
ENSURE SAFE RIDER BEHAVIOR
(ABSOLUTELY ESSENTIAL TO NOT IMPORTANT AT ALL ON A 10-POINT SCALE)
70
30
40
io
o
Require riders wear Require rider Brand scooters with Require scooters have Provide frequent and
helmets&provide insurance easily idenifiable front/rear fights through data on
photo as verification logos/markings scooter use to City
•Not Important •Essential
Note: Remaining small%were in between Not Important and Essential
RATE THE FOLLOWING REGULATIONS THE CITY SHOULD CONSIDER
ADOPTING TO FOSTER SAFE E-SCOOTER USE
(ABSOLUTELY ESSENTIAL TO NOT IMPORTANT AT ALL ON A 10-POINT SCALE)
so
ao
70
60
50
no
30
20
Provide new signage Limit one rider per scooter Limit total#of scooters in Limit#of scooter
regulating scooters City companies operating in
City
■Not Important ■Essential
Note: Remaining small%were in between Not Important and Essential
October 15, 2019
8
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
Open-ended: What other actions should be taken to create a safer environment while'
accommodating this new mobility mode of motorized scooters?
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Other Lengthier Terms Noted:
• Hold the companies more responsible/liable
• Create/designate e-scooter friendly areas
• Scooters are a good mobility alternative when used properly
Here are the City Code-Recommended Amendments:
City Code- Recommended Amendments
Apply to parking,riding or operating a bicycle,electric personal assistive mobility device,
electric power-assisted bicycle,motorized skateboard,motorized scooter or electric
powered utility cart.
• Retain the 8/20/19 City Code amendment-Prohibited motorized scooters on roadways
over 25 mph speed limits.
• Require scooter rentals to hold a license or permit to operate in the City.
General Assembly added a section to Title 46.2(effective Jan. 1,2020)that would allow
a person to offer scooter rentals without the need for a franchise(or license or permit)
unless there is an ordinance requiring such persons to be licensed.
• Limit of one rider per scooter-No more than one rider shall ride a motorized scooter at
a given time.
• Allow on Atlantic Avenue with 10 mph speed limit and other parking requirements
October 15, 2019
9
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
Requires State Code Amendment/ General Assembly
Legislative Item for Consideration -Also requires a City Code
Amendment
All riders shall be 16 years of age or older and have a drivers
permit or drivers license as evidence that they have been
educated and tested on the "rules of the road" to operate in
the public rights-of-way.
Here is an overview of the proposed Summary of Terms for Parking:
Motorized Scooter Franchise Request for Proposals Terms Highlights
• Parking Prohibited Areas-No device shall be parked in grass/landscaped area of public
right-of-way,including medians and areas between property lines and edge of curb or
roadway pavement
• Parking in the Resort Area -Maximum of eight(8)scooters parked in any one corral at
given time. Does not include bike racks.
• Parking City-wide-Maximum of four(4) scooters parked together within permitted areas
of public rights-of-way,except as described in Resort Area.
October 15, 2019
10
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
The next three(3)slides provide examples of parking corrals:
RESORT AREA TYPICAL CORRAL CONCEPT
ATLANTIC AVE&13TH STREET CONNECTOR PARK
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October 15, 2019
11
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
CITY-WIDE TYPICAL CORRAL CONCEPT
SALEM RD.&S.INDEPENDENCE BLVD.INTERSECTION
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Here is an overview of the proposed Summary of Terms for Franchise License Quantity and Inventory
Limits:
Motorized Scooter Franchise Request for Proposals Terms Highlights
Scooter Franchise License Quantity-Up to four(4) based on first come-first serve and
responses and demonstrated ability to meet franchise license criteria
Scooter Inventory Limits City-wide-A maximum of 1,000 scooters,up to 250 scooters per
licensee,within City of Virginia Beach at any given time. Companies may apply for more
than 250/limit if there are less than four responsive proposals to RFP.
Scooter Inventory Limits in Designated Pedestrian Zones-Of the total City-wide scooter
limit,a maximum of 40%of scooters,or up to 400 scooters per licensee,permitted to be
parked or rented at any given time in Resort Area
Pedestrian Zones-Geofenced prohibited scooter parking or riding
• Mount Trashmore Park
• Shore Drive Corridor
• Town Center
October 15, 2019
12
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
Here is a map depicting the Recommended Geo-fenced Areas at the Resort SGA and Shore Drive
Corridor:
IP Recommended Geo-fenced Areas
..* Shore Drive Corridor
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Additional Geo-fencing Recommendations
• Town Center
• Mount Trashmore Park
Here is an overview of the proposed Summary of Terms for Fees:
Motorized Scooter Franchise Request for Proposals Terms Highlights
Scooter Franchise Annual License Fees-Required at time of signed franchise license
agreement and prior to renting scooters in the City of Virginia Beach.$100/scooter
Funding from the Scooter Franchise License Annual Fee shall be directed to an account in 111
the General Fund to reimburse Police,Public Works and other City departments for
managing shared mobility services that operate on public property/rights-of-way.
Scooter Franchise Use Fee-Required to be paid to the City Treasurer at end of each
month and no later than the 7th day for the following month.$.50/scooter/day
Revenue from the Scooter Franchise Use Fee shall be directed to a City of Virginia Beach
capital improvement program project to improve bikeways and trails infrastructure in the
City.
Initial franchise is a one-time,start-up fee-One tier to operate in the Resort,and lower tier
fee if proposed franchisee does not intend to operate in Resort. Funds new/consolidated
signage and new parking corrals.$10,000/Resort operator or$5,000 elsewhere in City
October 15, 2019
13
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
Here is an overview of the proposed Summary of Terms for Damages, Inventory Replacement and Speed
Limits:
Motorized Scooter Franchise Request for Proposals Terms Highlights
Violations/Liquidated Damages-Franchise may be revoked for cause,with details in franchise
agreement.
Inventory Replacement
When the franchise company introduces a new model of scooters that improve rider safety
and experience,the company's inventory of scooters shall be completely replaced in City
within 30 days of that company's press release introducing the scooter into market
Speed limits on Motorized Scooter
a.Motorized scooters shall be limited to 15 mph where they are permitted except for additional
limits as follows:
b.No greater than 10 mph on Atlantic Avenue (entire length-Rudee Inlet to 40th Street)
Here is an overview of the proposed Summary of Terms for Maintenance, Management, Safety and
Staffing Plans:
Motorized Scooter Franchise Request for Proposals Terms Highlights
Maintenance Plan-Describe the maintenance plan for scooter inventory in the City.
Management Plan-Describe approach to managing motorized scooter inventory and
use
Safety Plan-Describe approach and tools for ensuring safe rider behavior including
safety features of devices;impaired riding prevention;enforcement of existing
franchisee user policies
Staffing Plan-Describe proposed staffing plan regarding the amount of full and part
time staff;location of staff in proximity to City of Virginia Beach to implement
Management Plan
October 15, 2019
14
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
Here is an overview of the proposed Summary of Terms for Data Sharing, Education Plan and Special
Events:
Motorized Scooter Franchise Request for Proposals Terms Highlights
Data Sharing Requirements-Franchisee shall make available real-time and archival
information for their entire Shared Mobility Device fleet within the City.
Education Plan-Describe the education program in terms of educating riders/potential
riders on City regulations;franchisee user polices;"Rules of the Road";frequency, location
examples and curriculum
Provisions for Special Events-Upon notice by the City motorized scooters may be
prohibited within defined geographic areas that have obtained a special event permit.
The City shall determine the geofenced area in order to prevent conflict with road closures
or higher than usual pedestrian traffic.
Here is an overview of the proposed Summary of Terms for Insurance:
I1111111
Motorized Scooter Franchise Request for Proposals Terms Highlights
Insurance Requirements- Franchisee agrees to secure and maintain in full force and effect'
at all times during the term of this Agreement,the following policies of insurance:
1.Workers'Compensation Insurance of not less than$500,000,as required under Virginia Code Title
65.2.
2.Comprehensive General Liability Insurance,including contractual liability and products and
completed operations liability coverages,in an amount not less than$1,000,000 per occurrence and a
$5,000,000 aggregate policy. Such insurance shall name the City of Virginia Beach as an additional
insured.
3.Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount
not less than$2,000,000 combined single limit;or,Bodily Injury$1,000,000 each person,$2,000,000
accident,and Property Damage$100,000 each accident. Such insurance must cover liability arising
from any motor vehicle as defined by Commonwealth of Virginia laws and must include coverage for
owned,hired and non-owned motor vehicles,as well as uninsured and underinsured motorists.
The liability insurance shall cover liability that includes users of the scooters.
October 15, 2019
15
CITY MANAGER'S BRIEFINGS
SHARED MOBILITY SERVICES
MOTORIZED SCOOTERS
ITEM#69680
(Continued)
The City would procure services to monitor scooter inventory by day, time and geographic area to assist
in managing:
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Here is an overview on Direction on Recommended Next Steps:
DIRECTION ON RECOMMENDED NEXT STEPS
► Issue the Scooter Franchise Request for Proposals and Accept Submittals
Illik
► Late October through late November 2019
► City Code Changes by City Council =
► Schedule items for hearing and action at November and/or December 2019 public
meetings
► Evaluate proposals and determine potential franchise agreements
► First week of December 2019
► Execute scooter franchise license agreements
► December 2019-January 2020
► Set up franchise license management and enforcement in City
Early January-end of February 2020
► Franchise licenses effective March 1,2020
Mayor Dyer expressed his appreciation to Mr. Solis for the presentation.
October 15, 2019
16
CITY MANAGER'S BRIEFINGS
FY2019 SMALL WOMAN AND MINORITY(SWaM)PROGRAM UPDATE
ITEM#69681
4:49 P.M.
This presentation was postponed due to time constraints
October 15, 2019
17
CITY COUNCIL COMMENTS
ITEM#69682
4:50 P.M.
Mayor Dyer advised the following Special Sessions will be held:
October 22, 2019: (Following the Workshop Session) to convene into Closed Session to
discuss the Dome Site Project.
October 29, 2019: (6;00 P.M)for the Dome Site public briefing followed with Closed
Session to discuss the City Manager RFP recruitment status.
November 13, 2019: (6:00 P.M) for the City Council's Briefing on the Independent
Investigation results.
October 15, 2019
18
CITY COUNCIL COMMENTS
ITEM#69683
(Continued)
Council Member Wilson advised the Police Department held their first Citizens Academy on October 14,
2019,for the Spanish speaking citizens in the community. There were approximately fifty (50)people in
attendance and was a great public engagement for the Police and Community.
October 15, 2019
19
CITY COUNCIL COMMENTS
ITEM#69684
(Continued)
Council Member Rouse distributed a proposed Ordinance regarding sheltered biddingfor construction and
goods/services initiative to reach the 12%aspiration goal set following the results of the Disparity Study,
attached hereto and made a part of the record. Council Member Rouse advised the Ordinance will not be
brought forward for a vote until next February to allow Council Members time to provide feedback and
recommendations.
October 15, 2019
REQUESTED BY COUNCILMEMBER ROUSE
1 AN ORDINANCE TO ADD CITY CODE SECTIONS
2 2-224.12 AND 2-224.13 TO FURTHER THE CITY'S
3 ENHANCEMENT PROGRAM FOR SMALL
4 BUSINESSES, INCLUDING MINORITY-OWNED,
5 SERVICE DISABLED VETERAN-OWNED AND
6 WOMAN-OWNED BUSINESSES
7
8 SECTIONS ADDED: §§ 2-224.12 & 2-224.13
9
10 WHEREAS, in 1995, in furtherance of the City Council's commitment to
11 the City's established policy of equal opportunity and nondiscrimination in City
12 procurement, City Council enacted City Code provisions to help ensure that
13 small, minority-owned, and woman-owned ("SWaM") businesses are made
14 aware of City contracting opportunities and are encouraged to compete for City
15 contracts;
16
17 WHEREAS, also in 1995, City Council created the region's first and, with
18 the possible exception of Hampton, only Minority Business Council ("MBC") to (1)
19 advise City Council and the City Manager on policy issues including the City's
20 efforts to encourage the participation of minority-owned businesses and small
21 and woman-owned businesses; (2) conduct educational and training programs to
22 promote the involvement of such businesses in City procurements; (3) serve as a
23 forum for the development of awareness of such businesses in City
24 procurements; and (4) provide annual reports to City Council on the City's
25 progress in achieving greater participation of such businesses in City contracts;
26
27 WHEREAS, since that time, the volunteer members of the MBC have
28 worked vigilantly and tirelessly with City staff to develop and implement a variety
29 of initiatives to increase minority participation in City procurement, with positive
30 results;
31
32 WHEREAS, the City completed a Disparity Study, and the results were
33 provided to City Council in January of 2019;
34
35 WHEREAS, the Council has subsequently increased its aspirational goal
36 for minority contracting to 12% to align with the results of the Disparity Study;
37
38 WHEREAS, at the oral presentation of the findings of the Disparity Study,
39 Sameer Bawa of BBC Consulting recommended that the City that review a
40 sheltered bidding program for small construction contracts and small goods and
41 services contracts;
42
43 WHEREAS, the Virginia Code provides authority for the City to enact a
44 small business enhancement program;
1
45
46 WHEREAS, a small business enhancement program would enhance small
47 businesses including minority, woman, and service disabled veteran owned
48 businesses, and also likely would be beneficial to locally owned businesses;
49
50 WHEREAS, the proposed addition to the small business enhancement
51 program will allow the City's efforts to be targeted to prime contracting in addition
52 to the current subcontractor program; and
53
54 WHEREAS, the City's MBC endorsed the sheltered bidding program that
55 is set forth herein.
56
57 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
58 OF VIRGINIA BEACH, VIRGINIA:
59
60 1. That the City Council finds there is a rational basis to enhance the
61 participation of SWaM-certified small businesses, including woman and minority-
62 owned businesses, in City procurement processes, and that rational basis is
63 supported by the results of the Disparity Study completed in January 2019; and
64
65 2. That in furtherance of the above-stated desire and intent of the City
66 Council, the following sections of the Code of the City of Virginia Beach shall be
67 added as follows:
68
69 Chapter 2. ADMINISTRATION
70
71 ARTICLE VI. FINANCE
72 . . . .
73
74
75 Section 2-224.12. — Sheltered Bidding — Construction.
76
77 (a) For a solicitation to purchase construction with an expected value of not
78 more than five hundred thousand dollars ($500,000) nor less than twenty-
79 five thousand dollars ($25,000), the Purchasing Agent shall review the
80 anticipated scope of work to make a determination as to whether there are
81 at least three SWaM-certified small businesses willing and able to
82 participate in the procurement solicitation. If the Purchasing Agent finds
83 there are at least three SWaM-certified small businesses willing and able,
84 the Purchasing Agent shall document this finding in writing in the bid file.
85
86 (b) If the finding described in subsection (a) has been made, the invitation to
87 bid shall limit the bidding to SWaM-certified small businesses. In addition
88 to the customary notification methods, the invitation to bid shall be sent to
89 the list of SWaM-certified small businesses maintained by the Purchasing
90 Division for the relevant contracting classification or trade group. If such
2
91 invitation to bid results in less than two responsive bids, the Purchasing
92 Agent shall cancel the invitation to bid and repeat the bidding process
93 without the SWaM-certified small business limitation.
94
95 (c) The requirements of this section shall not apply to emergency
96 procurements.
97
98 Section 2-224.13. — Sheltered Bidding — Goods and Services.
99
100 (a) For a solicitation to purchase of goods or nonprofessional services with an
101 expected value of not more than one hundred thousand dollars ($100,000)
102 nor less than ten thousand dollars ($10,000), the Purchasing Agent shall
103 review the anticipated scope of work to make a determination as to
104 whether there are at least three SWaM-certified small businesses willing
105 and able to participate in the procurement solicitation. If the Purchasing
106 Agent finds there are at least three SWaM-certified small businesses
107 willing and able, the Purchasing Agent shall document this finding in
108 writing in the bid file.
109
110 (b) If the finding described in subsection (a) has been made, the invitation to
111 bid or request for proposals shall limit the bidding to SWaM-certified small
112 businesses. In addition to the customary notification methods, the
113 invitation to bid shall be sent to the list of SWaM-certified small businesses
114 maintained by the Purchasing Division for the relevant vendor type. If
115 such invitation to bid or request for proposals results in less than two
116 responsive bids, the Purchasing Agent shall cancel the invitation to bid or
117 request for proposals and repeat the bidding process without the SWaM-
118 certified small business limitation.
119
120 (c) The requirements of this section shall not apply to emergency
121 procurements or cooperative procurements.
122
123 3. The implementation of this ordinance may be delayed to allow the
124 Finance Department to complete the implementation of a new financial or ERP
125 system, which is intended to be completed in Fiscal Year 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Finance Department City Attorney's Office
CA13911
R-5
October 8, 2019
3
20
CITY COUNCIL COMMENTS
ITEM#69685
(Continued)
Council Member Berlucchi advised he attended the Human Rights Commission(HRC)251h Annual Awards
dinner on October 10, 2019. Council Member Berlucchi advised the HRC honored several citizens who
have made significant human and civil rights contributions for citizens in the City. Council Member
Berlucchi advised it was a wonderful evening and expressed how much he values the work of HRC.
October 15, 2019
21
AGENDA REVIEW SESSION
ITEM#69686
5:05P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Resolution to ADOPT the City's 2020 Legislative Agenda
2. Ordinance to APPROVE and ADOPT a City Council Policy re Council Member sponsored
forums and events(Requested by Mayor Dyer and Vice Mayor Wood)
3. Resolution to SUPPORT the Ignite Seminar Series and Disparity Forum and TRANSFER
$10,000 from General Fund Reserve for Contingencies re offset expenses (Requested by Council
Member Wooten)
4. Resolution to DECLARE the proposed location of Twenty Seven Atlantic a Revitalization Area re
qualify for Virginia Housing Development Authority Funding
5. Ordinance to REVISE the 2019 Housing Choice Voucher Administrative Plan and
AUTHORIZE the City Manager to EXECUTE and SUBMIT the revisions to the U.S.Department
of Housing and Urban Development(HUD) (Adopted April 12, 2019)
6. Ordinance to DECLARE City Property at 2224 London Street in EXCESS of the City's needs and
AUTHORIZE the City Manager to sell the property to Jose J. and Paige Medrano
7. Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as
Commerce Street, Central Park Avenue, Columbus Street and Market Street
8. Ordinances to ACCEPT and APPROPRIATE from U.S. Department of Homeland Security to
FY2019-20 Fire Department Operating Budget:
a. $58,836 and TRANSFER $5,868 within the Operating Budget re National Fire Protection
Association Swiftwater Rescue Training
b. $47,175 and TRANSFER $15,725 within the Operating Budget re purchase of sonar and
mapping equipment for fireboats
9. Ordinances to ACCEPT and APPROPRIATE:
a. $150,000 from Virginia Department of Behavioral Health and Developmental Services to
FY2019-20 Human Services Operating Budget re hosting the 2020 Crisis Intervention Team
(CIT) Conference and Training Symposium
b. $141,501 from Virginia Department of Transportation (VDOT) to CIP 2-300 Traffic Safety
Improvements III re Greenwell Road sidewalk and CIP 9-276 Cape Henry Light House
Restoration II
October 15, 2019
22
AGENDA REVIEW SESSION
ITEM#69686
(Continued)
10. Ordinance to TRANSFER $1-Million from CIP 2-418 Indian River Road/ Kempsville Road
Intersection Improvements to CIP 2-126 Laskin Road Phase I-A re Congestion Mitigation and Air
Quality Program and AMEND programmed funding to provide $1-Million to CIP 2-418 in
FY2020-21
K. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
October 15, 2019
23
AGENDA REVIEW SESSION
ITEM#69686
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. ANTHONY P. & KELLY LYNN SPERA for a Conditional Change of Zoning (0-2 Office to
Conditional A-12 Apartment) re construction of 240 square foot accessory structure at the
Northern corner of Hinsdale Street, across from 520 Constitution Drive DISTRICT 4—BAYSIDE
2. HALLE PROPERTIES,LLC/PCS HILLTOP,LLC,HILLTOP SQUARE INVESTORS,LLC
& TRISIB HILLTOP,LLC for a Conditional Use Permit re automobile repair garage at 1657
Laskin Road DISTRICT 6—BEACH
3. SAIR ENTERPRISES,INC.for a Conditional Use Permit re motor vehicle sales at 3096 South
Lynnhaven Road DISTRICT 6—BEACH
4. HR KEMPSRIVER,LLC/BONNEY'S CORNER ASSOCL4TESfor a Conditional Use Permit
re indoor recreation facility at 1205 Fordham Drive DISTRICT 2—KEMPSVILLE
5. THE GLAM LIFE BEAUTY BAR, LLC/KH HR HAYGOOD, LLC for a Conditional Use
Permit re tattoo parlor at 4663 Haygood Road, Suite 207 DISTRICT 4—BAYSIDE
6. DAVID & CAROL HAWKINS for a Conditional Use Permit re residential kennel at 2125
Tennyson Court DISTRICT 7—PRINCESS ANNE
L. PLANNING ITEMS:
ITEM#2 WILL BE CONSIDERED SEPARATELY
October 15, 2019
24
ITEM#69687
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Voter Registrar Office Location
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)
• Voter Registrar Office Location
LEGAL MATTERS: 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)(8).
• Voter Registrar Office Location
• Closed Session Confidentiality
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probably litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant to
Section 2.2-3711(A)(7).
• National Opioid Litigation
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 15, 2019
25
ITEM#69687
(Continued)
Upon motion by Vice Mayor Wood, seconded by Council Member Wooten, City Council voted to proceed
into CLOSED SESSION at 5:09 P.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
Break 5:09 P.M.—5:20 P.M.
Closed Session 5:20 P.M. —5:59 P.M.
October 15, 2019
26
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
OCTOBER 15, 2019
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the
City Council Chamber, City Hall, on Tuesday, October 15, 2019, at 6:00 P.M
Council Members Present:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson Ill
INVOCATION: LT Michael Crandall, Chaplain
Naval Air Station Oceana Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th 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. Council Member Wilson
regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record.
October 15, 2019
27
Council Member 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 ident 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 Member Wilson's letter of June 2, 2015, is
hereby made a part of the record.
October 15, 2019
28
ITEM— VI-E
CERTIFICATION
ITEM#69688
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, 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,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
Mr.Moss stepped out during discussions of the Dome Site Project and National Opioid Litigation
October 15, 2019
z
J OF OUR N'1‘°�5
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#69687Page 25 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.
Amanda Barnes, MMC
City Clerk October 15, 2019
29
ITEM-VLF
MINUTES
ITEM#69689
Upon motion by Council Member Tower, seconded by Council Member Berlucchi, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of October 1,2019
Verbal Vote: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
30
ITEM-VI.G.1
MAYOR'S PRESENTATION
ITEM#69690
RESOLUTION CAPTAIN CHAD VINCELETTE DAY
Mayor Dyer introduced and welcomed Captain Chad Vincelette and presented him with a Resolution
declaring October 15, 2019, CAPTAIN CHAD VINCELETTE DAY recognizing his meritorious serve to the
Navy, the Country and the City of Virginia Beach. Captain Vincelette is a native of Virginia Beach and a
graduate of the University of Virginia. Captain Vincelette's awards include two Legion of Merit Medals,
the Defense Meritorious Service Medal, two Meritorious Service Medals, Individual Air Medal with
Combat "V", six Strike Flight Air Medals, Joint Commendation Medal, two Navy Commendation Medals,
and numerous service and campaign medals. Captain Vincelette has been the epitome of an officer and
gentleman during his tenures as Commanding Officer of NAS Oceana and a wonderful citizen of the City.
Captain Vincelette expressed his appreciation to City Council and stated it has been his honor to serve and
live in the City of Virginia Beach.
October 15, 2019
r
v''BE9
/• 5 S
Ns d
RESOLUTION
WHEREAS: Captain Chad Vincelette is a native of Virginia Beach and graduated from the University of
Virginia. At the University of Virginia, he earned a Bachelor of Science Degree in Aerospace Engineering and
was subsequently commissioned through the Naval Reserve Officer Training Program. He earned his coveted
designation of Naval Aviator in June 1996;and
WHEREAS: Captain Vincelette's operational assignments have included the Diamondbacks of VF-102,the Black
Knights of VF-154,where he deployed for the commencement of Operation Iraqi Freedom,flying as a Forward Air
Controller,and two tours with the Swordsman of VFA-32;and
WHEREAS: Captain Vincelette's shore assignments include instructor duty at Strike Fighter Weapons School
Atlantic after attending the U.S. Navy Fighter Weapons School (TOPGUNV) and serving as a Flag Aide to
Commander, U.S.Fleet Forces and various other high-level staff appointments;and
WHEREAS: Captain Vincelette has accumulated over 3,000 flight hours and 617 carrier arrested landings;and
WHEREAS: Captain Vincelette has been awarded two Legion of Merit Medals, the Defense Meritorious Service
Medal, two Meritorious Service Medals, Individual Air Medal with Combat "V", six Strike Flight Air Medals,
Joint Commendation Medals, two Navy Commendation Medals, as well as numerous service and campaign
medals;and
WHEREAS: Captain Vincelette relinquished command of Naval Air Station Oceana, doing a flyby at the Naval
Air Station Oceana Air Show on the weekend of September 21,2019;and
WHEREAS: Captain Vincelette has been the epitome of an officer and gentleman during his tenure as
Commander at NAS Oceana,and throughout his career,and a wonderful citizen of the City of Virginia Beach;and
WHEREAS: The Virginia Beach City Council recognizes Captain Vincelette for his patriotism,service to Country
and service to the City of Virginia Beach;and
NOW THEREFORE,BE IT RESOLVED: that Captain Vincelette's work as Commander at Naval Air Station
Oceana his years of service to our country,be duly recognized and applauded,and
BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations
this 15'h day of October 2019,to declare:
CAPTAIN CHAD VINCELETTE DAY
and present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy spread
upon the Minutes of this meeting.
di 441d—SL' I".4.ilha4J_-_A-4*- -1,
Coun ' em6 r ssica P.A66ott Council'We 6er&icfae(F.Berl'uccfi Council' ember ar6ara M..11en
Cou 'CMem66e ouis W,Jones (founcif 41 D.em6erJohn Sloss Council'lMem6er n N,&use
:"4" 0-0-ro-/
CouncilMem6er Guy 7L Tower Council'M Rysemary Wilson CouncilMem6erSabrina D.Wooten
ilkile 4t1# 1 /
iv,�,James L'Wood a
M yo &6ert W. Bo66y"Dyer
31
ITEM-VLG.2
MAYOR'S PRESENTATION
ITEM#69691
COMMUNITY PLANNING MONTH
Mayor Dyer introduced and welcomed Bobby Tajan, Director—Planning and Community Development
and presented a Proclamation declaring October 2019 "COMMUNITY PLANNING MONTH". Mayor
Dyer recognized the many valuable contributions made by the Virginia Beach Planning Commission and
professional community planners, who work for the City and elsewhere in the Hampton Roads Region, who
have contributed their time and expertise in the improvement of Virginia Beach.
Mr. Tajan expressed his appreciation to City Council for their continued support and members of the
Planning Commission for their hard work and dedication.
October 15, 2019
5
off _ zi
8 OF OUR NAS`ON
,414
iiirodamtition
Whereas: Change is constant and affects all cities, towns and counties;and
Whereas: Community planning and planners can help manage this change in a way that
provides better choices for how people workand Eve and,
Whereas: Community planning provides an opportunity for all residents to 6e equally
involved in determining the future of their community;and
Whereas: The full benefits of community planning are realized when public official's and
citizens are engaged with planning processes and understand, support, and
expect excellence in planning and plan implementation;and
Whereas: The month of October is designated as National Community(Planning Month
throughout the?United States of America and its territories,and
Whereas: The celebration of National' Community Planning Month gives us the
opportunity to publicly recognize the participation and dedication of the
members of the Virginia Beach Planning Commission, and all volunteer boards,
commissions and committees and other engaged citizens who have contributed
their time and epertise to the improvement of the City of Virginia Beach;and
Whereas: We also recognize the many valuable contributions made 6y the Professional
Planners and other professional and support staff of the City of Virginia Beach
Planning and Community(Development Department and all other departments
involved in the planning process, and extend our thanks and appreciation for
their continued commitment to pu6Cu service.
Now Therefore, I Robert M. Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby
proclaim:
October 2019
Community Tanning Month
In Virginia Beach, in conjunction with the celebration of National Community Planning
Month.
In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of
Virginia Beach, Virginia, to he affixed this Tyteenth day of October 2019.
- /4114,664P,freCO/
Robert M. "Bobby"Dyer
Mayor
32
ITEM— VLH.1
PUBLIC COMMENT
ITEM#69692
Mayor Dyer DECLARED a PUBLIC COMMENT:
PROPOSED CITY/SCHOOLS REVENUE SHARING FORMULA
The following registered to speak.•
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
October 15, 2019
33
ITEM— VLI
PUBLIC HEARING
ITEM#69693
Mayor Dyer DECLARED a PUBLIC HEARING.•
SOUTHSIDE NETWORK AUTHORITY
Articles of Incorporation
The following registered to speak:
Sara Buck, (Public Affairs Manager-Cox Communications) 3544 Byrn Bare Drive, Phone: 593-1471,
made comments concerning Cox Communications work in bringing fiber optic cables to the region
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
October 15, 2019
34
ITEM— VLJ
FORMAL SESSION AGENDA
ITEM#69694
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given three(3)minutes on each item they registered to
speak.
The City Clerk called the following speakers:
Barbara Messner, P. O. Box 514, spoke on items:K4, K.5, K.6, K.8a/b, and K.10
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY
CONSENT,Agenda Items K: Ordinances/Resolutions 4, 5, 6, 7, 8a/b, 9a/b and 10 and Planning Items
L:1, 3, 4, 5, and 6
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
K. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
L.PLANNING ITEMS:
ITEM#2 WILL BE CONSIDERED SEPARATELY
October 15, 2019
35
ITEM— VLK.1
ORDINANCES/RESOLUTIONS
ITEM#69695
The following registered to speak:
Barbara Messner, P. O. Box Box 514, declined to speak
After City Council discussion, Vice Mayor Wood made a MOTION, seconded by Council Member Rouse,
to ADOPT each of the following items in the City's 2020 Legislative Agenda:
K1.2 Solution to Coastal Flooding, Regional Greenhouse Gas Initiative
K.1.3 High Speed Rail
K.1.4 Menhaden Fishing Regulation
K.1.6 Expansion of the Virginia Human Rights Act
K.1.7 Full Funding to the Step-VA Program
K.1.9 Heart Disease Presumption for Salaried Ems Personnel
K.1.10 Equalize "House Bill 599"Funding
K.1.12 Payments to Institutions of Higher Education for Certain Courses Taken by Law
Enforcement Officers
K1.13 Film Tax Credit
K.1.14 Definition of Small Business
K.1.16 Banning Conversion Therapy
K.1.17 Virginia Shoreline Resiliency Fund
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 A RESOLUTION ADOPTING THE CITY'S 2020
2 LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council has a policy of adopting 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 2020 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 2020 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 2020 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.
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 15th
32 day of October , 2019.
APPROVED TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:jjA#144 ce.41
City Manager's Office City Attorney's Office
CA14907
R-1
October 8, 2019
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LEGISLATIVE AGENDA
GENERAL ASSEMBLY
2020 SESSION
ADOPTED
October 15, 2019
CITY OF VIRGINIA BEACH— CITY COUNCIL
Mayor Robert M. "Bobby" Dyer—At Large
Vice-Mayor James L. Wood—Lynnhaven
Jessica P. Abbott—Kempsville
Michael Berlucchi—Rose Hall
Barbara M. Henley—Princess Anne
Louis R. Jones—Bayside
John D. Moss—At Large
Aaron R. Rouse—At Large
Guy K. Tower- Beach
Rosemary A. Wilson—At Large
Sabrina D. Wooten—Centerville
j
CITY OF VIRGINIA BEACH— GENERAL ASSEMBLY DELEGATION
Senator Lynwood W. Lewis, Jr.— Senate District 6
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 C. E. "Cliff' Hayes, Jr.—House District 77
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, Jr.—House District 100
ii
TABLE OF CONTENTS
CITY OF VIRGINIA BEACH-CITY COUNCIL ii
CITY OF VIRGINIA BEACH-GENERAL ASSEMBLY DELEGATION ii
SECTION 1.1-CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS
1. VOTING RIGHTS 6
SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
2. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 7
SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION
3. HIGH SPEED RAIL 8
SPONSORED BY CITY COUNCIL
4. MENHADEN FISHING REGULATION 9
SPONSORED BY CITY COUNCIL
5. CERTIFICATE OF PUBLIC NEED 10
SPONSORED BY CITY COUNCIL
6. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 11
SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
7. FULL FUNDING TO THE STEP-VA PROGRAM 12
SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
8. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE 13
SPONSORED BY CITY COUNCIL
SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES
9. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL 15
SPONSORED BY VICE-MAYOR JIM WOOD
10.EQUALIZE"HOUSE BILL 599"FUNDING 16
SPONSORED BY VICE-MAYOR JIM WOOD
11.RESIGN TO RUN FOR MEMBERS OF COUNCIL OTHER THAN MAYOR 17
SPONSORED BY COUNCILMEMBER JOHN MOSS
12.PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN COURSES TAKEN
BY LAW ENFORCEMENT OFFICERS 18
SPONSORED BY VICE-MAYOR JIM WOOD
I►I
TABLE OF CONTENTS (continued)
13.FILM TAX CREDIT 19
SPONSORED BY CITY COUNCIL
14.DEFINITION OF SMALL BUSINESS 20
SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON
15.REQUEST TO AMEND 2019 ACTS OF ASSEMBLY,C. 793 TO ALLOW CDA FINANCING AND
TO EXTEND THE DATE OF TAX INCENTIVE 21
SPONSORED BY COUNCILMEMBER JOHN MOSS
16.BANNING CONVERSION THERAPY 22
SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
17.VIRGINIA SHORELINE RESILIENCY FUND 23
SPONSORED BY COUNCILMEMBER BARBARA HENLEY
iv
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG
TERM POLICY POSITIONS
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1. VOTING RIGHTS
SPONSORED BY 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:
This was a part of your package last year and has been for several years through a joint initiative with the
Human Rights Commission. The Human Rights Commission has asked for redistricting reform and removal
of barriers to voter participation. Specifically, they are asking that the no excuse voting law passed in the
2019 session,be amended. That law would allow no excuse absentee voting beginning a week and a half on
Saturday before the election starting in 2020. The Human Rights Commission is requesting it to be expanded
to no excuse, in person, absentee ballot voting for the entire 45 days open for voting before the election. The
General Assembly passed a first phase of amending the Constitution to create a non-partisan Redistricting
Commission. The Human Rights Commission requests the General Assembly pass that same legislation
during the 2020 session. The issue would then be put before the voters in the 2020 election. Assuming that
those two actions are successful,when the General Assembly does redistricting of Congress and the Virginia
House and Senate in 2021,the Redistricting Commission would begin the process.
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2. 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 northward, 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.
Request:
The General Assembly is requested to adopt legislation.That 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 to other areas.
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3. HIGH SPEED RAIL
SPONSORED BY CITY COUNCIL
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.
4. 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.
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5. 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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6. 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 in hiring and in housing as was
proposed in legislation from Kelly K. Convirs-Fowler and Delegate Roxann Robinson in the 2019 Session.
`\`'".- j 112
7. FULL FUNDING FOR THE STEP-VA PROGRAM
SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL
Background Information:
Almost 20%of adults in the Commonwealth have some kind of mental illness according to the Mental Health
America 2019 Prevalence Report. Virginia is ranked 40th in the nation for mental health service and 40th
among all states in access to care. The suicide rate is rising each year. More than 17%of inmates in the jail
population have a mental illness with this number also rising each year. The need for a comprehensive,
effective and accessible system of mental health services is quite clear.
Without adequate treatment and support 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: frequent trips to hospital emergency rooms, homelessness, substance
use disorders, suicide and incarceration among individuals with mental illness.
STEP VA (System Transformation, Excellence and Performance in Virginia) was developed to address
quality, access, accountability and consistency across all Community Services Boards (CSB). In 2015,
DBHDS received a federal planning grant to lay the foundation for a behavioral health system that would be
standardized in the provision of nine core services:
• Same-day access
• Primary care screenings
• Outpatient behavioral services
• Behavioral health crisis services
• Peer/family support services
• Psychiatric rehabilitation
• Veterans' behavioral health
• Case management for adults and children
• Care coordination
The 2017 General Assembly amended the code to implement the STEP VA System of nine services by 2021
with two of those services, Same Day Access and Primary Care Screening being implemented by 2019.
As of 2019: Same Day Access and Primary Care Screening have been fully funded and are being
implemented. Outpatient Services ($15M) and Crisis Services ($7.8M) have been partially funded. Full
funding is still needed for the seven other services to be implemented by 2021 as mandated in the 2017
General Assembly session.
Request:
The City requests that the General Assembly provide full funding for the implementation of STEP VA
System throughout the Commonwealth to ensure all nine Core Services are implemented by 2021.
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8. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE
SPONSORED BY CITY COUNCIL
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 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 long-term 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.As technology progresses,this revenue gap will only grow wider. The chart
below shows actual revenues received by the City over the past decade. 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.
30.0 Virginia Telecom Tax: FY 08-FY18
30
27.9 27.6
0 28 27.2 26.7 26.7 26.3 26.0
t IIilIHuiuii
25.3
FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018
•Actual
Consistent with these declines, the City has lowered, by a combined $1.5 million in Fiscal Years 2019 and
2020, its budgeted projections for Telecom Tax revenue. Should the present tax structure continue as is, the
City will likely see a decline in this revenue source in Fiscal Year 2021 that would bring the total amount of
revenue received by the City to under$23 million.
FY 2019 Budgeted FY 2020 Budgeted FY 2021 Estimate (Using
Historic Average)
$23.8 million $ 22.4 million $22.9 million
REQUEST: The General Assembly is requested to restore funding to localities consistent with amounts
received at the time of the formula's adoption in 2006.
114
SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY
INITIATIVES
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9. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL
SPONSORED BY VICE-MAYOR JIM WOOD
Background Information:
In Virginia, public safety benefit programs have historically been designed specifically for firefighters and
police officers. Most municipal EMS providers were either cross-trained as firefighters, volunteers or
civilians. There was little attention given to governmental EMS workers. Virginia Beach has the largest
with its cadre of medics within the Department of EMS. We currently have 65 officers or medics who are
considered full time salary Emergency Medical Technicians for purposes of benefit calculations. However,
those workers are not given the same protections of heart disease presumption that Fire and Police have.
Request:
The General Assembly is requested to modify Code of Virginia Title 65.2, Workers' Compensation,Chapter
3: Occupational Diseases §65.2-402(B)as follows:
B. Hypertension or heart disease causing the death of or any health condition or impairment resulting in
total or partial disability of(i) salaried or volunteer firefighters, (ii) members of the State Police Officers'
Retirement System, (iii)members of county, city or town police departments, (iv)sheriffs and deputy sheriffs,
(v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city
sergeants of the City of Richmond, (vii) Virginia Marine Police officers, (viii) conservation police officers
who are full-time sworn members of the enforcement division of the Department of Game and Inland
Fisheries, (ix)Capitol Police officers, (x)special agents of the Virginia Alcoholic Beverage Control Authority
appointed under the provisions of Chapter 1 (( 4.1-100 et seq.) of Title 4.1, (xi)for such period that the
Metropolitan Washington Airports Authority voluntarily subjects itself to the provisions of this chapter as
provided in §65.2-305, officers of the police force established and maintained by the Metropolitan
Washington Airports Authority, (xii) officers of the police force established and maintained by the Norfolk
Airport Authority, (xiii) sworn officers of the police force established and maintained by the Virginia Port
Authority, awl(xiv) campus police officers appointed under Article 3 ((23.1-1-809 et seq.)and(xv)full-time
salaried Emergency Medical Technicians employed by the City of Virginia Beach. Of Chapter 8 of Title 23.1
and employed by any public institution of higher education shall be presumed to be occupational diseases,
suffered in the line of duty, that are covered by this title unless such presumption is overcome by a
preponderance of competent evidence to the contrary.
'`4`w'- " 116
10. EQUALIZE "HOUSE BILL 599" FUNDING
SPONSORED BY VICE-MAYOR JIM WOOD
Background Information:
In 1979, the Commonwealth of Virginia agreed to contribute funds to any locality in the Commonwealth
with a police department. This was done through House Bill 599, codified in the Code of Virginia as §9.1-
165 through 172. The intent of this legislation was to help equalize state funding between jurisdictions with
police departments and those with Sheriff's Offices. At the time of adoption, it was conveyed that the
Commonwealth would grant localities with police departments a sum equal to 30% of their department's
costs.
In the case of Virginia Beach,neither goal has been meet. In Fiscal Year 2019, 599 allocations were roughly
60% of the amount the City received for the Sheriff's Office from the Commonwealth. As for the Police
Department's total operating budget, the amount from the Commonwealth was equal to only about 10% of
City's appropriations for the VBPD.
The same disparity has been true for the Commonwealth at-large. Whereas general fund appropriations for
Sheriff's Office (not including local jail per diem) are approaching $500 million, 599 funding for Police
Departments is under$200 million. Further,the amount of 599 funding in FY 2020 is less than what existed
in FY 2009 and other prior years.
In addition, in code, the amount of funds distributed each year should be adjusted by a sum equal to the
anticipated general fund revenue change in any given year. However, this requirement is one to which the
state has not continually adhered; there is presently a $139 million gap between approved HB 599 funding
and the amount that would have occurred from calculating 599 funding based upon anticipated state revenue
growth every year since FY 2000. For example, while the official state General Fund growth forecast called
for 3.4%growth between FY 2017 and FY 2018, 599 funding remained flat during the FY 2018 budget year.
Similarly, while the official state General Fund growth forecast estimated 5.9% growth between FY 2018
and FY 2019, 599 funding allocations only increased 3.70% in FY 2019. For FY 2020, the state pre-
programmed an increase in 599 funding at 3.90%, but did not adjust the amount in conjunction with the
state's growth revenue.
Request:
The General Assembly is requested to increase funding to provide better parity between the appropriations
for Sheriff's Offices and for Police Departments. Specifically, 599 funding is requested to increase in FY
2021 state budget to a baseline that is equal to the amount of actual revenue growth between FY 2018 and
FY 2019,and then that sum should be increased by the official forecast growth figures for FY 2020 and 2021.
117
11. RESIGN TO RUN FOR MEMBERS OF COUNCIL OTHER THAN MAYOR
SPONSORED BY COUNCILMEMBER JOHN MOSS
Background Information:
In 1987,the General Assembly added Section 3.02:2 to the City Charter. Section 3.02:2 provides a"resign
to run"requirement of any member of the City Council who wishes to be a candidate for the office of mayor.
In pertinent part, this requirement requires a sitting Councilmember to irrevocably resign his or her council
seat as a condition to becoming a candidate for mayor. That resignation would be effective December 31 of
the applicable year.
This legislative request would impose a similar requirement if an at large Councilmember seeks to become a
candidate for a residence district seat or if a resident district member seeks to become an at-large candidate.
Request:
The City Council requests the General Assembly enact an amendment to the City Charter that inserts the
following text as new Section 3.02:3:
A. In the event any councilmember from one of the residence districts shall decide during his term of
office to be a candidate for an at-large seat,the councilmember shall tender his resignation as a
councilmember not less than ten days prior to the date for the filing of petitions as required by
general law. Such resignation shall be effective on December 31, shall constitute the
councilmember's intention to run for the at-large seat, shall require no formal acceptance by the
remaining councilmembers, and shall be final and irrevocable when tendered.
The unexpired portion of the term of any councilmember who has resigned to run for an at-large
seat shall be filled at the same general election, or special election if the at-large seat is to be filled
by special election.
B. In the event any councilmember from one of the at-large seats shall decide during his term of office
to be a candidate for a residence district seat,the councilmember shall tender his resignation as a
councilmember not less than ten days prior to the date for the filing of petitions as required by
general law. Such resignation shall be effective on December 31, shall constitute the
councilmember's intention to run for the residence district seat, shall require no formal acceptance
by the remaining councilmembers, and shall be final an irrevocable when tendered.
The unexpired portion of the term of any councilmember who has resigned to run for a residence
district seat shall be filled at the same general election, or special election if the residence district
seat is to be filled by special election.
':A'.!cis,
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12. PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN COURSES TAKEN
BY LAW ENFORCEMENT OFFICERS §23.1-602
SPONSORED BY VICE-MAYOR JIM WOOD
Background Information:
In 1966,the General Assembly passed §23.1-602,which provides college tuition,including the cost of books
and fees,paid for by the State,to any law enforcement officer working within the Commonwealth. Officers
would be required to pursue a degree or certificate in a course of study relating to the field of law enforcement,
and must attend an accredited institution of higher education within the Commonwealth. In return, officers
would be required to remain employed in a law enforcement capacity for a period of at least as long as the
length of the course of study taken, or repay the full amount of such tuition.
This law has remained, unfunded, in the Code of Virginia since its creation.
Our citizens deserve a highly professional, knowledgeable, and educated police force that enforces the law
and investigates crime in a judicious and equitable manner. Training and education are crucial for the future
success of our officers and our department. In today's policing environment, officers go above and beyond
answering calls for help. They are leaders, problem solvers, counselors, and role models who are equipped
with 21st century skills that far surpass traditional police academy training. In short, the profession has
evolved.
The benefits of higher education reach beyond the impact it has on individual officers. A well-educated
police force positively influences the future of our organization and our community. Continuous learning
and self-improvement become engrained in all ranks, from officer to command staff, and within our culture.
For these reasons and more,restoring funding for this statute is a worthy investment for both our officers and
the citizens we serve.
Request:
The General Assembly is requested to consider funding this statute,for a trial period,to determine state-wide
interest and administrative workload for the Department of Criminal Justice Services (program
administrators). This pilot program would provide access to limited financial resources for specific localities
within the Commonwealth,to include the City of Virginia Beach. We propose modifying the existing statute
to reimburse tuition for attendance at an accredited in-state university or community college, up to the two-
year associate's degree level. All other provisions of the existing statute shall remain unchanged. Upon
completion of the pilot program, an evaluation will be conducted to determine program expansion and state-
wide fiscal impact.
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13. FILM TAX CREDIT
SPONSORED BY CITY COUNCIL
Background Information:
The Commonwealth of Virginia has a rather small program to promote film and other media production
within the Commonwealth. Other states, most notably Georgia and North Carolina, have a very robust
program which has created a considerable industry in those states. In order for Virginia to compete in this
arena, the Commonwealth needs to provide additional incentives through tax credits and other means. This
is an ideal time for Virginia to expand their incentives for this industry in as much as North Carolina and
Georgia because of actions of their respective General Assemblies have created an environment that is
unwelcoming to the industry.
Request:
The General Assembly is requested to establish a new media and technology income tax credit as was
envisioned by HB2163 of the 2019 session of the General Assembly, sponsored by Delegate Glenn Davis.
This credit would equal 15%of expenses or 20%for productions in economically distressed areas in Virginia.
Expenses eligible for the tax credit include purchases that were exempt from sales tax unless 6 purchases
were made at least 1 year prior to such tax payer entering into an agreement with the Virginia Film Office.
Productions may receive additional credits of up to 20%of production costs over$250K and compensation
payed to Virginia residents who are first time actors or production crew members. The bill further provides
that credits may be carried over to subsequent tax years for up to 10 years and transferred to another party
upon payment to the department of a fee of 2%.
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14. DEFINITION OF SMALL BUSINESS
SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON
Background Information:
Currently there are multiple definitions for small businesses in the code of Virginia. The one that is utilized
most predominantly is in the Virginia Public Procurement Act. This states that a small business means a
business independently owned and controlled by one or more individuals who are US citizens or legal
resident aliens and together with affiliates has 250 or fewer employees or annual gross receipts of$10 million
or less averaged over the previous three years.
Under this current definition a "small business could have 250 employees and greater than annual gross
revenues of$10 million". This means that a certified small business could have unlimited annual revenue
and receive the benefits of being a small business under the code.
Request:
The General Assembly is requested to amend the code of Virginia section 2.2—4310 to substitute the word
"and"for"or" in the definition of a small business. This would mean that a small business would be defined
as having 250 or fewer employees and annual gross receipts of$10 million or less averaged over the previous
three years .This is thought to provide a truer definition of a small business in Virginia than the current code.
4:� F•1
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15. REQUEST TO AMEND 2019 ACTS OF ASSEMBLY, C. 793 TO ALLOW CDA
FINANCING AND TO EXTEND THE DATE OF TAX INCENTIVE
SPONSORED BY COUNCILMEMBER JOHN MOSS
Background Information:
In January, the City Council authorized the execution of a Term Sheet for the development of definitive
project documents for the Dome Site Project (the "Project"). The Project was subsequently rebranded as
Atlantic Park. Separately, the 2019 General Assembly, through the work of Delegate Knight and Senator
Wagner, enacted Chapter 793. This legislation provides a mechanism for the capture of sales and use taxes
for a "sports and entertainment district."The defined district is in the same area as Atlantic Park. The City
believes the revenues from Chapter 793 will be an important part of the City's financing of its obligations
related to the Project.
Two issues have emerged that may require the General Assembly to amend Chapter 793. First, there is
discussion of the use of a Community Development Authority ("CDA")to assist in the financing of certain
improvements that are part of the Project. The CDA tool allows for the imposition of additional levies and
special assessments at the Project, which allows the beneficiaries of the increased costs of infrastructure to
participate more directly in paying for such improvements. Second, because of the time needed to finish the
pre-development work and construction of the Project, the outside dates prescribed in Chapter 793 may not
be sufficient to provide the assistance originally intended.As such,this request seeks to offer additional years
that will provide for the incentive to align with the duration of the City's obligations.
Request:
The City Council requests the General Assembly amend Chapter 793 of 2019 Acts of Assembly as follows:
• Amend the second sentence of§ 15.2-5931(A)to read as follows: "As used in this chapter, "bonds"
includes notes of any kind, interim certificates, refunding bonds, or any other evidence of obligation
issued by the City of Virginia Beach, the City of Virginia Beach Development Authority, or a
community development authority formed by the City pursuant to sections 15.2-5152 through 15.2-
5159 and within the Sports and entertainment district."
• Amend § 15.2-5932(C) to allow the use of the Fund to pay for expenses or debt service associated
with a community development authority at the sports or entertainment district.
• Amend § 15.2-5933(A)(2) to change the date from "July 1, 2039" to "July 1 following the 20th
anniversary of the completion of construction of the Sports and entertainment project."
• Add enactment 3: "Notwithstanding§ 15.2-5113(A),a community development authority formed by
the City pursuant to sections 15.2-5152 through 15.2-5159 and within the Sports and entertainment
district may have an authority board with the same number of board members as the number of
members of the City's governing body."
V r;j
�..
... I 22
16. BANNING CONVERSION THERAPY
SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
Background Information:
Conversion therapy, sometimes known as reparative therapy, is the harmful practice of attempting to change
one's sexual orientation or gender identity. This philosophy is based on discredited and outdated theories. In
Virginia, it is currently legal to promote and engage in this dangerous technique,which is especially harmful
to youth,who often have no choice when this treatment is forced upon them by a parent or guardian.
Since 1975, the American Psychological Association has stated that homosexuality is not a mental illness,
yet throughout Virginia organizations promote this practice as a legitimate and medically backed option for
Lesbian, Gay, Bisexual, and Transgender (LGBT) youth to cure them of being who they are. In 2013, the
American Psychiatric Association made the following issue statement: "The American Psychiatric
Association does not believe that same-sex orientation should or needs to be changed, and efforts to do so
represent a significant risk of harm by subjecting individuals to forms of treatment which have not been
scientifically validated and by undermining self-esteem when sexual orientation fails to change.No credible
evidence exists that any mental health intervention can reliably and safely change sexual orientation; nor,
from a mental health perspective does sexual orientation need to be changed."
According to research from the Family Acceptance Project, suicide attempts nearly double (48%) for LGBT
youth who report parent and guardian efforts to change their sexual orientation versus those who didn't
experience those efforts(22%),and that rate nearly tripled for LGBT young people who reported both home-
based efforts and formal intervention efforts by external parties, such as therapists and religious leaders.
(63%) Sixteen states and territories have banned this harmful practice.
Request:
The General Assembly is requested to adopt legislation that would establish that conversion therapy for
LGBT is an unlawful process.
r`P '/4y:i.
e-,,,.-f-.t 123
17. VIRGINIA SHORELINE RESILIENCY FUND
SPONSORED BY COUNCILMEMBER BARBARA HENLEY
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.
36
ITEM— VLK.1.1
ORDINANCES/RESOLUTIONS
ITEM#69696
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED, Item
K.1.1 Voting Rights, in the City's 2020 Legislative Agenda
Voting: 9-1
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara
M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Rosemary Wilson
October 15, 2019
37
ITEM— VLK.1.5
ORDINANCES/RESOLUTIONS
ITEM#69697
Upon motion by Council Member Wooten,seconded by Council Member Henley, City Council ADOPTED,
Item K 1.5 Certificate of Public Need, in the City's 2020 Legislative Agenda
Voting: 7-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis
R. Jones, Aaron R. Rouse, Vice Mayor James L. Wood and Sabrina D.
Wooten
Council Members Voting Nay:
Jessica P.Abbott
John D. Moss
Guy K. Tower
Council Members Absent:
Rosemary Wilson
October 15, 2019
38
ITEM— VLK.1.8
ORDINANCES/RESOLUTIONS
ITEM#69698
After City Council discussion, Council Member Moss made a MOTION, seconded by Council Member
Abbott, to REMOVE Item K.1.8 Commonwealth of Virginia Communications Tax Update,from the City's
2020 Legislative Agenda
Voting: 3-7(DENIED/LOST TO NEGATIVE VOTE)
Council Members Voting Aye:
Jessica P. Abbott,John D. Moss, and Guy K. Tower
Council Members Voting Nay:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis
R. Jones, Aaron R. Rouse, Vice Mayor James L. Wood and Sabrina D.
Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
39
ITEM— VI.IC.1.8
ORDINANCES/RESOLUTIONS
ITEM#69699
Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council ADOPTED Item
K1.8 Commonwealth of Virginia Communications Tax Update, in the City's 2020 Legislative Agenda
Voting: 7-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis
R.Jones,Aaron R. Rouse, Guy K. Tower, and Vice Mayor James L. Wood
Council Members Voting Nay:
Jessica P.Abbott,John D.Moss, and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
40
ITEM— VLK.1.11
ORDINANCES/RESOLUTIONS
ITEM#69700
Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council ADOPTED
Item K.1.11 Resign to Run for Members of Council Other Than Mayor, in the City's 2020 Legislative
Agenda
Voting: 7-3
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, John D.
Moss, Aaron R. Rouse, Guy K. Tower, and Sabrina D. Wooten
Council Members Voting Nay:
Michael F. Berlucchi, Louis R. Jones and Vice Mayor James L. Wood
Council Members Absent:
Rosemary Wilson
October 15, 2019
41
ITEM— VLK.1.15
ORDINANCES/RESOLUTIONS
ITEM#69701
Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council ADOPTED Item
K.1.15 Request to Amend 2019 Acts of Assembly, C. 793 to Allow CDA Financing and to Extend the
Date of Tax Incentive, in the City's 2020 Legislative Agenda
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
42
ITEM— VI.K.2
ORDINANCES/RESOLUTIONS
ITEM#69702
The following registered to speak:
Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council, DEFERRED TO
JANUARY 7, 2020, Ordinance to APPROVE and ADOPT a City Council Policy re Council Member
sponsored forums and events(Requested by Mayor Dyer and Vice Mayor Wood)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
43
ITEM— VLK.3
ORDINANCES/RESOLUTIONS
ITEM#69703
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT
Upon motion by Council Member Wooten,seconded by Council Member Moss, City Council,DEFERRED
TO JANUARY 7, 2020, Resolution to SUPPORT the Ignite Seminar Series and Disparity Forum and
TRANSFER $10,000 from General Fund Reserve for Contingencies re offset expenses (Requested by
Council Member Wooten)
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
44
ITEM— VLK4
ORDINANCES/RESOLUTIONS
ITEM#69704
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT,Resolution to DECLARE the proposed location of Twenty Seven Atlantic a Revitalization Area
re qualify for Virginia Housing Development Authority Funding
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 A RESOLUTION DECLARING THE PROPOSED
2 LOCATION OF TWENTY SEVEN ATLANTIC TO
3 BE A REVITALIZATION AREA IN ORDER TO
4 QUALIFY FOR VIRGINIA HOUSING
5 DEVELOPMENT AUTHORITY FINANCING
6
7 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City
8 Council of the City of Virginia Beach, Virginia, desires to designate the area (the "Area")
9 described on Exhibit A attached hereto as a revitalization area;
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA, THAT:
13
14 1 . The Council makes the following determinations:
15 a. The industrial, commercial or other economic development of the Area will
16 benefit the City but the Area lacks the housing needed to induce
17 manufacturing, industrial, commercial, governmental, educational,
18 entertainment, community development, healthcare or nonprofit
19 enterprises or undertakings to locate or remain in the Area; and
20 b. Private enterprises and investment are not reasonably expected, without
21 assistance, to produce the construction or rehabilitation of decent, safe
22 and sanitary housing and supporting facilities that will meet the needs to
23 low and moderate income persons and families in the Area and will induce
24 other persons and families to live within the Area and thereby create a
25 desirable economic mix of residents in the Area.
26
27 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby
28 designated as a revitalization area.
29
30 3. The Council determines that the undesignated space for office or retail use in the
31 non-housing portion of the building located or to be located in the Area is
32 necessary or appropriate for the commercial or other economic development of
33 the Area.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of
October 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
H using and Neighborhood City t orney's Office
Preservation
CA14906/R-2/October 8, 2019
EXHIBIT "A"
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45
ITEM— VLK.5
ORDINANCES/RESOLUTIONS
ITEM#69705
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to REVISE the 2019 Housing Choice Voucher Administrative Plan and
AUTHORIZE the City Manager to EXECUTE and SUBMIT the revisions to the U.S. Department of
Housing and Urban Development(HUD) (Adopted April 12, 2019)
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE TO REVISE THE 2019 HOUSING CHOICE
2 VOUCHER ADMINISTRATIVE PLAN AND TO AUTHORIZE
3 THE CITY MANAGER TO EXECUTE AND SUBMIT THE
4 REVISIONS TO THE U.S. DEPARTMENT OF HOUSING
5 AND URBAN DEVELOPMENT
6
7 WHEREAS, the City's Department of Housing and Neighborhood Preservation
8 ("DHNP") operates the federally-funded Housing Choice Voucher Program ("HCV
9 Program"), formerly known as the Section 8 Program;
10
11 WHEREAS, in April, the Council authorized the adoption of the 2019
12 Administrative Plan for the HCV Program (the "2019 Administrative Plan"); and
13
14 WHEREAS, the DHNP Staff recommends two revisions to the 2019 Administrative
15 Plan;
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA, THAT:
19
20 1. That 2019 Administrative Plan for the Housing Choice Voucher Program is
21 to be revised as follows:
22 a. Inspections Policy, Chapter 10: Allow more units to be inspected on a
23 biennial basis. However, biennial inspections will not be authorized for
24 units entering the program, the occurrence of a life safety hazard in the
25 prior year, when repairs were not made in a timely manner, multiple
26 violations, or when overall conditions, in the judgment of the inspector,
27 require annual inspections.
28 b. Preferences: Allow waiting list priority for applicants eligible for a special
29 HUD program for persons with disabilities.
30
31 2. That the City Manager is hereby authorized to execute and submit the revision
32 to the 2019 Administrative Plan to the U.S. Department of Housing and Urban
33 Development.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of October , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
/AL-- ,
Housi & ighborhood Preservation City A r y s Offi"
CA14900
R-1
October 3, 2019
46
ITEM— VLK.6
ORDINANCES/RESOLUTIONS
ITEM#69706
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE City Property at 2224 London Street in EXCESS of the City's needs
and AUTHORIZE the City Manager to sell the property to Jose J. and Paige Medrano
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE DECLARING THE
2 PROPERTY LOCATED AT 2224 LONDON
3 STREET (GPIN 2407-02-6550) TO BE IN
4 EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE CITY MANAGER TO
6 SELL THE PROPERTY TO JOSE J. AND
7 PAIGE MEDRANO
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
10 certain 15,017 (+/-) sq. ft. parcel of land located at 2224 London Street (the "Property")
11 more particularly described on Exhibit "A" attached hereto and made a part hereof;
12
13 WHEREAS, the City acquired the Property pursuant to the APZ-1
14 Acquisition Program;
15
16 WHEREAS, the City funded the acquisition of the Property through a
17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
18 contributing fifty percent (50%) of the funds;
19
20 WHEREAS, the Property is in the midst of other residences and at the
21 time of acquisition was improved with a single-family home;
22
23 WHEREAS, Jose J. and Paige Medrano (the "Medranos") own the
24 adjacent property and they have requested to purchase the Property in order to utilize it
25 in a manner compatible with the APZ-1 Ordinance;
26
27 WHEREAS, by ORD-3306A adopted on September 24, 2013, the
28 Medranos purchased 2228 London Street from the City and incorporated it with their
29 current residence;
30
31 WHEREAS, the Medranos desire to purchase the Property to further
32 expand their residential lot in accordance with the Summary of Terms attached hereto
33 as Exhibit "B" and made a part hereof;
34
35 WHEREAS, the APZ-1 Disposition Committee has recommended that City
36 Council declare the Property to be in excess of the City's needs and sell the Property to
37 the Medranos; and
38
39 WHEREAS, the City Council is of the opinion that the property is in excess
40 of the needs of the City of Virginia Beach.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
43 OF VIRGINIA BEACH, VIRGINIA:
44
45 That the Property is hereby declared to be in excess of the needs of the
46 City of Virginia Beach and that the City Manager is hereby authorized to execute any
47 documents necessary to convey the Property to the Medranos in accordance with the
48 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or
49 modifications as may be acceptable to the City Manager and in a form deemed
50 satisfactory by the City Attorney.
51
52 Further, that revenue from the sale of the Property in the amount of
53 $15,017 shall be received, and fifty percent (50%) of this amount shall be deposited for
54 appropriation in future Capital Improvement Program capital budgets in Capital
55 Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and Acquisition
56 II, and fifty percent (50%) shall be deposited for future payment by the City Manager to
57 refund the Commonwealth of Virginia's portion in accordance with the grant agreement.
58
59 This ordinance shall be effective from the date of its adoption.
60
61 Adopted by the Council of the City of Virginia Beach, Virginia, on the
62 15th day of October , 2019.
CA14647
R-1
5/31/19
\\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d013\p033\00562179.doc
AP AS O CONTENT APPROVED AS TO CONTENT
u lic rks Budget & Management Services
APPR ED AS TO LEGAL
SUFFICIENCY
Ci y rney' Office
EXHIBIT "A"
GPIN 2407-02-6550 (2224 London Street)
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situate, lying and being
in the City of Virginia Beach, Virginia, and being known,
numbered and designated as "LOT 37", as shown on the plat
entitled: "REVISED PLAT OF GATEWOOD PARK", which
said plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 25,
at page 87, to which reference is made for a more particular
description.
RESERVING UNTO THE CITY all right, title and interest of
the City in and to any and all easements, rights of way,
private roads and other rights of access, ingress and/or
egress adjacent to appurtenant to or in any way benefiting
the City and/or public.
IT BEING a portion of the same property conveyed to the
City of Virginia Beach by deed from Tracy Acela, formerly
Tracy A. Clark, dated March 25, 2013, and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach as Instrument Number 20130326000344900.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY
LOCATED AT 2224 LONDON STREET
SELLER: City of Virginia Beach
BUYERS: Jose J. Medrano and Paige Medrano
PROPERTY: Approximately 15,017 square feet of property generally known as
2224 London Street (GPIN: 2407-02-6550)
LEGAL DESCRIPTION: See Exhibit "A" to Ordinance
SALE PRICE: $15,017
CONDITIONS OF SALE:
• Property is purchased "As is, Where is."
• Buyers have been advised of APZ-1 restrictions for use.
• Buyers may use the Property for accessory structures, or Buyers may
otherwise utilize the property in conjunction with their adjacent property
upon resubdivision to remove interior lot lines; however, Buyers may
not add any new dwelling units.
• Seller shall resu-bdiVide the Prope y at-its expense to vacaae i it rior lot
lines.
• Seller will record deed restrictions permanently preventing new
dwelling units prior to or simultaneous with conveyance.
47
ITEM— VLK.7
ORDINANCES/RESOLUTIONS
ITEM#69708
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into portions of City Property known
as Commerce Street, Central Park Avenue, Columbus Street and Market Street
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer,Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE AUTHORIZING TEMPORARY
2 ENCROACHMENTS INTO PORTIONS OF CITY
3 RIGHTS-OF-WAY KNOWN AS COMMERCE STREET,
4 CENTRAL PARK AVENUE, COLUMBUS STREET AND
5 MARKET STREET, BY TOWN CENTER ASSOCIATES
6 9, L.L.C., ZEIDERS AMERICAN DREAM THEATER
7 AND THE CITY OF VIRGINIA BEACH DEVELOPMENT
8 AUTHORITY
9
10 WHEREAS, Town Center Associates 9, L.L.C., a Virginia limited liability company,
11 Zeiders American Dream Theater, a Virginia corporation, and the City of Virginia Beach
12 Development Authority, a political subdivision of the Commonwealth of Virginia
13 (collectively, the "Owners") own property located at Town Center, known as Block 9
14 (GPIN: 1477-54-1429) (the "Property");
15
16 WHEREAS, The Owners have submitted an application for temporary
17 encroachments into the City's rights-of-way known as Commerce Street (north of the
1s Property), Central Park Avenue (east of the Property), Columbus Street (south of the
19 Property) and Market Street (west of the Property), consisting of existing multiple
20 architectural facings and soffits, and concrete slabs with steel tube structures, aluminum
21 railings and glass infills, as shown on Exhibits A-1, A-2, B-1, B-2, C-1 through C-4, and
22 D-1 through D-6 attached to the Ordinance (the "Encroachments"); and
23
24 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
25 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
26 City's property subject to such terms and conditions as Council may prescribe.
27
28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 1 . That pursuant to the authority and to the extent thereof contained in
32 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are
33 authorized to construct and maintain the Encroachments into the City's rights-of-way, as
34 shown on Exhibits A-1, A-2, B-1, B-2, C-1 through C-4, and D-1 through D-6, attached
35 hereto and made a part hereof.
36
37 2. That the Encroachments are expressly subject to those terms, conditions
38 and criteria contained in those three certain encroachment agreements between the
39 City of Virginia Beach and the Owners (the "Agreements").
40
41 3. That the City Manager or his authorized designee is hereby authorized to
42 execute the Agreements, and such other terms, conditions and modifications as may be
43 acceptable to the City Manager and in a form deemed satisfactory by the City.
44
45 4. That this Ordinance shall not be in effect until such time as the Owners
46 and the City Manager or his authorized designee execute the Agreements.
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day
48 of October , 2019
APPROVED AS TO CONTENT APPROVED AST L
SUFFICIEN AND FO
Publi rks / Real Estate City Attorney
CA 1 53
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT (this "Agreement"), made this 19th day of September,
2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
corporation of the Commonwealth of Virginia ("Grantor", "City"); and TOWN CENTER
ASSOCIATES 9, L.L.C., a Virginia limited liability company ("Grantee").
WITNESSETH:
WHEREAS, Grantee is the owner of the property more particularly described on
Exhibit A attached hereto (the "Grantee Property");
WHEREAS, Grantee desires to construct certain improvements attached to the
Grantee Property that include certain structures and improvements which extend
beyond the boundaries of the Grantee Property and encroach onto property owned by
City being portions of the rights-of-way for Commerce Street, Central Park Avenue and
Columbus Street (the areas on which the Temporary Encroachments (as defined below)
exist shall be referred to herein as the "Encroachment Areas"), which encroachments
extend from the Apartments Unit and that certain limited common element appurtenant
to both the Retail Unit and the Apartments Unit and located at the south side of the
Condominium Building on the second floor level and consist solely of concrete slabs
with EIFS cladding on steel tube structure and aluminum railing with glass infill above
the slabs, architectural facing and soffits (collectively, the "Improvements"), the locations
of which are more particularly shown on Exhibit B attached hereto consisting of Exhibits
Grantee Property GPINs: 1477-54-1429-1000(Retail Unit) & 1477-54-1429-2000(Apartments Unit)
(CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED)
C-1 through C-4 and D-1 through D-6. The Improvements are referred to herein as the
"Temporary Encroachments";
WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee,
to temporarily construct and maintain the Temporary Encroachments in the
Encroachment Areas subject to terms of this Agreement.
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), in hand paid to the City, receipt of which is hereby acknowledged, the City
hereby grants to the Grantee temporary permission to construct, retain and use the
Encroachment Areas for the purpose of constructing and maintaining the Temporary
Encroachments.
Grantee shall not be permitted to make changes to the Temporary
Encroachments without the prior written consent of City, which consent can be withheld
at City's sole discretion. Any changes to the Temporary Encroachments shall be
constructed (a) in a good and workmanlike manner and (b) in accordance with the laws
of the Commonwealth of Virginia and the City of Virginia Beach.
Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachments from the
Encroachment Areas, 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
Encroachments herein authorized shall terminate upon notice by the City to the Grantee
(the "Termination Notice"), and that within one hundred eighty (180) days after the
notice is given, the Temporary Encroachments must be removed from the
2
Encroachment Areas by the Grantee; and that the Grantee will bear all costs and
expenses of such removal. In the event that Grantee fails to remove the Temporary
Encroachments within such one hundred eighty (180) day period, then City shall have
the right to remove the Temporary Encroachments at Grantee's sole cost and expense.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
claims, damages, losses and expenses, including reasonable attorney's fees, arising
out of the construction, location or existence of the Temporary Encroachments.
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 the Temporary
Encroachments specified herein and to the limited extent specified herein; provided,
however, in the event of a casualty or damage to or destruction of the Temporary
Encroachments, and provided the provisions of this Agreement are otherwise satisfied
and the City had not given the Termination Notice prior to such casualty or damage to
or destruction of the Temporary Encroachments, the Grantee shall be entitled to
reconstruct the Temporary Encroachments pursuant to this Agreement in substantially
the same location and with substantially the same materials without the need for
approval by the City Council of the City of a new Encroachment Agreement, provided
such reconstructed Temporary Encroachments shall be contained within the
Encroachment Areas.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments in good condition and repair. The Temporary
Encroachments shall not become unsightly or hazardous.
3
It is further expressly understood and agreed that the Grantee must
submit and have approved (by all applicable authorities and jurisdictions) a traffic
control plan before commencing any work in the Encroachment Areas.
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 Areas.
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, in addition to obtaining City's written approval
(which approval may be withheld at City's sole discretion), the Grantee must also post a
bond or other security, in the amount of two times their engineer's cost estimate, to the
Office of Planning Department to guard against damage to City property or facilities
during any construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City for the Temporary Encroachments, and all insurance
policies must name the City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or
policies covering the Temporary Encroachments. 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 such insurance policies.
The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the construction, location, and/or existence of the Temporary
Encroachments.
4
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Areas, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments 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 Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Areas, 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 Encroachments are
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.
The provisions of this Agreement shall be binding upon the Grantee and
the respective successors and assigns of the Grantee. Upon transfer of title to the
Grantee Property, the rights and obligations of the Grantee hereunder shall transfer
automatically to the transferee of the Grantee Property, and the transferor of the
Grantee Property shall be released from all liability arising from facts or circumstances
arising after the date of recordation of the instrument transferring the Grantee Property.
5
IN WITNESS WHEREOF, the Grantee has caused this Agreement to be
executed on its behalf by a duly authorized representative, with due authority to bind
said limited liability company. 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, or
authorized designee, and its seal be hereunto affixed and attested by its City Clerk.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
6
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
2019, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number.
My Commission Expires:
(SEAL)
ATTEST:
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
7
TOWN CENTER ASSOCIATES 9, L.L.C.,
a Virginia limited liability company
By: ARMADA HOFFLER MANAGER, LLC,
a Virginia limited liability company,
MANAGER
By: wim, , Manager
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrume t was cknowledged before me this ri day of
/Thri, f.
II .�,: , 2019, by j , Manager of Armada Hoffler Manager,
LLC, a Virginia limited liability company, Manager of Columbus Tower, L.L.C., a Virginia
limited liability company, on behalf of the company.
ii `��tttU�rururrr�y�
R0ss
�_r L .''C •''�oAONWF,�.Y�� ����
Notary Public =m GC.
to;REGISTRATION N0.'.7�
as tOO o ,MY COMM.EXPIRES;221082 :�_
Notary Registration Number: 10/31/2021
6thiO
,�� � j'O� RGtN� .;GMy Commission Expires: c2 �'��.or-RY P�0,\> �•
/I//rrrnm�tt`t
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE
DEPARTMENT
8
EXHIBIT A
[Description of the Grantor Property]
THOSE certain condominium units known as "Retail Unit" and
"Apartments Unit" in Town Center Condominium 9, located in the City of
Virginia Beach, Virginia, and as further designated and described in that
certain declaration entitled "DECLARATION OF CONDOMINIUM OF
TOWN CENTER CONDOMINIUM 9" and recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia as Instrument
Number 20170630000554960 (hereinafter referred to as the
"Declaration"), together with their respective applicable undivided interests
in certain common elements, all as more particularly described and
allocated in the Declaration, as amended from time to time.
9
EXHIBIT B
[See Attached Sketches of Temporary Encroachments
on Exhibits C-1 through C-4 and D-1 through D-6]
S:\Clients\6407\025\Encroachment Agreement-TCA9.doc
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT (this "Agreement"), made this day of
, 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and
ZEIDERS AMERICAN DREAM THEATER, a Virginia non-stock corporation ("Grantee").
WITNESSETH:
WHEREAS, Grantee is the owner of the property more particularly described on
Exhibit A attached hereto (the "Grantee Property");
WHEREAS, Grantee desires to construct certain improvements attached to the
Grantee Property that include certain structures and improvements which extend
beyond the boundaries of the Grantee Property and encroach onto property owned by
City being portions of the right-of-way for Market Street (the areas on which the
Temporary Encroachments (as defined below) exist shall be referred to herein as the
"Encroachment Areas"), which encroachments extend from the Theater Unit and consist
solely of architectural facing and canted architectural facing (collectively, the
"Improvements"), the locations of which are more particularly shown on Exhibit B
attached hereto consisting of Exhibits A-1, A-2, B-1 & B-2. The Improvements are
referred to herein as the "Temporary Encroachments";
WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee,
to temporarily construct and maintain the Temporary Encroachments in the
Encroachment Areas subject to terms of this Agreement.
Grantee Property GPIN: 1477-54-1429-3000(Theater Unit)
(CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED)
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), in hand paid to the City, receipt of which is hereby acknowledged, the City
hereby grants to the Grantee temporary permission to construct, retain and use the
Encroachment Areas for the purpose of constructing and maintaining the Temporary
Encroachments.
Grantee shall not be permitted to make changes to the Temporary
Encroachments without the prior written consent of City, which consent can be withheld
at City's sole discretion. Any changes to the Temporary Encroachments shall be
constructed (a) in a good and workmanlike manner and (b) in accordance with the laws
of the Commonwealth of Virginia and the City of Virginia Beach.
Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachments from the
Encroachment Areas, 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
Encroachments herein authorized shall terminate upon notice by the City to the Grantee
(the "Termination Notice"), and that within one hundred eighty (180) days after the
notice is given, the Temporary Encroachments must be removed from the
Encroachment Areas by the Grantee; and that the Grantee will bear all costs and
expenses of such removal. In the event that Grantee fails to remove the Temporary
Encroachments within such one hundred eighty (180) day period, then City shall have
the right to remove the Temporary Encroachments at Grantee's sole cost and expense.
2
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
claims, damages, losses and expenses, including reasonable attorney's fees, arising
out of the construction, location or existence of the Temporary Encroachments.
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 the Temporary
Encroachments specified herein and to the limited extent specified herein; provided,
however, in the event of a casualty or damage to or destruction of the Temporary
Encroachments, and provided the provisions of this Agreement are otherwise satisfied
and the City had not given the Termination Notice prior to such casualty or damage to
or destruction of the Temporary Encroachments, the Grantee shall be entitled to
reconstruct the Temporary Encroachments pursuant to this Agreement in substantially
the same location and with substantially the same materials without the need for
approval by the City Council of the City of a new Encroachment Agreement, provided
such reconstructed Temporary Encroachments shall be contained within the
Encroachment Areas.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments in good condition and repair. The Temporary
Encroachments shall not become unsightly or hazardous.
It is further expressly understood and agreed that the Grantee must
submit and have approved (by all applicable authorities and jurisdictions) a traffic
control plan before commencing any work in the Encroachment Areas.
3
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 Areas.
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, in addition to obtaining City's written approval
(which approval may be withheld at City's sole discretion), the Grantee must also post a
bond or other security, in the amount of two times their engineer's cost estimate, to the
Office of Planning Department to guard against damage to City property or facilities
during any construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City for the Temporary Encroachments, and all insurance
policies must name the City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or
policies covering the Temporary Encroachments. 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 such insurance policies.
The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Areas, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
4
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments 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 Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Areas, 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 Encroachments are
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.
The provisions of this Agreement shall be binding upon the Grantee and
the respective successors and assigns of the Grantee. Upon transfer of title to the
Grantee Property, the rights and obligations of the Grantee hereunder shall transfer
automatically to the transferee of the Grantee Property, and the transferor of the
Grantee Property shall be released from all liability arising from facts or circumstances
arising after the date of recordation of the instrument transferring the Grantee Property.
IN WITNESS WHEREOF, the Grantee has caused this Agreement to be
executed on its behalf by a duly authorized representative, with due authority to bind
said limited liability company. Further, that the City of Virginia Beach has caused this
5
Agreement to be executed in its name and on its behalf by its City Manager, or
authorized designee, and its seal be hereunto affixed and attested by its City Clerk.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
6
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2019, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
7
ZEIDERS AMERICAN DREAM THEATER,
a Virginia non-stock co or
By:
Micha I D. et ers, airman
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit: ,,,,
The foregoing instrument was acknowledged before me thisdge4ay of
tei►+ ier , 2019, by Michael D. Zeiders, Chairman of Zeiders American Dream
Theater, a Virginia non-stock corporation, on its behalf.
Notary Pu lic
Notary Registration Number: 75 C
My Commission Expires: G I EVERETT D.JUDD
NOTARY PUEJC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JUNE SO.2021
COMMISSION al 7345452
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE
DEPARTMENT
8
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY, a political subdivision of the
Common eIith of Virginia
By:
Name: PO / r/ L 'id
Title: Chair/V.i
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Si-
The foregoing instrument was acknowledged before me this __ -day of
Ala.y , 2019, by Om thy L. WDOC Chair/Viee—Gheir of City of Virginia
Beach Development Authority, a political subdivision of the Commonwealth of Virginia,
on its behalf.
Nota Public (//72
Notary Registration Number: /q'/t �� O(3 29 4'.(p�H�A RY P�•s•.ri�i,'•,
6.�
:0 % 0 T.
My Commission Expires: (l �/3/ . : MY fin:
2/ . o i COMMISSION
/ Z 0 : NUMBER :Q
:•• 194674
•, y ••.....••'�\Q'
'• �A LTH OF ••`
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENC RM
SI lATURE
OPIONIgtAt
DEPARTMENT
8
EXHIBIT A
[Description of the Grantor Property]
THAT certain condominium unit known as "Theater Unit" in Town Center
Condominium 9, located in the City of Virginia Beach, Virginia, and as
further designated and described in that certain declaration entitled
"DECLARATION OF CONDOMINIUM OF TOWN CENTER
CONDOMINIUM 9" and recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia as Instrument Number
20170630000554960 (hereinafter referred to as the "Declaration"),
together with its applicable undivided interest in certain common elements,
all as more particularly described and allocated in the Declaration, as
amended from time to time.
9
EXHIBIT B
[See Attached Sketches of Temporary Encroachments
on Exhibits A-1, A-2, B-1 & B-2]
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT (this "Agreement"), made this day of
, 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the
Commonwealth of Virginia ("Grantee").
WITNESSETH:
WHEREAS, Grantee is the owner of the property more particularly described on
Exhibit A attached hereto (the "Grantee Property");
WHEREAS, Grantee desires to construct certain improvements attached to the
Grantee Property that include certain structures and improvements which extend
beyond the boundaries of the Grantee Property and encroach onto property owned by
City being portions of the rights-of-way for Commerce Street, Market Street and
Columbus Street (the areas on which the Temporary Encroachments (as defined below)
exist shall be referred to herein as the "Encroachment Areas"), which encroachments
extend from the Plaza Unit and consist solely of concrete slabs with EIFS cladding on
steel tube structure and aluminum railing with glass infill above the slabs (collectively,
the "Improvements"), the locations of which are more particularly shown on Exhibit B
attached hereto consisting of Exhibits A-1, A-2, B-1 & B-2. The Improvements are
referred to herein as the "Temporary Encroachments";
Grantee Property GPIN: 1477-54-1429-4000 (Plaza Unit)
(CITY RIGHT OF WAY—NO GPIN REQUIRED OR ASSIGNED)
WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee,
to temporarily construct and maintain the Temporary Encroachments in the
Encroachment Areas subject to terms of this Agreement.
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), in hand paid to the City, receipt of which is hereby acknowledged, the City
hereby grants to the Grantee temporary permission to construct, retain and use the
Encroachment Areas for the purpose of constructing and maintaining the Temporary
Encroachments.
Grantee shall not be permitted to make changes to the Temporary
Encroachments without the prior written consent of City, which consent can be withheld
at City's sole discretion. Any changes to the Temporary Encroachments shall be
constructed (a) in a good and workmanlike manner and (b) in accordance with the laws
of the Commonwealth of Virginia and the City of Virginia Beach.
Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachments from the
Encroachment Areas, 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
Encroachments herein authorized shall terminate upon notice by the City to the Grantee
(the "Termination Notice"), and that within one hundred eighty (180) days after the
notice is given, the Temporary Encroachments must be removed from the
Encroachment Areas by the Grantee; and that the Grantee will bear all costs and
expenses of such removal. In the event that Grantee fails to remove the Temporary
2
Encroachments within such one hundred eighty (180) day period, then City shall have
the right to remove the Temporary Encroachments at Grantee's sole cost and expense.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
claims, damages, losses and expenses, including reasonable attorney's fees, arising
out of the construction, location or existence of the Temporary Encroachments.
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 the Temporary
Encroachments specified herein and to the limited extent specified herein; provided,
however, in the event of a casualty or damage to or destruction of the Temporary
Encroachments, and provided the provisions of this Agreement are otherwise satisfied
and the City had not given the Termination Notice prior to such casualty or damage to
or destruction of the Temporary Encroachments, the Grantee shall be entitled to
reconstruct the Temporary Encroachments pursuant to this Agreement in substantially
the same location and with substantially the same materials without the need for
approval by the City Council of the City of a new Encroachment Agreement, provided
such reconstructed Temporary Encroachments shall be contained within the
Encroachment Areas.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments in good condition and repair. The Temporary
Encroachments shall not become unsightly or hazardous.
3
It is further expressly understood and agreed that the Grantee must
submit and have approved (by all applicable authorities and jurisdictions) a traffic
control plan before commencing any work in the Encroachment Areas.
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 Areas.
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, in addition to obtaining City's written approval
(which approval may be withheld at City's sole discretion), the Grantee must also post a
bond or other security, in the amount of two times their engineer's cost estimate, to the
Office of Planning Department to guard against damage to City property or facilities
during any construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City for the Temporary Encroachments, and all insurance
policies must name the City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or
policies covering the Temporary Encroachments. 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 such insurance policies.
The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the construction, location, and/or existence of the Temporary
Encroachments.
4
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Areas, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments 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 Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Areas, 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 Encroachments are
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.
The provisions of this Agreement shall be binding upon the Grantee and
the respective successors and assigns of the Grantee. Upon transfer of title to the
Grantee Property, the rights and obligations of the Grantee hereunder shall transfer
automatically to the transferee of the Grantee Property, and the transferor of the
Grantee Property shall be released from all liability arising from facts or circumstances
arising after the date of recordation of the instrument transferring the Grantee Property.
5
IN WITNESS WHEREOF, the Grantee has caused this Agreement to be
executed on its behalf by a duly authorized representative, with due authority to bind
said limited liability company. 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, or
authorized designee, and its seal be hereunto affixed and attested by its City Clerk.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
6
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2019, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk Natal
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2019, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
7
EXHIBIT A
[Description of the Grantor Property]
THAT certain condominium unit known as "Plaza Unit" in Town Center
Condominium 9, located in the City of Virginia Beach, Virginia, and as
further designated and described in that certain declaration entitled
"DECLARATION OF CONDOMINIUM OF TOWN CENTER
CONDOMINIUM 9" and recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia as Instrument Number
20170630000554960 (hereinafter referred to as the "Declaration"),
together with its applicable undivided interest in certain common elements,
all as more particularly described and allocated in the Declaration, as
amended from time to time.
9
EXHIBIT B
[See Attached Sketches of Temporary Encroachments
on Exhibits A-1, A-2, B-1 & B-2]
S:\Clients\6407\025\Encroachment Agreement-VBDA.doc
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TOP_OF ROOF ENC. COORDINATE VALUES EXPRESSED IN US
SURVEY FEE
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THE PROPERTY LINES AND EXISTING
CONDITIONS SHOWN ON THIS PLAN ARE
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THIS EXHIBIT IS INTENDED FOR AN
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EX B-2 SCALE: NTS EX B-2 SCALE: NTS
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COX,�ewer& EXHIBIT EX : B-2 , TH 041
40111t1air..P.C. PROJECT NAME: BLOCK 9 THEATER AND PLAZA es I�Ai '•7
SKETCH DESCRIPTION: ENCROACHMENTS OVER LAWRE • I, ER,JR.
MARKET ST. AND COLUMBUS ST. ilif. 960
PROJECT NUMBER: 21619.02 DATE: 03.07.19 i ii I
A B C II IT " Li " BY: CMD CHK'D: JDL SCALE: NTS SHEET: 4 OF: 14
2533 VIRGINIA BEACH BOULEVARD �' 4RCHITEC'S
VIRGINIA BEACH.V1RGBNJA•23462-7635
Voice757.31-0033•Fuiimik757-463.0380 DRAWING FILE NAME:21619_01_Encroachment_Plans PRINT DATE:3/13/19
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48
ITEM— VI.K.8a
ORDINANCES/RESOLUTIONS
ITEM#69709
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from U.S. Department of Homeland Security
to FY2019-20 Fire Department Operating Budget:
a. $58,836 and TRANSFER $5,868 within the Operating Budget re National Fire
Protection Association Swiftwater Rescue Training
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $58,836 FROM THE U. S. DEPARTMENT OF
3 HOMELAND SECURITY TO PROVIDE TRAINING
4 NEEDED TO RESPOND TO EMERGENCY
5 SITUATIONS REQUIRING MARINE SEARCH AND
6 RESCUE ACTIVITIES AND TO TRANSFER FUNDS
7 FORA MATCH
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA THAT:
11
12 1. $58,836 is hereby accepted from the U. S. Department of Homeland Security
13 and appropriated, with federal revenue increased accordingly, to the FY 2019-
14 20 Operating Budget of the Fire Department to provide 24 hours of training that
15 meets National Fire Protection Association Swiftwater Rescue Training
16 Standards to 80 firefighters.
17
18 2. $5,868 in State Aid to Localities are hereby transferred within the Fire
19 Department's FY 2019-20 Operating Budget to provide the required local
20 match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of October , 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:
Aitl
Budget and Management Services .City~A(orney's Office
CA14897
R-1
September 25, 2019
49
ITEM— VLK.8b
ORDINANCES/RESOLUTIONS
ITEM#69710
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE from U.S. Department of Homeland Security
to FY2019-20 Fire Department Operating Budget:
b. $47,175 and TRANSFER$15,725 within the Operating Budget re purchase of sonar
and mapping equipment for fireboats
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $47,175 IN PORT SECURITY GRANT FUNDS FROM
3 THE U. S. DEPARTMENT OF HOMELAND SECURITY
4 TO SUPPORT THE FIRE DEPARTMENT MARINE
5 TEAM AND TO TRANSFER FUNDS FOR A MATCH
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
10 1 . $47,175 is hereby accepted from the U.S. Department of Homeland Security
11 and appropriated, with federal revenue increased accordingly, to the FY 2019-
12 20 Operating Budget of the Fire Department for the purchase of sonar
13 equipment for one fireboat and mapping equipment for all three of the
14 department's fireboats.
15
16 2. $15,725 in State Aid to Localities funds are hereby transferred within the Fire
17 Department's FY 2019-20 Operating Budget to provide the local match.
18
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of October , 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:
Budget and Management Services ttor ey's66iffice
CA14899
R-1
September 25, 2019
50
ITEM— VI.K.9a
ORDINANCES/RESOLUTIONS
ITEM#69711
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $150,000from Virginia Department ofBehavioral Health and Developmental Services
to FY2019-20 Human Services Operating Budget re hosting the 2020 Crisis
Intervention Team (CITE Conference and Training Symposium
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott,Michael F.Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $150,000 IN FUNDS FROM THE COMMONWEALTH FOR
3 THE CRISIS INTERVENTION TEAM CONFERENCE AND
4 TRAINING SYMPOSIUM
5
6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $150,000 from the Virginia Department of Behavioral Health and Developmental
10 Services, Office of Forensic Services, is hereby accepted and appropriated, with revenue
11 from the Commonwealth increased accordingly, to the FY 2019-2020 Department of
12 Human Services Operating Budget for expenditures related to the 2020 Crisis
13 Intervention Team (CIT) Conference and Training Symposium.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of
October 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:
Budge and Management Services torney s Office
CA14903
R-1
October 2, 2019
51
ITEM— VI.K.9b
ORDINANCES/RESOLUTIONS
ITEM#69712
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $141,501 from Virginia Department of Transportation (VDOT) to CIP 2-300 Traffic
Safety Improvements III re Greenwell Road sidewalk and CIP 9-276 Cape Henry Light
House Restoration II
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 SURPLUS FUNDING FROM THE VIRGINIA DEPARTMENT
3 OF TRANSPORTATION TO CAPITAL PROJECTS # 2-300,
4 "TRAFFIC SAFETY IMPROVEMENTS III" AND # 9-276,
5 "CAPE HENRY LIGHTHOUSE RESTORATION II"
6
7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
10 1 . $133,212 in federal pass-through surplus Transportation Alternatives
11 Program revenue is hereby accepted from the Virginia Department of Transportation and
12 appropriated, with federal revenues increased accordingly, to CIP#2-300, "Traffic Safety
13 Improvements III" for the Greenwell Road Sidewalk sub-project.
14
15 2. $8,289 in federal pass-through surplus Transportation Alternatives Program
16 revenue is hereby accepted from the Virginia Department of Transportation and
17 appropriated, with federal revenues increased accordingly, to CIP # 9-276, "Cape Henry
18 Lighthouse Restoration II."
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of
October 2019.
Requires an affirmative vote by a majority of all the of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services 'City Attorney's Office
CA14902
R-1
October 2, 2019
52
ITEM— VI.K.10
ORDINANCES/RESOLUTIONS
ITEM#69713
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER $1-Million from CIP 2-418 Indian River Road/Kempsville Road
Intersection Improvements to CIP 2-126 Laskin Road Phase I-A re Congestion Mitigation and Air Quality
Program and AMEND programmed funding to provide$1-Million to CIP 2-418 in FY2020-21
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
1 AN ORDINANCE TO TRANSFER $1,000,000 FROM
2 CAPITAL PROJECT 2-418, "INDIAN RIVER ROAD /
3 KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS,"
4 TO CAPITAL PROJECT 2-126, "LASKIN ROAD PHASE 1-A,"
5 AND TO AMEND PROGRAMMED FUNDING IN CAPITAL
6 PROJECT 2-418
7
8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA THAT:
10
11 1. $1,000,000 in local funding is hereby transferred from CIP # 2-418, "Indian
12 River Road / Kempsville Road Intersection Improvements to CIP # 2-126,
13 "Laskin Road Phase 1-A," in the FY 2019-20 Capital Improvement Program.
14
15 2. The programmed funding for CIP # 2-418 in the City's Capital Improvement
16 Program shall be amended to provide $1 ,000,000 in FY 2020-21 from
17 Congestion Mitigation and Air Quality Programs funds.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 th day of
October 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services `Attorneys Office
CA14901
R-1
October 2, 2019
53
ITEM—VI-L.1
PLANNING ITEM#69714
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED,AS
PROFFERED, BY CONSENT, Application of ANTHONY P. & KELLY LYNN SPERA for a
Conditional Change of Zoning(0-2 Office to Conditional A-12 Apartment)re construction of 240 square
foot accessory structure at the Northern corner of Hinsdale Street, across from 520 Constitution Drive
DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ANTHONY P. & KELLY LYNN SPERA for a Conditional Change of
Zoning(0-2 Office to Conditional A-12 Apartment)re construction of 240
square foot accessory structure at the Northern corner of Hinsdale Street,
across from 520 Constitution Drive (GPIN 1477580534) DISTRICT 4—
BAYSIDE
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
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 15`h day of October Two
Thousand Nineteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
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7
CITY OF VIRGINIA BEACH
,� t �' ''p a INTER-OFFICE CORRESPONDENCE
.+L,i,P -,a �, y' �
Y d'
d 0;~OUR NA 510NS
In Reply Refer To Our File No. DF-10353
DATE: October 3, 2019
TO: Mark D. Stiles ( ,1 DEPT: City Attorney
FROM: B. Kay Wilson 103 DEPT: City Attorney
RE: Conditional Zoning Application; Anthony and Kelly Spera
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 15, 2019. I have reviewed the subject proffer agreement, dated
May 1, 2019 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
ANTHONY P. SPERA and KELLY LYNN SPERA, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 1st day of May, 2019,by and between ANTHONY P.
SPERA and KELLY LYNN SPERA, husband and wife, Grantor; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain piece or parcel of land located in
the Bayside District of the City of Virginia Beach, containing 9,661 square feet, which is
more particularly described in Exhibit"A"attached hereto and incorporated herein by this
reference. Said parcel is herein referred to as the "Property"; and
WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change
the Zoning Classification of the Property from Conditional 0-2 Office District to
Conditional A-12 Apartment District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantor's proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantor's rezoning application gives rise; and
PREPARED BY GPIN: 1477-58-0534-0000
S SYICES BOURDON, Prepared by:
�- AIIERN&LEVY,P.C. R.Edward Bourdon,Jr.,Esquire
VSB#2216o
Sykes,Bourdon,Ahern&Levy,P.C.
281 Independence Boulevard
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW,THEREFORE,the Grantor, its successors,personal representatives, assigns,
grantees, and other successors in title or interest,voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning,site plan,building permit,or subdivision
approval,hereby makes the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in interest or title:
1. The Grantor as the owners of the adjoining Site 6, Lot 8, Plat of Pembroke
Park with their home thereon ("Site 6"), must combine the Property with Site 6 by
preparing and submitting a Resubdivision Plat to the Grantee's Development Services
Center for recordation,which vacates the shared property line to create one (1) contiguous
parcel. The Resubdivision Plat shall contain a dedication of additional right of way along
the north side of Hinsdale Street to the Grantee to incorporate the existing improved
roadway, curb and gutter and sidewalk within said right of way and the Grantor shall
record a Deed of Easement creating a Private Pedestrian Ingress-Egress Easement from
Constitution Drive for the benefit of Sites Numbered i thru 5, Lot numbered 8,on that Plat
Entitled "PEMBROKE PARK, M.B. 82, P. 3o".
2. No dwelling or other structure shall be permitted to be constructed or
installed on the Property which is the subject of this rezoning except the 12' x 20' frame
shed and a 4' high vinyl clad, wrought iron style fence as depicted on the "EXHIBIT OF
VACANT LOT, GPIN #14775805340000, VIRGINIA BEACH, VIRGINIA PARCEL A
PREPARED BY:
. B SYIkES.11OURDON. PEMBROKE PARK M.B. 82, P. 30 FOR: ANTHONY SPERA", dated January 14, 2019,
V L ARM&LEVY.P.C. prepared by Gallup Surveyors & Engineers, Ltd. which has been exhibited to the Virginia
2
Beach City Council and is on file with the Department of Planning & Community
Development ("Rezoning Exhibit").
3. The frame shed and fencing depicted on the Rezoning Exhibit shall have the
appearance and use the materials substantially as depicted on the exhibit entitled, "Shed
and Fence Details for Parcel A, Pembroke Park", dated May 1, 2019, which has been
exhibited to the Virginia Beach City Council and is on file with the Department of Planning
&Community Development.
4. Further conditions may be required by the Grantee during detailed Site Plan
and/or Subdivision review and administration of applicable City Codes by all cognizant
City agencies and departments to meet all applicable City Code requirements.
All references hereinabove to the 0-2 Office and A-12 Apartment Districts and to
the requirements and regulations applicable thereto refer to the Comprehensive Zoning
Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia,in force as of
the date of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or
a resolution adopted by the governing body of the Grantee, after a public hearing before
the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded, said
PREPARED BY:
Eiffl SYKES,BOURDON, instrument shall be void.
MI AHEERN&LEVY.P.C. The Grantor covenants and agrees that:
3
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied,and(b)to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property,and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed
in the names of the Grantor and the Grantee.
PREPARED BY:
6 SYK£S.ROURDON.
L AHERN&MY,P.C.
4
WITNESS the following signatures and seals:
Grantor:
•
(SEAL)
An ony P. era
(SEAL)
Kelly nera
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 6th day of May, 2019,
by Anthony P. Spera and Kelly Lynn Spera, husband and wife, Grantor.
de'/\/We4146
Notary Public
My Commission Expires: August 31, 2022 gyp.R. l5l ..
Notary Registration Number: 192628 f
c,oMMo4 c �%
144.
PUBLIC
PREPARED BY:
16. SYIkES.POURDON.
AI-IMN&LEVY.P.C.
5
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, if
any, and the appurtenances thereunto belonging, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as "Parcel A", on
that certain plat entitled"Subdivision of Pembroke Park",dated November, 1969, made by
Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,Virginia, in Map Book 82, at Page 3o.
GPIN: 1477-58-0534-00oo
H:\AM\Conditional Rezoning\Spera\Proffer Agreement.docx
PREPARED BY:
B SYKES.BOURDON,
V L AIHERN&LEVY.P.C.
6
54
ITEM—VI-L.2
PLANNING ITEM#69715
The following registered to speak:
Stephen Romine,Attorney for Applicant, spoke in SUPPORT
Mark Gilbert, 1281 Southfield Place, Phone: 719-0200, spoke in OPPOSITION
William Jennings, 1444 N. Woodhouse Road, Phone: 481-5416, spoke in OPPOSITION
Jim Ramsey, 1444 N. Woodhouse Road, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council,APPROVED,
AS CONDITIONED, Application of HALLE PROPERTIES, LLC/PCS HILLTOP, LLC, HILLTOP
SQUARE INVESTORS, LLC& TRISIB HILLTOP, LLC for a Conditional Use Permit re automobile
repair garage at 1657 Laskin Road DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
HALLE PROPERTIES, LLC/ PCS HILLTOP, LLC, HILLTOP
SQUARE INVESTORS, LLC & TRISIB HILLTOP, LLC for a
Conditional Use Permit re automobile repair garage at 1657 Laskin Road
(GPIN 2407885721)DISTRICT 6—BEACH
The following conditions shall be required:
1. When the property is developed, it shall be in substantial conformance with the submitted exhibit
entitled, "DISCOUNT TIRE STORE 1657 LASKIN RD VIRGINIA BEACH, VA 23454",prepared
by H& T Consultants, Inc., dated May 2019, which has been exhibited to the Virginia Beach
City Council and is on file with the Department of Planning and Community Development.
2. The architectural style and quality of materials used for the proposed structure to be constructed
on the Property, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL
EXTERIOR ELEVATIONS 1657 LASKIN RD VIRGINIA BEACH, VA 23451", prepared by
Architectural Resource Team, dated June 10, 2019, which has been exhibited to the Virginia
Beach City Council and is on file with the Department of Planning and Community Development.
3. A Landscape Plan that is reflective at a minimum of the plant material shown on the submitted
site layout referenced in Condition One (1) and that includes street trees installed along both
rights-of-way, as described in the Virginia Beach Landscaping Guide, shall be submitted and
approved by the Development Services Center Landscape Architect prior to final site plan
approval.
4. Any freestanding sign located on the Property shall be monument style and no taller than eight
(8)feet,from the top of the sign to the ground level at the base of the sign. A sign permit shall
be obtained from the Zoning Division prior to the installation of any free-standing sign on the
site.
5. All other signage on the site shall comply with the requirements of Sections 211, 212, 213, 214,
216 and 905 of the City Zoning Ordinance. A separate sign permit shall be obtained from the
Zoning Division prior to the installation of any signage.
October 15, 2019
55
ITEM—VI-L.2
PLANNING
ITEM#69715
(Continued)
6. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners,
strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall
be no signs which are painted,pasted or attached to the windows, utility poles, trees, or fences,
or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural
signs, or electronic display signs on the site.
7. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that
they may be located outdoors for a period of no more than 24 hours from the time the vehicle is
placed on the site. Following that time period, all such vehicles shall only be permitted to be
stored within the building with the overhead bay doors closed.
8. There shall be no outside storage of equipment,parts, tires, or materials.
9. No outside paging or amplified music system shall be permitted.
10. All vehicle repair and tire installation shall take place inside the building.
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 15`h day of October Two
Thousand Nineteen.
Voting: 8-2
Council Members Voting Aye:
Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Louis R.
Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, and Sabrina D.
Wooten
Council Members Voting Nay:
Barbara M. Henley
Vice Mayor James L. Wood
Council Members Absent:
Rosemary Wilson
October 15, 2019
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ITEM—VI-L.3
PLANNING
ITEM#69716
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council,APPROVED,AS
CONDITIONED, BY CONSENT, Application of SAIR ENTERPRISES, INC.for a Conditional Use
Permit re motor vehicle sales at 3096 South Lynnhaven Road DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SAIR ENTERPRISES, INC. for a Conditional Use Permit re motor
vehicle sales at 3096 South Lynnhaven Road (GPIN 1497107039)
DISTRICT 6—BEACH
The following conditions shall be required:
1. All vehicles for sale shall be limited to automobiles and no more than four(4) vehicles displayed
for sale shall be located in the parking lot as depicted on the plan.No more than eight(8)additional
vehicles for sale shall be stored to the west of the building as depicted on the plan. No vehicles
shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure
designated to display a vehicle higher than the elevation of the main parking lot.
2. There shall be no storage of tires, merchandise, or debris of any kind outside of the building.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
4. A six(6)foot high fence is required along the edge of pavement adjacent to the inventory storage
area in the rear of the property. All existing landscaping and screening must be maintained in
good condition.
5. There shall be no outside audio speakers for any purpose.
6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit
shall be obtained from the Planning Department for the installation of any signage.
7. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings
of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs
which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an
unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or
electronic display signs on the site.
8. There shall be no neon or electronic display signs or accents installed on any wall area of the
exterior of the building, in or on the windows, or on the doors. No window signage shall be
permitted.
9. 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.
10. All outdoor lighting fixtures shall be shielded away from the adjacent residential uses.
October 15, 2019
57
ITEM—VI-L.3
PLANNING
ITEM#69716
(Continued)
This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of October Two
Thousand Nineteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
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ITEM—VI-L.4
PLANNING
ITEM#69717
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS
CONDITIONED, BY CONSENT, Application of HR KEMPSRIVER, LLC/BONNEY'S CORNER
ASSOCIATES for a Conditional Use Permit re indoor recreation facility at 1205 Fordham Drive
DISTRICT 2-KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
HR KEMPSRIVER, LLC/BONNEY'S CORNER ASSOCIATES for a
Conditional Use Permit re indoor recreation facility at 1205 Fordham
Drive (GPIN 2405665160)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. The applicant shall obtain all necessary permits and inspections from the Department of Planning
and Community Development Permit and Inspections Division, the Health Department, and the
Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building
Official's Office prior to commencing operation.
2. The maximum number of individuals within the facility shall not exceed the maximum number as
determined by the Fire Marshal.
3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance,
unless authorized by the Board of Zoning Appeals.
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 15`h day of October Two
Thousand Nineteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
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ITEM—VI-L.5
PLANNING
ITEM#69718
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS
CONDITIONED, BY CONSENT, Application of THE GLAM LIFE BEAUTY BAR, LLC/MI HR
HAYGOOD, LLC for a Conditional Use Permit re tattoo parlor at 4663 Haygood Road, Suite 207
DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THE GLAM LIFE BEAUTY BAR,LLC/KH HR HAYGOOD,LLC for
a Conditional Use Permit re tattoo parlor at 4663 Haygood Road, Suite
207(GPIN 1478369360)DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval
of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code.
2. The Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing
technique used in the application of permanent make-up. No other form of tattooing shall be
permitted.
3. The actual application of permanent make-up shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance,
and there shall be no neon,electronic display or similar sign installed on the exterior of the building
or in any window, or on the doors. A separate sign permit shall be obtained from the Planning
Department for the installation of any new signs.
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 1S`day of October Two Thousand
Nineteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
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ITEM—VI-L.6
PLANNING ITEM#69719
Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council,APPROVED,AS
CONDITIONED,BY CONSENT,Application of DAVID& CAROL HAWKINS for a Conditional Use
Permit re residential kennel at 2125 Tennyson Court DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DAVID & CAROL HAWKINS for a Conditional Use Permit re
residential kennel at 2125 Tennyson Court (GPIN 2414471685)
DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The Conditional Use Permit shall be limited to a maximum of six(6)adult dogs. At any such time
if any of the dogs covered by the Conditional Use Permit are removed from this property for any
reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to
replace the dog(s). The applicant may keep up to four(4)dogs as allowed by the Zoning Ordinance
without a Conditional Use Permit.
2. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof/
insulated and air-conditioned building.
3. All animal waste from the dogs 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. The existing fences on the property shall be maintained in good condition.
6. No dog shall be left outdoors unattended for long periods of time. As volunteered by the applicant,
the dogs shall be inside of the single-family dwelling for the majority of the day, with an exception
to breaks for urination, defecation, and daily exercise.
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 15`h day of October Two
Thousand Nineteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara
M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower,
Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Rosemary Wilson
October 15, 2019
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61
ITEM VI-M.
APPOINTMENTS
ITEM#69720
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
—BUILDING MAINTENANCE DIVISION
—ELECTRICAL DIVISION
—NEW CONSTRUCTION DIVISION
—PLUMBING AND MECHANICAL DIVISION
COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
HISTORICAL REVIEW BOARD
INVESTIGATIVE REVIEW PANEL
OCEANA LAND USE CONFORMITY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
SOUTHSIDE NETWORK AUTHORITY
VIRGINL4 BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
October 15, 2019
62
ADJOURNMENT
ITEM#69721
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:40 P.M.
' s
Chief Deputy City Clerk
Amanda Ba es, MMC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
October 15, 2019