NOVEMBER 17, 2020 FORMAL SESSION MINUTES \r(1-2V-P-r<',44;
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 17, 2020
Mayor Dyer called to order the CITY COUNCIL/SCHOOL BOARD VIRTUAL JOINT SESSION in the
Virginia Beach Convention Center, Suite 5, on Tuesday, November 17, 2020, at 2:05 P.M
Council Members Present:
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:
Jessica P.Abbott—Arrived at 3:40 P.M
Rosemary Wilson—Arrived at 3:35 P.M
School Board Members Present:
Beverly M.Anderson, Sharon R. Felton, Victoria C. Manning,Jessica
L. Owens and Chair Carolyn T. Rye
School Board Members Absent:
Daniel Edwards—Joined WebEx at 2:24 P.M
Dorothy M. "Dotty"Holtz—Joined WebEx at 2:25 P.M
Laura K Hughes—Joined WebEx at 2:11 P.M
Vice Chair Kimberly A. Melnyk—Joined WebEx at 2:10 P.M
Trenace B. Riggs
Carolyn D. Weems
2
CITY COUNCIL/SCHOOL BOARD VIRTUAL JOINT SESSION
FIVE YEAR FINANCIAL FORECAST
ITEM#71010
2:08P.M.
Mayor Dyer welcomed Greg Grootendorst, Chief Economist — Hampton Roads Planning District
Commission (HRPDC), Kevin Chatellier, Director — Budget and Management Services and Farrell
Hanzaker, Chief Financial Officer—Schools. Mr. Grootendorst expressed his appreciation to City Council
for their continued support and distributed a copy of the presentation, attached hereto and made a part of
the record.
November 17, 2020
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S&P 500 STOCK MARKET INDEX
4,000
Current Value:
3,500 Pre-Recession High: 3,509.-1
1,549.4
3,000
c, 2,500
Recession Low:
x 2,000 735.1
a
c
1,500
1,000 he S&P stock mar et index is up 77'o from
500 the pre-recession low, and up 127%
;from the pre-recession high
o f
CDec �� �`\� set set �e� Crab, P� se,c +� (>' c a� p.<` c,C Crab,
Source:Yahoo Finance and HRPDC
3
U.S. GROSS DOMESTIC PRODUCT
1 9,000 Current Value:
$18.6 Trillion
Pre-Recession High:
$15.8 Trillion - 14L I
1 8,000
Recession Low:
cv $15.1 Trillion
r 17,000
0 16,000 OW111111111
GDP is up 18% from the pre-'`
15,000 recession high GDP is down
3.5% from 2019Q4
14,000
c, e. c`. cl c\ c?. c� c? c� d d. d. c?
Source:Bureau of Economic Analysis and HRPDC
4
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U.S. UNEMPLOYMENT RATE
16%
COVID-1 9 Recession
14% High:
Pre-Recession Low: Great Recession High: 14.7%
12% 4.4% 10.0%
w 1 0%
et Current Value: 6.9%
aai 8%
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at
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The unemployment
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from the most recent spike
0%
(s O�� ,�� P� ��� oc ��� '79i ��' O�� ��� P�� ��� O�< P�� ��� O�<
/) Source:Bureau of Labor Statistics and HRPDC
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HAMPTON ROADS EMPLOYMENT
CHANGE
SEPTEMBER '19 — SEPTEMBER '20
Federal Government
Scientific & Technical
Transportation & Utilities
Construction
Information
Finance & Insurance
Education Services
Wholesale Trade
n Management
Manufacturing
State Government
Real Estate & Leasing
Other Services
Local Government
Retail Trade
Healthcare & Social I
Leisure & Hospitality I h
Administrative & Support
-12,000 -10,000 -8,000 -6,000 -4,000 -2,000 0 2,000 4,000
Year-over-Year Change in Employment
Source:Bureau of Labor Statistics and HRPDC
9
HAMPTON ROADS EMPLOYMENT
CHANGE
SEPTEMBER `10 — SEPTEMBER '20
Federal Government
Scientific & Technical
Transportation & Utilities
Construction
Information
Finance & Insurance II
Education Services ml
Wholesale Trade
n Management NMI
f Manuacturin
'a g a•i
State Government AIM I
Real Estate & Leasing min=�
Other Services
Local Government
Retail Trade
Healthcare & Social I mini=i
Leisure & Hospitality I:RIM I II
Administrative & Support
-12,000 -10,000 -8,000 -6,000 -4,000 -2,000 0 2,000 4,000
Year-over-Year Change in Employment
pp Source:Bureau of Labor Statistics and HRPDC
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ANNUAPIZED REAL DEFENSE OUTLAYS
(U.S. QUARTERLY DATA, SEASONALLY ADJUSTED)
S1,000
$900 80's (old War War as terror
Buiklep
$800
N $700 Vietnam
Korean VAar
a $600 War
0
0 S500
o $400
N
0 $300
$200
$100
$0
Source:Bureau of Economic Analysis and HRPDC
v ,I! 15
MILITARY PERSONNEL IN HAMPTON
ROADS AND THE U.S.
160,000 - 4,000,000
f I Hampton Roads U.S.
140,000 - 3,500,000
l
120,000 - I - 3,000,000
o II
vi
a 100,000 - - 2,500,000 c
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N
80,000 - - 2,000,000
y zs
'3 60,000 -'' - - 1,500,000
a
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z
a 0
.2 40,000 - i - 1,000,000 g
EL
a
= 20,000 - - 500,000
0 ---- . . . a 0
Source:Bureau of Economic Analysis and HRPDC
47
16
DEFENSE CONTRACTS IN HAMPTON ROADS
(INFLATION-ADJUSTED)
$12,000
$10,000 — — _
-
a $8,000
d
76
a
a
0O a' $6,000
N • —
° $4,000 _
O �-
`" $2,000
$0
Fiscal Year
Source:USAspending.gov and HRPDC
11
GENERAL CARGO IN HAMPTON ROADS
25
❑ Exports ■ Imports
20
Containers:
} 15
Ships:
110 AM
Share:
5
0
Source:Port of Virginia and HRPDC
18
TOURISM EXPENDITURES IN
HAMPTON ROADS (INFLATION-ADJUSTED)
$6.0
$5.0 I
),
CS
o $4.0
o $3.0 1
Hotel Revenue:
E $Y.0 Employment:
m Up5% Up8%
$1.0 0 I in 10 years in 10 years
. _ ,:'
L::
! - 11!
O�'� bra ��� Q�b o01 b�� �bq b�0 0�'� ���. ��"� ova 0 ' Deb ��1 0�� ��q
ti ti ti ti ti $ ti ti ti ti ti < c ti
�� Source:Virginia Tourism Corporation and HRPDC
19
HAMPTON ROADS RETAIL SALES
$2.4
1n
45?) $2.2
o D +22.5%
•
i $2.0
a Q +40.3%
o �
o c $1 .8 -12.7%
N
C a)o N $1 .6
Annualized growth rate of 1 .9% since 2006
$1 .4 unnnnnununnnnnunuunnnunnnunuunuunnnununununnuununnunnnuuununui
Inflation adjusted annualized growth rate of since 2006
$1 .2 1111111111111111111111111U111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
0�` 0 0b 01 0� 0Q �O �N ��' �`� �� �h b �1 � q
a(`' a� 6C a� a� a� a� a� a� at`' a� a� a� 0.0 0'C
> > > > > > > > > > > > > > > >
Source Virginia Department of Taxation and HRPDC
20
HOME PRICE INDEXES
30%
25%
20%
E
- 15%
s
3
2 10%
0
o .-
} 5%
_vii) .
o 0%
-5% .
-10%
a� a` a` a` a\ a` a\ a` a` a` a\
00 0� 0b 0b 0� ,�0 .�rL ,�P ,�b .�'� `LO
rti0 ry0 cO rti0 C ,ti0 �O rL0 �O �O ,LO
Hampton Roads Virginia - U.S.
ASource:Fair Housing Finance Agency and HRPDC
21
BUILDING PERMITS IN HAMPTON ROADS
1,200
1,000
a
w
rn 800
"c 600
0
*11611°
400 , —
v
a
200
0
ob 1 qQ 00 OrL cc, O<, 0A 00 O , 1� \h \b \C \Q
O�� �d� Oec ��� Qep `De PQa ° ��c ,�c poo jai O��
• Single Family • Multifamily
Source:U.S.Census Bureau and HRPDC
22
NAHB/WELLS FARGO HAMPTON ROADS
HOUSING OPPORTUNITY INDEX
100
90
♦~
80 ...r' , o" ♦r' • ♦ Ao
♦♦
70 " ♦♦ '"♦ ••► 4♦
_ ♦_
} 0 60 ♦
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•
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o a 30
_
20•�
= = 10
0
�qq� �qq� �qq� \qq1 �qqq tipper �pp� (#) 1pp1 tippq tips\ ti ce
ova7.•r Source:National Association of Homebuilders and HRPDC
i4e~ 23
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HAMPTON ROADS POPULATION HISTOGRAM
■ Females ■ Males
85 years and over
(Greatest)
80 to 84 years
75 to 79 years Silent
70 to 74 years
65 to 69 years
60 to 64 years Boomers
55 to 59 years
50 to 54 years
45 to 49 years
v 40 to 44 years Gen X
a35 to 39 years
30 to 34 years ,
25 to 29 years
20 to 24 years
15 to 19 years Millen
10 to 14 years
5 to 9 years Next..
Under 5 years
-100,000 -50,000 0 50,000 100,000
Population
Source:U.S.Census Bureau and HRPDC
25
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EDUCATION
Hampton Roads U.S. Average
High School Equivalence 91 .7% 88.6%
IOW AMP IMPIP
College Attainment 32.9% 33.1
Graduate or Professional Degree 13.3% 1 2.8%
Source:2018,U.S.Census Bureau and HRPDC
,,�,�Pl7fC
28
GOVERNMENT FINANCES
140%
...,.:.-
1 20%
1 0 0% -
80%
60% F
4 0%
2 0%
e ,,. ., ' „,
. ,.. „...,„
0%
\,_,, .,,0, .,0, ,;,,pc\ 5,e,'1/4-\ e,'('‘‘‘ ,;,...P.''' ,s,0<:z'
QJ ^� �� 5- Q J O dC
e ,
Q�� c<`
e • � .6<cs e� J1 lea
,e Go
oo
c�\
ej
e�
Source:Auditor of Public Accounts and HRPDC
29
FORECAST OF U.S. GROSS DOMESTIC PRODUCT
40%
Consensus Forecast
30%
, 20%
a
-c
u 10%
CD 0% I1 . 1 II . 1 _ 1ll111 _ ■ . 11 . 1 1111 , II111i . _ 1111811111111111 11111
I
• -10%
a
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-30%
-40%
a` a` a` a-` a5` a` a` a\ a` a` a-` a` a` a` a` a�
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r19 r19 r10 r19 99 99 r10 r10 '10 rL0 r19 99 r10 rL0 (19 19
Source:Blue Chip Economic Indicators and HRPDC
30
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FEDERAL BUDGET DEFICITS
$400
$200
Adiek
$0 li ,
-$200
1111
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N
p -$400
-$600
C -$800 ( 1
0 -$1,000
op -$1,200
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Source:Congressional Budget Office and HRPDC
32
j
Hampton Roads Commuter
Commuting Patterns flows
c 200
all Jurisdictionsiiiii ( w ;` 200-1k ---
rt 1- k 2-5k
Commuting(Journey to Work)refers to J i i�./i ',u"l"^ �'� 5-10k
a worker's travel from home to work. ��'��,�.��\\\� 10-15k
r,:.,.,..,.✓.,.:.,.:n .,T,+.m>m..•,m:. -_.;a a�:. '///i!•�4I".a. h. 15-20k
,4 j ,'/ ;,,,f4,\,. ‘,,,,,.._/....-„_,iiii.z .,,,, ‘ , 30k+
::',,,,,,,,,c,A.Tp0 i 0 p ., .' • ''s, . '4,1,4,,k,,,,?.-..-,•.0100.7.1N. \
::.t,.'.s. .. ' . "'.5... :.‘,bi'l \\\ \(
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t ,
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i /,
- /4%4011 ./A/0,IP:".:"...::::11$:,,,::'.:,.-lrit.ii,..,',.. :ot I..,:1'1...': '..!!,i i,f,.!".., .. , i
Ae i °A A 141 lb".:7<i):.'':::I::.-..::-.. . 'k:.'1'1.:1 '"1 6..4‘' k
N 4/60%,,'•,•„1.es,0,:as% :,..,"" ...• •,..- :.....7 i'....;-,..3 Clit
mit ••••,.. ....‘,,•,,._.,,..................r---- \ ...,.,.....',„ -1 -4 '..-.-..........40, 110tA '
\0
--...- -..k..,.=6,,-.____...pk...,.........iii
.z_.1 4 inin.•..7-'''-1::.%,41 rral Iii6V I i i ,,/, '
4.
,.. Sources:HRPDC,HRTPO,and the U.S.Census Bureau
33
Hampton Roads Commuter
Commuting Patterns v1 flows In Out
<200
by Jurisdiction: 2001k —
Virginia Beach '-2k
2-5k
Commuting(Journey to Work)refers to 5-10k
a worker's travel from home to work 10-15k ow OEM
15-20k M
r 20-30k MI =
) '\ ' 30k♦ In iii.
iwill
,..._ IT
ter_
<�
:kl:ro.". 11''
-
tili .� ) Virginia
mato. ,, \ N11,0.>
u
"� l ��‘%*..''''':---.. """4-1 -1-.---;--->--000, \
teach
,. Villilliasimill) ‘\
Alaim
Sources:HRPDC,HRTPO,and the U.S.Census Bureau
34
CITY OF VIRGINIA BEACH
FIVE - YEAR FORECAST
GENERAL FUND
REVENUES 11
LC
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FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26
fBudget (Actual (Projection
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OCCUPATIONAL LICENSE ( BPOL
$70
$60 $53
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•Budget (•Actual —0—Projection
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GENERAL FUND
EXPENDITURES
EXPENDITURE ASSUMPTIONS
3% salary increase in FY 22 and 2% in FY 23 — 26
2% inflation each year
1 .5% VRS rate increase in FY 23 and FY 25
3% annual increase in healthcare costs
'Existing City CIP and Operating Budget commitments
-Debt based on current debt schedules and projected issuances
Revenue Reserve in both FY 22 and FY 23
-No reductions or increases to balance forecasted budget
46
GENERAL FUND REVENUES AND EXPENDITURES
N $1.40 $1.36
$1.35 $1.33
cTo $1.28 $1.30 $1 35
$1.30 $1.26
$
$1 29
1.25 $1.32
$1 26
$1.20 $1.18
$1.24
$1.15 $1.18
$1.10
$1.05
FY 21 Adopted FY 22 FY 23 FY 24 FY 25 FY 26
4•11i—Revenue Expenditure
FY 21 Adopted FY 22 FY 23 FY 24 FY 25 FY 26
$ - -$24,982,060 - $12,842,448 -$10,532,666 -$14,664,399 -$12,583,575
47
REVENUE RESERVE
The Five-Year Forecast Includes a Revenue Reserve
FY 22 FY 23 FY 24 FY 25 FY 26
Revenue Reserve $13,500,000 $6,750,000 - - -
• Current revenue estimates are based on the best information available and include a great deal
of uncertainty
• Increases financial flexibility should revenue estimates not materialize due to impacts of COVID-1 9
• The reserve is expected to phase out by FY 24 as revenues are projected to return to normal
48
FORECASTED BALANCE LESS REVENUE RESERVE
, $1.40
Z $1.33 $1 6
$1.35 $1.30
$1,27 $1 i35
$1.30 $1 32
$1.25 $1 129
$1.25
$1.18 1 $1.26
$1.20 $1.24
$1.15 $1.18
$1.10
$1.05
FY 21 Adopted FY 22 FY 23 FY 24 FY 25 FY 26
Revenue Expenditure
FY 21 Adopted FY 22 FY 23 FY 24 FY 25 FY 26
$ - -$11,482,060 - $6,092,448 -$10,532,666 -$14,664,399 -$1 2,583,575
49
0
1-
TIP TOTAL BALANCE
FY22 FY 23 FY 24 FY 25 FY 26
Revenues $35,066,471 $37,070,634 $38,892,003 $40,177,504 $41,508,341
Expenditures 35,958,613 35,237,261 48,558,665 38,754,970 34,043,879
Revenues Less Expenditures -892,142 1,833,373 -9,666,662 1,422,534 7,464,463
Cumulative Fund Balance $9,759,118 $11,592,492 $1,925,830 $3,348,364 $10,812,827
With the addition of the Resort Management Office, cumulative fund balance changes to the below figures:
FY 22 FY 23 FY 24 FY 25 FY 26
Cumulative Fund Balance $7,509,118 $7,797,492 -$3,460,520 -$3,677,076 $2,099,123
51
THREATS TO THE FORECAST
Economic recession and slow recovery from COVID- 1 9 Pandemic
Implementation of any recommendations from Hillard Heintze Report
Future needs for City Council initiatives and priorities — SWaM Office
Future impact of Capital Improvement Program needs
Operating Budget Impacts
Debt Service - Potential Bond Referendum
Debt metrics and legal bonding capacity
52
VIRGINIA BEACH
SCHOOLS ' FIVE - YEAR
FORECAST
53
KEY BUDGET ASSUMPTIONS - REVENUE
2021-22 2022-23 2023-24 2024-25 2025-26
State Shared Sales Tax +1.5% +2.0% +2.5% +2.5% +2.5%
Other State Revenue +1.5% +2.0% +2.5% +2.5% +2.5%
Local Revenue (RSF) +5.7% +2.8% +2.4% +2.5% +2.5%
Other Local Revenue +$50k +$50k +$50k +$50k +$50k
Federal Revenue - -$700k - - -
54
KEY BUDGET ASSUMPTIONS - EXPENDITURES
Personnel Services and Fringe Benefits
' Salary increase of 3.0% for FY 2021 -22 and 2.0% for the remaining
forecast years (this forecast projection is subject to revision by the School
Board during budget conversations if state or local revenues fluctuate)
The current FY 2020-21 VRS rate of 16.62% will remain flat in FY 2021 -
22 and is projected to increase 1 .0% in FY 2022-23 and again in FY
2024-25 (the first year of the next two biennial budgets)
Employer health insurance rates are projected to rise by 3.0% each year
of the forecast
55
KEY BUDGET ASSUMPTIONS - EXPENDITURES
Non- Personnel
All non-personnel budget line items impacted by inflation are expected to
increase by approximately 2% each year of the forecast period
Revenue Reserve
VBCPS will retain funding in a reserve to prepare for any potential reduction
in revenue estimates that may occur in FY 2021 -22 and FY 2022-23
56
BUDGETARY CONTROLS AND CHALLENGES
Programmatic Priorities and Major Initiatives
"School Safety
■Technology
Employee Compensation and Workforce Challenges
Employee Benefits
Declining Enrollment and Reduced State Spending
State and Federal Mandates
Structurally Flawed Operating Budget
57
VBCPS BASELINE FORECAST
980,000,000 $6,873,558 8,000,000
960,000,000
6,000,000
940,000,000 $4,313,836
920,000,000 4,000,000
900,000,000
2,000,000
880,000,000 $0
860,000,000 0
840,000,000 $2 57 -2,000,000
820,000,000
-4,000,000
800,000,000
780,000,000 —+- -6,000,000
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26
Adopted Forecast Forecast Forecast Forecast Forecast
mum Revenue —0—Baseline Forecast
58
CLOSING THOUGHTS
• City Forecast projects a deficit each
year of the forecasted period
,ir,„3.,. ., , ,,„
• School Forecast projects a deficit in
year one and two with a small surplus
the remaining years of the forecasted `� 4xy ' �
period
■Bond Referendum and projected ���
debt capacity ¢'
Pandemic lasting longer than initially
estimated resulting in a projected "U"
shape economic recovery
59
QUESTIONS ?
3
CITY MANAGER'S BRIEFINGS
MOBILE PORTAL
ITEM#71011
3:33P.M.
Mayor Dyer welcomed Chris Golding, Application Development Team Lead—Information Technology.
Mr. Golding expressed his appreciation to City Council for their continued support:
MOBILE PORTAL
NOVEMBER 17, 2020
CHRIS GOLDING. APPLICATION DEVELOPMENT TEAM LEAD
Here are the Goals:
I
• Develop citizen centric app that brings data from disparate
systems together to provide citizens with a one-stop-shop
to interact with the city
— Billing&Payments
—Account Info
—Services
GOALS • Increase interaction with citizens by providing:
— Personalized dashboard
— Push notifications
— Integration with city platforms and applications
• Seamless integration with vbgov.com and upcoming
updated website
• Be available on Android,iOS,and the web
• Deliver app in incremental stages in order to gain feedback,
insights,and adapt to changing needs&requirements
z
November 17, 2020
4
CITY MANAGER'S BRIEFINGS
MOBILE PORTAL
ITEM#71011
(Continued)
The next two (2)slides provide an overview of Mobile Portal Release Plan:
MOBILE PORTAL RELEASE PLAN
PHASE I ADDITIONAL PHASES
• Lay foundation for future phases • Integrate citizen profiles and logins
• Introduce personalized dashboard that • Integrate with systems to provide:
displays data that does not require —Service Requests
authentication
— Payments&Billing
• Use citizen provided address to find and — Chatbots
display:
—Additional Services
— Property Data
— Nearest Facilities • User specific push notifications
—Voting Information
—Trash and Recycling Schedule
• Support for broadcast Push Notifications to
send alerts&emergency updates
PHASE 1
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November 17, 2020
5
CITY MANAGER'S BRIEFINGS
MOBILE PORTAL
ITEM#71011
(Continued)
•
\s r . e
PL O0 email
5
Mayor Dyer expressed his appreciation to Mr. Golding for the presentation.
November 17, 2020
6
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF
KEMPSVILLE AND PRINCESS ANNE ROADS
ITEM#71012
3:51 P.M.
Mayor Dyer welcomed Elizabeth Chupik, Associate City Attorney. Ms. Chupik expressed her
appreciation to City Council for their continued support:
Public Briefing:
SALE OF EXCESS PROPERTY
AT NORTHWEST CORNER OF
KEMPSVILLE AND PRINCESS ANNE ROADS
City Council
November 17, 2020
Elizabeth Chupik, Associate City Attorney
Here is a picture of the Site location—Historic Kempsville Northwest Quadrant:
Site location — Historic Kempsville NW Quadrant
• r( f
m
I
•
November 17, 2020
7
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF
KEMPSVILLE AND PRINCESS ANNE ROADS
ITEM#71012
(Continued)
The area highlighted in yellow depicts City owned property:
Purchase of:
City parcel
Area of
-�FM � C� ,� Proposed
, _ 0". Street
Closure
E64.06 1 -.
0 Sift LOCATION MAP
®iw•My,.ebrawun C+q EXCESS CRY PROPER,"
QI, RN PRINCESS AN6E ROAD
sssa
Here is the Property Description/History:
Property Description/History
• City parcel (2.123 acres)
• Assembled from various residual tracts acquired as part of
Princess Anne/Kempsville Intersection Project
• Acquired voluntarily between 2001-2010
•Area of proposed street closure (.689 acres)
• Created by realignment of Princess Anne Road following road
project construction, making areas of former right-of-way
unnecessary for public use
• Proposed street closure approved by Council April 2014 and
currently extended to April 2021; probable additional
extension to allow completion of resubdivision to merge with
City parcel
November 17, 2020
8
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF
KEMPSVILLE AND PRINCESS ANNE ROADS
ITEM#71012
(Continued)
Here are the Contract Terms:
Contract Terms
• Buyer: Princess Anne/Witchduck Associates 1, LC
• Purchase price: $1,420,000
• 2.812 acres (City parcel plus former right of way)
• Buyer will complete resubdivision to incorporate right-
of-way
• Buyer will complete Voluntary Remediation Program
(VRP) with Department of Environmental Quality
(DEQ)
• Buyer will develop multi-tenant shops
Voluntary Remediation Program/DEQ
• City has enrolled property in a voluntary program to clean up known
environmental contamination left by prior occupants
• Buyer will become City's Authorized Agent with DEQ to complete VRP
and pay for costs associated with the process;will modify site
development as directed by DEQ
• City shall receive a Certification of Satisfactory Completion of VRP,
providing enforcement immunity, as a condition of closing
• Buyer will indemnify and hold harmless City re:dealings with DEQ
• Buyer retains right of termination in the event VRP proves too costly
• City retains right of termination in the event Buyer fails to perform VRP
November 17, 2020
9
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF
KEMPSVILLE AND PRINCESS ANNE ROADS
ITEM#71012
(Continued)
Concept Plan/Layout
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Elevations
(approved by Historic Kempsville Citizen Advisory Committee)
November 17, 2020
10
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF
KEMPSVILLE AND PRINCESS ANNE ROADS
ITEM#71012
(Continued)
Here is the Development Plan and Uses:
Development Plan and Uses
• Development is for multi-tenant use, including traditional retail,
specialty(medical/dental), or restaurant
• Must comply with architectural requirements for Historic Kempsville;elevations
approved by CAC;B4K zoning
• City retains approval rights for any differing development for three years from
Certificate of Occupancy
• CUP for drive-through previously approved by Council
• City retains approval rights for any drive-through tenant for three years from
Certificate of Occupancy,unless it is a bakery or coffee shop(automatic
approval)
• Buyer required to build at least two of three buildings shown in concept
within 1.5 years of closing to at least shell finish (tenant-specific finish is
permitted to follow)
Here is the Construction Schedule with completion planned in Spring 2023:
Construction Schedule
• From Fully Executed Agreement of Sale: 300 days for Due Diligence
• Initial Phase (120 days): Title, Surveys, Environmental
• Second Phase (180 days): Allows completion of Site Plan,
Resubdivision,VRP
• Closing occurs within 30 days of Due Diligence Expiration
• From Closing:
• 180 days to Commence Construction
• Additional 365 days to Complete Shell Construction of Two Buildings
at Minimum
• All other site work(e.g.,parking, landscaping) must also be
completed, regardless of whetherbuildings are occupied by
tenants
• Completion—at latest, Spring 2023
November 17, 2020
11
CITY MANAGER'S BRIEFINGS
SALE OF EXCESS PROPERTY AT NORTHWEST CORNER OF
KEMPSVILLE AND PRINCESS ANNE ROADS
ITEM#71012
(Continued)
Here are the Next Steps for Council Action:
Next Steps for Council Action
• December 1: Public Hearing for Declaration of Excess
• December 8: Vote for Declaration of Excess
(supermajority required)
•Collect Deposit
• Route Agreement of Sale
• Date of full execution controls deadlines
Questions?
Mayor Dyer expressed his appreciation to Ms. Chupik for the presentation.
November 17, 2020
12
CITY COUNCIL COMMENTS
ITEM#71013
4:02 P.M.
Council Member Rouse advised he was contacted by Brittany Church, Assistant Principal at Parkway
Elementary School, stating many children are expressing they feel unsafe in the Twin Canal neighborhood.
Council Member Rouse advised he held a meeting with Chief Neudigate and Principal Krista Barton-
Arnold, advising it was a very successful meeting where several ideas were formed on ways to improve
safety in the community and provide additional recreation and educational opportunities. Council Member
Rouse expressed his sincere appreciation to Chief Neudigate for making himself available for the meeting
and his pride in the teachers who are working hard for their students.
November 17, 2020
13
CITY COUNCIL COMMENTS
ITEM#71014
(Continued)
Mayor Dyer advised since Governor Northam imposed restrictions limiting groups to no more than twenty-
five (25) people, there have been a couple of Council Members who expressed concerns on how City
Council Meetings can be conducted safely. Mayor Dyer advised he has worked with Vice Mayor Wood
and Patrick Duhaney, City Manager, on options to ensure the safety of the public and City Council
Members going forward and asked Vice Mayor Wood to provide those options to the body for discussion.
Vice Mayor Wood advised Council Members Moss and Tower had some ideas and asked if they would like
to discuss them.
Council Member Moss advised his biggest concern is safety of the public and people feeling obligated to
appear in person to make their point. Council Member Moss suggested holding the briefings virtually as
there is no difference in watching the briefing televised or in person since citizens cannot comment as well
as reducing staff appearing in person to the minimum. Council Member Moss further suggested holding
the Executive Session virtually, expressing he has faith in the body's integrity.
Council Member Tower suggested having City Council meetings entirely virtual and is concerned if citizens
are given the option to appear in person or virtually, some will feel obligated to appear in person, believing
that they must to have an impact, when they really do not want to. Council Member Tower expressed the
difficulty in keeping a large crowd safely distanced and believes it is easier to hold the meetings virtual,
advising other cities are able to and the City has the ability to do the same.
Vice Mayor Wood advised the Speaker Policy, allowing citizens to speak only on agenda items which
require a public hearing, can be re-enacted to limit the number of speakers. Vice Mayor Wood advised
there is a speaker registered to speak at this meeting on twelve items, allowing approximately forty (40)
minutes of contact, which does not require a public hearing. Vice Mayor Wood advised it is an option to
consider.
Council Member Wilson advised it is always better when we can see each other in person but with the risks
right now, suggested going all virtual until the end of the year and holding Executive Session in person.
Council Member Berlucchi advised there is no easy answer with competing needs from different people but
wants to ensure citizens understand their comments will be treated the same whether they are in person or
virtual and should not feel they will be at a disadvantage by appearing virtually. Council Member
Berlucchi advised staff and Council Members have the option now to participate virtually. Council Member
Berlucchi advised he prefers to continue having meetings in person but will fully support any decision the
body makes.
Council Member Rouse advised he is open to all of the options and supports re-enacting the Speaker Policy.
November 17, 2020
14
CITY COUNCIL COMMENTS
ITEM#71014
(Continued)
Council Member Henley expressed her appreciation for this discussion and suggestions. Council Member
Henley advised it is important to show the citizens the body is working and the City is moving forward and
prefers to be in person. Council Member Henley advised she would like to ensure the City is continuing to
provide information on the pandemic especially over the holidays.
Mayor Dyer asked Mr. Duhaney to provide information on the options they previously discussed.
Mr. Duhaney advised one of the options is to only have speakers in the room during the consideration of
their application and then having them leave once it is voted on. Mr. Duhaney advised the other option
discussed is to have City Council and staff members in person while having the public participate virtually.
Mark Stiles, City Attorney, advised the law requires City Council meetings to be open to the public but does
not specify in person or virtually. Mr. Stiles advised the options that have been discussed are lawful and if
challenged, he could defend.
Council Member Rouse asked Mr. Stiles for clarification on Speaker Policy.
Mr. Stiles advised state law requires public comment for items which require a public hearing such as;
planning items, disposition of public property and some financial transactions. City Council's current
Speaker Policy allows speakers to speak on a wider array of topics than the law requires and has been the
practice with the exception of the initial phase of the pandemic when speakers were limited to speaking
only on required public hearing items. Mr. Stiles advised the items which speakers are allowed to speak
on can be limited but advised it would be unlawful to place limitations on which speakers can speak.
Council Member Abbott asked if it is possible to include written comments through WebEx?
Mayor Dyer advised there are two(2)more Formal Sessions in December and asked if the body would like
to cancel the December 15th meeting?
Council Member Moss advised there are two(2)important issues he wanted to discuss during that meeting,
the Budget Resolution guidance and the Bond Referendum for Flooding, and asked if the meeting is
canceled, when would those items be discussed? Council Member Moss expressed concern in falling
behind on time sensitive issues.
Mayor Dyer advised the body will move forward with holding the December 15" City Council Retreat and
live streaming it for the public to view.
November 17, 2020
15
AGENDA REVIEW SESSION
ITEM#71015
4:39 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTIONS
1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five(5)years with
T-Mobile Northeast,LLCfor five(5)parking spaces at the 31'Street Parking Garage re installing
and maintaining antennas and radio equipment
2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Use Agreement for up to five (5)
years with Chick's Marina Properties,L.L.C. (a/k/a Chick's Oyster Bar)for the Non-Exclusive Use
of 24 parking spaces located at the Lynnhaven Municipal Marina (13 spaces between 4 a.m. - 4
p.m. & 24 spaces between 4 p.m. -4 a.m)
3. Ordinance to AMEND Section 7 of Appendix J,Agricultural Reserve Program re eligibility criteria
(Requested by Councilmember Henley)Deferred from November 10, 2020
4. Ordinance to AMEND City Code Section 21-230 re inclusion of Kings Grant Road in the Traffic
Calming Program
5. Resolution to ADOPT the City's 2021 Legislative Agenda
6. Resolution to SUPPORT the 2021 Legislative Agenda adopted by the Hampton Roads Planning
District Commission (HRPDC) and REQUEST our General Assembly delegation support these
measures
7. Resolution to DECLARE November 15-December 15, 2020 as Buy Local Month (Requested by
Council Member Wooten)
8. Resolution to REQUEST the creation of a single mobile portal for City services and information
(Requested by Council Member Rouse)
9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Franchise
Agreement for Valet Parking at Town Center re reduce operations to one (1) valet stand on
Commerce Street and reduce annual fee to$12,500
10. Ordinance to APPROPRIATE$36,303,277 from the FY2019-20 School Reversion Funds to the
Virginia Beach Public Schools FY2020-21 Operating Budget and Capital Improvement Program
November 17, 2020
16
AGENDA REVIEW SESSION
ITEM#71015
(Continued)
11. Ordinances to ACCEPT and APPROPRIATE:
a. $301,109 from Virginia Department of Housing and Community Development to FY2020-21
Housing and Neighborhood Preservation Operating Budget re emergency housing programs
b. $15,500 from Homeland Security to FY2020-21 Emergency Management Operating Budget
re support for Virginia Beach Community Emergency Response Team (VBCERT)Program
c. $125,500 from Homeland Security to FY2020-21 Fire Department Operating Budget re
purchase materials and equipment for the Technical Rescue, Swiftwater Rescue, and
Hazmat Programs
12. Ordinances to TRANSFER:
a. $990,576 within the FY2020-21 Capital Improvement Program Budget, and ACCEPT and
APPROPRIATE $187,000 from Virginia Aquarium Foundation to CIP #100435 "Virginia
Aquarium Marine Animal Care Center"re construction completion and relocation to the new
Animal Care Center
b. $141,850 in Federal revenue from CIP #100424 "Traffic Safety Improvements III" to CIP
#100481 "West Great Neck Road Sidewalk"and CIP #100212 "Independence Boulevard/
Baxter Road Sidewalk"
I. ORDINANCES/RESOLUTIONS:
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#1,2 AND 3
COUNCIL MEMBER ABBOTT WILL VOTE VERBAL NAY ON ITEM#2
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEM#2
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#5 REGARDING THE DOME SITE
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#6 REGARDING OFFSHORE WIND
ITEM#10 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER ABBOTT WILL ABSTAIN ON ITEM#10 SPECIFIC TO SECTION 1.a/1.a.i
November 17, 2020
17
AGENDA REVIEW SESSION
ITEM#71016
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. THOMAS A. BROWN for a Variance to Section 4.4(b) of the Subdivision Regulations re
minimum lot area at Shell Road between 1412 Duck Run Court and 5145 Shell Road DISTRICT
4—BAYSIDE
2. DONALD H. & DIANE F. HORSLEY for a Variance to Section 4.4(b) of the Subdivision
Regulations re minimum 150-foot lot width and 120-foot street line frontage requirements at
3340 Ives Road DISTRICT 7—PRINCESS ANNE
3. RUTH B. WILSONfor a Variance to Section 4.4(b)of the Subdivision Regulations re minimum
upland acreage requirement for lot area at 865 & 877 Sandbridge Road DISTRICT 7 —
PRINCESS ANNE
4. HAL J. &DEBORAH WOOLARD for a Street Closure re 15-foot-wide platted, unnamed, and
unimproved alley, totaling 375 square feet adjacent to 833 South Atlantic Avenue DISTRICT 6
—BEACH
5. JON S. & DEANA M. HESS for a Street Closure re 15-foot-wide platted, unnamed, and
unimproved alley, totaling 375 square feet adjacent to 837 South Atlantic Avenue DISTRICT 6
—BEACH
6. LATIFAH PRIVOTT/ANTHONY PRIVOTT for a Conditional Use Permit re family day-care
home at 4494 Cherrywood Lane DISTRICT 1 —CENTERVILLE
7. VAL VOLINE INSTANT OIL CHANGE/JOHN&RITA NINOS for a Conditional Use Permit
re automobile service station at 5101 Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE
8. MCNEEL PROPERTIES/DARE ASSOCIATES for a Conditional Use Permit re automobile
repair garage at 4901 Cleveland Street DISTRICT 4—BAYSIDE
9. ARROWFIT HUMAN PERFORMANCE, LLC/ ISIS & ROBERT ARROWSMITH for a
Conditional Use Permit re home occupation at 1209 Funnell Street DISTRICT 4—BAYSIDE
10. DALE WOODEN for a Conditional Use Permit re home occupation at 6336 Blackwater Road
DISTRICT 7—PRINCESS ANNE
11. LOUIS PERRINfor a Conditional Use Permit re residential kennel at 2121 Munden Point Road
DISTRICT 7—PRINCESS ANNE
November 17, 2020
18
AGENDA REVIEW SESSION
ITEM#71016
(Continued)
12. GG PROPERTY MANAGEMENT, LLC/REDELL LANE for a Conditional Use Permit re
short term rental at 713 Northgate Court DISTRICT 3—ROSE HALL
13. SHELLYARNOLDI for a Conditional Use Permit re short term rental at 3921 Whopping Crane
Circle DISTRICT 4—BAYSIDE
14. VALERIE TAYLOR for a Conditional Use Permit re short term rental at 3644 Britt Terrace
DISTRICT 5—LYNNHAVEN
15. SHELLEY GAIL DAGENHART for a Conditional Use Permit re short term rental at 2113
Atlantic Avenue Unit 2B DISTRICT 6—BEACH
16. ANDREW KUTSCH GREGORY for a Conditional Use Permit re short term rental at 514
Pinewood Drive DISTRICT 6—BEACH
17. SEANREILLYfor a Conditional Use Permit re short term rental at 604 23rd%Street DISTRICT
6—BEACH
18. RED LION PROPERTIES, LLC for a Conditional Use Permit re short term rental at 1009
Barclay Square DISTRICT 6—BEACH
19. JUSTYCE SWANGO/JASON& INDIA SWANGO JOINT REVOCABLE LIVING TRUST
for a Conditional Use Permit re short term rental at 811 Delaware Avenue DISTRICT 6 —
BEACH
20. LAWRENCE & SUZANNE OLESZKO for a Conditional Use Permit re short term rental at
4005 Atlantic Avenue, Unit 117 DISTRICT 6—BEACH
J. PLANNING:
ITEMS#12, 13, 14, 16, 17 AND 18 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER ABBOTT WILL ABSTAIN ON ITEM#14
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#15, 19 AND 20
COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ITEMS#15 AND 19
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#15, 19 AND 20
November 17, 2020
19
ITEM#71017
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).
• Beach District
• Beach District
• Princess Anne District
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
November 17, 2020
20
ITEM#71017
(Continued)
Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council voted to proceed
into CLOSED SESSION at 4:49 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 4:49 P.M. - 5:00 P.M.
Closed Session 5:00 P.M. - 5:47 P.M.
November 17, 2020
21
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
NOVEMBER 17, 2020
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the
Virginia Beach Convention Center, Suite 5, on Tuesday, November 17, 2020, 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, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
INVOCATION: Council Member Jones
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 34`h Street Suite
102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size
of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an
interest in numerous matters in which she is not personally involved and of which she does not have
personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and
Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda
for each meeting of City Council for the purpose of identifying any matters in which she might have an
actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she
identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Council Member Wilson
regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
November 17, 2020
22
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 identibl 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.
November 17, 2020
23
CERTIFICATION
ITEM#71018
Upon motion by Council Member Moss, seconded by Council Member Abbott, 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: 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
November 17, 2020
J�4 y,G r04 , , ,..„
u i a
r
J OF OUR Nwa"•
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#71017 Page 20 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.
Amida Ba e , MMC
City Clerk November 10, 2020
24
ITEM— VLE.1
MAYOR'S PRESENTATION
ITEM#71019
PROCLAMATION
NATIVE AMERICAN HERITAGE MONTH
Mayor Dyer welcomed Chief Emeritus Lee Lockamy — Nansemond Indian Nation and presented the
Proclamation declaring November 2020, "Native American Heritage Month" and November 25, 2020
"American Indian Day of Appreciation". Mayor Dyer called upon citizens, government agencies,public
and private institutions, businesses and schools in the City to recognize the contributions of the Native
Americans to the history and development of the City, State, and Nation and to commemorate this month
with appropriate activities.
Chief Lockamy expressed his appreciation to City Council for their continuous support.
November 17, 2020
0‘N'A•BEAc
7.
c° _
•
Y``_ _ i
t
d Op OUR NA105
firodantation
Whereat Native Americans have utilized the abundance of natural resources in Virginia and Virginia
Beach for over 15,000 years;and
Whereas: Sign ficant archaeological sites have been found in Virginia Beach that reveal the details of
Native American life here;and-
Whereas: The Chesapeakg Indian Tribe resided in village settlements in'Virginia Beach at the time of or just
prior to the early seventeenth century arrival of permanentEnglsh colonists in the region;and-
Whereat. Native Americans assisted the English colonists in their survival in the Virginia environment;and-
Whereas: Members of the Nansemond Indian Nation moved eastward settling in areas that included
Virginia Beach;and
Whereat The Commonwealth of Virginia is home to 11 state-recognized Indian tribes and officially
recognized the Nansemond Indian Nation in 1985;and
Whereat The'United States of America officially recognized the NansemondIndian Nation in 2018;and
Whereat Members of the Nansemond Indian Nation continue to be vital members of the community in
Virginia Beach today;and
Whereas: Chief'Emeritus Lee Lockgmy is a resident of the City of Virginia Beach;and-
Whereat November was first declared as Native American Heritage Month in the 'United States of
America in 1990;and
Whereat The Commonwealth of Virginia has commemorated November as Native American Heritage
Month since 1996;and
'. iereas: The Commonwealth of 'Virginia has recognized' the 'Wednesday immediately preceding
Thanksgiving as a Native American Indian Day of Appreciation;and
Whereat Native American Heritage Month is an opportunity to celebrate the American Indians who calf
Virginia Beach home, whose abilities and contributions strengthen our economy, enrich Virginia
Beach's diverse culture,and invigorate Virginia Beach's communities.
Now'Therefore,1&6en M. Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim:
November 2020
Native American 5leritage flonth
I further prodding:
November 25, 2020
American Indian Day of Appreciation
In Virginia Reach and furthermore call upon the citizens,government agencies,public and private institutions,
businesses and schools in Virginia Beach to recognize the contributions of Native Americans to the history and
development of the city,state and nation and to commemorate this month with appropriate activities.
In Witness Whereof I have hereunto set my hand and caused'the Official Seal of the City of Virginia Beach
Virginia,to 6e affixed this seventeenth day of November 2020.
/ 41difrtP)1•1"<1
Robert M. "Bobby-Dyer
Mayor
25
ITEM— VLE.2
MAYOR'S PRESENTATION
ITEM#71020
RESOLUTION IN RECOGNITION
FORMER POLICE CHIEF JAMES A. CERVERA
Mayor Dyer welcomed former Police Chief James A. Cervera and read the Resolution recognizing Chief
Cervera's commitment to public service and public safety since July 1, 1978. Chief Cervera was sworn in
as Chief of Police on September 1, 2010, and established programs and policies that significantly
contributed to the Police Department, leading the Police Department through the May 31'tragedy while
representing the City as he provided assistance and care to the victims, their families and police officers.
His leadership was vitally important to the perseverance and is recognized throughout the community. On
behalf of all City Council Members, Mayor Dyer expressed their appreciation to Chief Cervera for his
outstanding contributions to the City and Police Department.
Chief Cervera expressed appreciation to City Council, his wife and fellow officers for their continuous
support.
November 17, 2020
4\4G0NtA B£AC HU
qs e
0,04'
RESOLUTION
WHEREAS:James A.Cervera has dedicated his life to public service and public safety,and we recognize his tireless commitment;
WHEREAS:He was sworn in with the Virginia Beach Police Department on July 1,1978;
WHEREAS:He had numerous assignments with the Police Department including SWAT Team Leader,Labor Day Task Force,
Professional Development&Training, Chiefs Staff, Commanding Officer of the 2nd Precinct,and Deputy Chief of Operations&
Investigative Divisions;
WHEREAS:He was sworn in as Chief of Police on September 1,2010;
WHEREAS:He established significant programs and policies in the Police Department including the first Community Policing
grants, CompStat(formerly known as STARS)policing accountability and crime reduction program,Human Rights Commission
LGBTQ Liaison, AEDs/naloxone/and tourniquets for all patrol, West Point Leadership (now IACP Leadership in Police
Organizations)for supervisory staff VBPD Citizens, Senior Citizens& Youth Police Academies, Cadet Challenge Program, and
Project Lifesaver;
WHEREAS:After the May 31&Shooting, he led the Police Department and represented the City through an unprecedented
tragedy,providing immeasurable contributions in the form of fielding the media while respecting the victims,victim's families,and
all those impacted by the tragedy,as well as facilitating care and attention for the officers involved.His leadership during this time
was vitally important for the City's perseverance and is recognized throughout our community;
WHEREAS.He was a member of FEMA VA Task Force 2 Team that responded to the Pentagon in 2001;
WHEREAS:He was appointed to Governor Terry McAuliffe's Prescription Drug&Heroin Abuse Task Force in 2014;
WHEREAS:He continued his public service by sening as a Major Cities Chiefs Association Board Member, Policing Fellow"with
the National Police Foundation, Chesapeake Bay Alcohol Safety Action Program(ASAP)Board Member,and Virginia Criminal
Justice Services Board Committee member;
WHEREAS:He achieved numerous educational successes including Bachelor's Degree in Criminal Justice(Saint Leo University),
Master's Degree in Public Administration (Old Dominion University), FBI National Academy Session 171, Police Executive
Leadership School(University of Richmond), University of Virginia's Senior Executive Institute,Senior Management Program in
Policing(Boston University)and National Executive Institute;
WHEREAS:He is the recipient of numerous awards, to include:Employee Hall of Fame(2017), Human Rights Commission's
Inaugural Human Rights Award(1994), Proclamation by former Governor Gilmore for efforts in community policing(1991),
Department of Army Award of Recognition(2001),LEAD Hampton Roads Class of 2002 Exemplary Leadership Award,LEAD
Board Partnership Excellence Award(2005),and Wesley Award-Virginia Wesleyan University(2019);
WHEREAS:On this day, we honor a public servant whose leadership and commitment to public safety has immensely benefited
the City;
NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to JAMES A.
CERVERA for his outstanding contributions to our City and our Police Department.
Given under our hands this 17h day ofNovemberrj 2020.
4
1.
Councif9Kem rJessica PP.Abbott Councif91em6er9Kichae(E.Berfuccfi ounci( �/�Mem6erBar6ara 1.7fe
`-‘31"7"--4 ‘fs/C/e— —
Councif9lem6 Louis X Jones ncilIlem6 John D. Moss Cou cit.Yem6erAaro '.Rouse
1
Counci 911em6erGuy IC To Councif9l(em6 osemary Wilson Now
Co ncifWe•eerSabrina D.Wooten
'IIiff
ayor James L Wood Mayor Ro ert 34. `Bo y"Dyer
26
ITEM— VLF.1
BID OPENING
ITEM#71020
Mayor Dyer DECLARED A BID OPENING:
BIDS FOR NONEXCLUSIVE FRANCHISE AGREEMENT
Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for a
Nonexclusive Franchise Agreement for the purpose of installing, operating and maintaining network
facilities for wireless telecommunication services within the City's public streets and rights-of-way.
One bid was received. SimIS Holdings, LLC. has bid the following:
- 20-year franchise
- All installations will be underground
- Bidder will be solely responsible for paying cost of removal or relocation of its facilities
if public projects necessitate removal or relocation
Are there any other persons that desire to submit a bid at this time?
There being no further bids, the bidding is closed.
City staff has evaluated the bid received from SimIS Holdings, LLC, and recommends that the company be
granted the Franchise.
We will now open a Public Hearing for the proposed Nonexclusive Franchise Agreement to install, operate
and maintain network facilities for wireless telecommunication services within the City's public streets and
rights-of-way.
November 17, 2020
27
ITEM— VLG.1
PUBLIC HEARINGS
ITEM#71021
Mayor Dyer DECLARED a PUBLIC HEARING:
NON-EXCLUSIVE FRANCHISE USE— Telecommunication Services
SimIS Holdings, LLC
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
November 17, 2020
28
ITEM— VLG.2
PUBLIC HEARINGS
ITEM#71022
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY
Five(5)parking spaces located on the uppermost parking deck of the
31S1 Street Parking Garage to T-Mobile Northeast, LLC
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
November 17, 2020
29
ITEM— VLG.3
PUBLIC HEARINGS
ITEM#71023
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY
420 square feet of the right-of-way located near the intersection of
Atlantic and Pacific Avenues at the entrance of Oceanfront Marriott
Hotel, to Oceanfront Investments, LLC re free-standing monument
sign
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
November 17, 2020
30
ITEM- VLJ.
FORMAL SESSION AGENDA
ITEM#71024
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 speaker:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:Agenda Items Ordinances/Resolutions
I: 1, 2, 3, 4, 6, 7, 8, 9, I a/b/c and 12a/b and Planning Items J: 1, 2, 6, 7, 8, 9, 10, 11, 15, 19 and 20
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY
CONSENT, Agenda Items Ordinances/Resolutions I. 1, 2, 3, 4, 5, 6, 7, 8, 9, 1la/b/c and 12a/b and
Planning Items J:1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 19 and 20
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
I. ORDINANCES/RESOLUTIONS:
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#1, 2 AND 3
COUNCIL MEMBER ABBOTT WILL VOTE VERBAL NAY ON ITEM#2
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEM#2
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#5 REGARDING THE DOME SITE
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#6 REGARDING OFFSHORE WIND
ITEM#10 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER ABBOTT WILL ABSTAIN ON ITEM#10 SPECIFIC TO SECTION 1.a/l.a.i
J. PLANNING:
ITEMS#12, 13, 14, 16, 17 AND 18 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER ABBOTT WILL ABSTAIN ON ITEM#14
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#15, 19 AND 20
COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ITEMS#15 AND 19
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#15, 19 AND 20
November 17, 2020
31
ITEM— VI.I.1
ORDINANCES/RESOLUTIONS
ITEM#71025
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5)years
with T-Mobile Northeast, LLC for five (5)parking spaces at the 31s`Street Parking Garage re installing
and maintaining antennas and radio equipment
Voting: 10-1
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,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
November 17, 2020
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS
3 WITH T-MOBILE NORTHEAST, LLC FOR 5 PARKING
4 SPACES AT THE 31ST STREET PARKING GARAGE
5
6 WHEREAS, the City of Virginia Beach (the "City") and the City of Virginia Beach
7 Development Authority jointly own the condominium known as the 31st Street Parking
8 Garage (GPINs: 2428-02-5017 and 2824-01-5951) (the "Parking Garage");
9
10 WHEREAS, the 31st Street Parking Garage Condominium Owners Association
11 (the "Association") is responsible for administering the affairs of the Parking Garage;
12
13 WHEREAS, T-Mobile Northeast LLC, a Delaware limited liability company ("T-
14 Mobile") has been using 5 parking spaces (the "Premises") on the uppermost level of the
15 Parking Garage on a short-term basis since August 1, 2018;
16
17 WHEREAS, T-Mobile is using the Premises for the purposes of installing and
18 maintaining antennas and radio equipment to enhance wireless communication in the
19 City;
20
21 WHEREAS, T-Mobile desires to enter into a formal lease agreement for the use of
22 the Premises for up to five years; and
23
24 WHEREAS, City staff supports leasing the Premises for the stated purpose as the
25 services provided by T-Mobile will benefit the citizens of the City and will not adversely
26 affect the public's use of the Parking Garage.
27
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30
31 That the City Manager or his designee, as the Association's Executive Officer, is
32 hereby authorized to execute a lease for up to five (5) years between the Association
33 and T-Mobile for the Premises, in accordance with the Summary of Terms attached
34 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or
35 modifications as may be acceptable to the City Manager and in a form deemed
36 satisfactory by the City Attorney.
37
38 Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of
39 November , 2020.
APPROVED AS TO I EGAL APPROVED AS TO CONTENT
SUFFICIENCY A11ID FORM / V�
City Attorney SGA/ Par ing P and"gement
CA14871
t\vbgov.com\dfs l tapplicationslcitylaw`,cycom321wpdocs\d0201p036‘00676249.doc
R-1
November 5, 2020
EXHIBIT A
SUMMARY OF TERMS
LESSOR: 31st Street Parking Garage Condominium Owners Association
(Condominium Unit Owners: City of Virginia Beach and City of
Virginia Beach Development Authority)
LESSEE: T-Mobile Northeast LLC, a Delaware limited liability company,
authorized to transact business in Virginia
PREMISES: Five (5) Parking Space located on the uppermost deck of the 31st
Street Parking Garage (GPINs: 2428-02-5017 and 2824-01-5951)
TERM: Five (5) Years (December 1, 2020 — November 30, 2025)
RENT: $18,000 annually
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Lessee shall use Premises for installation and maintenance of antennas and
radio equipment, and for no other purpose.
• Lessee shall comply with all federal, state and local statutes, ordinances and
regulations currently in affect or subsequently adopted.
• Lessee shall maintain commercial general liability insurance with limits not
less than $1,000,000 combined single limit (CSL).
• Lessee shall assume responsibility and liability for any loss or damage
resulting from the use of the Premises and shall hold the Lessor harmless for
such loss or damage and any related claims.
TERMINATION:
• Either party may terminate the lease by giving sixty (60) days' written notice.
32
ITEM— VLI.2
ORDINANCES/RESOLUTIONS
ITEM#71026
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Use Agreement for up to five
(5)years with Chick's Marina Properties, L.L.C. (a/k/a Chick's Oyster Bar)for the Non-Exclusive Use of
24 parking spaces located at the Lynnhaven Municipal Marina (13 spaces between 4 a.m. - 4 p.m. & 24
spaces between 4 p.m. -4 a.m.)
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.
Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Members Voting Nay:
Jessica P. Abbott,John D. Moss and Barbara M. Henley
Council Members Absent:
None
November 17, 2020
A
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A USE AGREEMENT
3 FOR UP TO FIVE YEARS WITH CHICK'S
4 MARINA PROPERTIES, L.L.C. (A/K/A CHICK'S
5 OYSTER BAR) FOR THE NON-EXCLUSIVE
6 USE OF 24 PARKING SPACES LOCATED AT
7 THE LYNNHAVEN MUNICIPAL MARINA
8
9 WHEREAS, The City of Virginia Beach (the "City") owns property located at 3211
10 Lynnhaven Drive (GPIN: 1489-98-2246), known as the Lynnhaven Municipal Marina (the
11 "Marina Property");
12
13 WHEREAS, Chick's Marina Properties, L.L.C., a Virginia limited liability company
14 ("Chick's"), owns property located at 2143 Vista Circle (GPIN: 1489-88-9038), known as
15 Chick's Oyster Bar, which is adjacent to the Marina Property;
16
17 WHEREAS, in 2014 and 2018, during various renovation and repair projects,
18 Chick's and the City entered into short-term parking agreements for Chick's use of parking
19 spaces at the Marina Property;
20
21 WHEREAS, Chick's desires to enter into a formal agreement with the City for the
22 non-exclusive use of 24 parking spaces at the Marina Property (the "Use Agreement"),
23 as shown on Exhibit A attached hereto and made a part hereof;
24
25 WHEREAS, the Use Agreement would be for a term of 6 months (April through
26 September), with the option to extend on a month-to-month basis during the off-season,
27 and would include 4 additional renewal options (April through September) on the mutual
28 agreement of the parties; and
29
30 WHEREAS, the terms and conditions of the Use Agreement are more specifically
31 set forth in the Summary of Terms, attached hereto as Exhibit B and made a part hereof.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
36 That the City Manager, or his designee, is hereby authorized to execute a Use
37 Agreement with Chick's Marina Properties, LLC, a Virginia limited liability company, for
38 the non-exclusive use of 24 parking spaces located at the Lynnhaven Municipal Marina
39 as shown on Exhibit A, attached hereto and made a part hereof, so long as the terms and
40 conditions are in accordance with the Summary of Terms, attached hereto as Exhibit B,
41 and made a part hereof, and such other terms, conditions or modifications as may be
42 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
43
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 thday of
45 November , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Pa s & ecreation City Attorney
CA14867
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EXHIBIT B
SUMMARY OF TERMS
CITY: City of Virginia Beach (the "City")
USER: Chick's Marina Properties, L.L.C. (a/k/a Chick's Oyster Bar)
PROPERTY: 24 Parking Spaces Located at the Lynnhaven Municipal Marina (in the
locations as shown on Exhibit A)
TERM: April 1, 2021 through September 30, 2021, with the option to renew for
(4) additional six-month terms
The Use Agreement will only be effective for the months of April through
September of each year, with the User having the option to expand the use
on a month-to-month basis, on written request and mutual consent.
USE FEE: $50.00 per space, per month
RIGHTS AND RESPONSIBILITIES OF USER:
• Parking spaces to be used for vehicle parking for User's employees (only)
and for no other purpose
• Use of the spaces to be non-exclusive and subject to availability
• 13 spaces may be used anytime through the day and 11 spaces may be used daily after
4:00 p.m. only.
• Provide a certificate of insurance, naming the City as additional insured, with combined
single limit coverage in the amount of $1,000,000.
• Indemnify and hold the City harmless from of all claims related to the use of the
Property.
• Comply with all federal, state and local statutes, ordinances and regulations.
• Keep the Property free of all trash and debris.
RIGHTS AND RESPONSIBILITIES OF THE CITY:
• City will be responsible for normal and routine maintenance of the paved area of the
Property.
TERMINATION:
• City may terminate upon giving seven (7) days' written notice to User in the event of
default of the terms of the agreement or if the Property is needed for any public purpose.
• User may terminate for any reason upon giving seven (7) days' written notice to the City.
33
ITEM— VLI.3
ORDINANCES/RESOLUTIONS
ITEM#71027
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND Section 7 of Appendix J, Agricultural Reserve Program re eligibility
criteria (Requested by Councilmember Henley)Deferred from November 10, 2020
Voting: 10-1
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,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
November 17, 2020
1 REQUESTED BY COUNCILMEMBER HENLEY
2
3 AN ORDINANCE TO AMEND SECTION 7 OF
4 APPENDIX J, AGRICULTURAL RESERVE
5 PROGRAM, PERTAINING TO ELIGIBILITY
6 CRITERIA
7
8 Section Amended: § 7 of Appendix J,
9 Agricultural Reserve Program
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 That Section 7 of Appendix J, Agricultural Reserve Program is hereby amended
18 and reordained to read as follows:
19
20 Sec. 7. — Eligibility criteria.
21
22 Preservation easements may be purchased only upon property meeting all of the
23 following criteria:
24
25 (a) The property shall be no less than ten (10) acres in area, or be included in a
26 batch in which the combined area of contiguous property is no less than ten
27 (10) acres in area;
28
29 (b) The property shall be wholly located within a residential zoning district, an AG-1
30 or AG-1 Agricultural District or a P-1 Preservation District, or any combination of
31 such zoning districts; and
32
33 (c) The property shall be capable of being subdivided or developed for
34 nonagricultural uses without the approval of the city council. Except when the
35 action needed from City Council is a subdivision variance, required for the lack
36 of frontage because the frontage of the lot is impacted by the floodplain subject
37 to special restrictions (Appendix K) or the lot was created as a flag lot. Such
38 lots shall be considered developable for this section.
39
40 . . . .
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day
of November 2020.
41(eW41.
Agriculture Department City Attorney's Of if ce
CA14601/R-7/October 29, 2020
34
ITEM— VLL4
ORDINANCES/RESOLUTIONS
ITEM#71028
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 21-230 re inclusion of Kings Grant Road in the
Traffic Calming Program
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
November 17, 2020
1 AN ORDINANCE TO AMEND SECTION 21-230
2 OF THE CITY CODE PERTAINING TO
3 TRAFFIC CALMING
4
5 SECTION AMENDED: § 21-230
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH.
9 VIRGINIA:
10
11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 21-230. - Traffic calming via maximum speed limits in certain residential
15 districts; penalty.
16
17 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor
18 vehicle in excess of the maximum speed limit established for any portion of the following
19 highways located within the designated neighborhoods, on or after the effective date,
20 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars
21 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be
22 suspended unless the court orders twenty (20) hours of community service.
23 (1) L&J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue.
24 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton
25 Road; Old Kempsville Road.
26 (3) Lake Shores: Jack Frost Road; Lake Shores Road.
27 (4) Little Neck: Harris Road.
28 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith
29 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane;
30 Smith Farm Road.
31 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way.
32 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake
33 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive.
34 (8) Country Haven: Stewart Drive.
35 (9) Fairfield: Lord Dunmore Drive.
36 (10) Bellamy Manor: Homestead Drive.
37 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive.
38 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery
39 Drive.
40 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road).
41 (14) Milburn Manor: Davis Street.
42 (15) Lake James: Lake James Drive.
43 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd.
44 Effective as of April 6, 2004:
45 (1) Croatan: Croatan Road.
46 (2) Birdneck Point: Cardinal Road.
47 Effective as of April 5, 2005:
48 (1) Thoroughgood: Thoroughgood Drive.
49 (2) Hermitage Road.
50 Effective as of September 12, 2006:
51 (1) Kings Grant: Oxford Drive.
52 Effective as of January 27, 2009:
53 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road.
54 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road.
55 Effective as of August 10, 2010:
56 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the
57 1900 block of Grey Friars Chase.
58 Effective as of September 5, 2018:
59 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue.
60 Effective as of November 12, 2019:
61 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road.
62 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall
63 Drive.
64 Effective as of November 17, 2020:
65 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh
66 Drive.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th
day of November , 2020.
APPRO E AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
3 • ())2AArt
olice epartment City omey's Office . T�'
APPROVED AS TO CONTENT:
A
Public Works
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35
ITEM— VLLS
ORDINANCES/RESOLUTIONS
ITEM#71029
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT,Resolution to ADOPT the City's 2021 Legislative Agenda
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
*Council Member Moss abstained on item #14 regarding the Dome Site Development
November 17, 2020
REQUESTED BY THE CITY COUNCIL
1 A RESOLUTION ADOPTING THE CITY'S 2021
2 LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and
5 requests members of the City's local delegation to the General Assembly sponsor
6 and/or support legislation therein; and
7
8 WHEREAS, the City Council has considered a number of goals and objectives
9 for inclusion in the City's 2021 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 2021 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 or support legislation in the 2021 Session of the General Assembly that would
22 carry out the goals and objectives of the City as set forth in its Legislative Agenda.
23
24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
25 BEACH, VIRGINIA:
26
27 That the City Clerk is hereby directed to transmit a copy of this resolution to each
28 member of the City's local Delegation to the General Assembly.
29
30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 1 7 r h
31 day of November , 2020.
APPROVED TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
cilekq ) -
I
ity Manager's ice City Attorney's Office
CA15181
R-1
September 30, 2020
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ADOPTED
LEGISLATIVE AGENDA
GENERAL ASSEMBLY
2021 SESSION
November 17, 2020
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
CITY OF VIRGINIA BEACH-GENERAL A SSEMBL Y DELEGATION
Senator Lynwood W. Lewis, Jr. —Senate District 6
Senator Jen A. Kiggans— Senate District 7
Senator William R. DeSteph, Jr. —Senate District 8
Senator John A. Cosgrove, Jr. — Senate District 14
Delegate Kelly K. Convirs-Fowler—House District 21
Delegate C. E. "Cliff' Hayes, Jr. —House District 77
Delegate Barry D. Knight—House District 81
Delegate Jason R. Miyares—House District 82
Delegate Nancy D. Guy—House District 83
Delegate Glenn R. Davis—House District 84
Delegate Alex Q. Askew—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. COMMONWEALTH OF VIRGINIA COMMUNICATIONS TAX UPDATE 5
SPONSORED BY CITY COUNCIL
2. FULL FUNDING FOR THE STEP-VA PROGRAM 6
SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES
3. HEART DISEASE PRESUMPTION FOR SALARIED EMS PERSONNEL 9
SPONSORED BY VICE-MAYOR JIM WOOD
4. OBTAINING PRESCRIPTION DRUGS BY FRAUD,DECEIT,OR FORGERY 10
SPONSORED BY VICE-MAYOR JIM WOOD
5. SMART SCALE-RESILIENCY 11
SPONSORED BY COUNCILMEMBER BARBARA HENLEY
6. LIMITATIONS ON THE NUMBER OF BALLOONS THAT MAY BE SET FREE 13
SPONSORED BY COUNCILMEMBER GUY TOWER
7. DEFINITION OF SMALL BUSINESS 14
SPONSORED BY COUNCILMEMBERS SABRINA WOOTEN&ROSEMARY WILSON
8. DIVERSITY IN JUDICIAL APPOINTMENTS 15
SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
9. RESTORE FUNDING DURING THE 2021 SESSION FOR THE RENOVATION OF BUILDING 2 IN
RESPONSE TO THE EVENTS OF MAY 31,2019 16
SPONSORED BY CITY COUNCIL
10.REQUEST THE GENERAL ASSEMBLY RESTORE FUNDING TO K-12 EDUCATION 17
SPONSORED BY CITY COUNCIL
11.STORMWATER SUPPLEMENTAL FEE TO SUPPORT FLOOD MITIGATION BOND REFERENDUM 18
SPONSORED BY COUNCILMEMBER JOHN MOSS
12.REQUEST FOR A$10 MILLION APPROPRIATION FOR THE HAMPTON UNIVERSITY PROTON
THERAPY CANCER INSTITUTE 19
SPONSORED BY COUNCILMEMBER SABRINA WOOTEN
13.REQUEST THE GENERAL ASSEMBLY TO FIND ALTERNATIVE SOURCES TO FUND MASS TRANSIT
IN HAMPTON ROADS 20
SPONSORED BY COUNCILMEMBER GUY TOWER
14.AMENDMENTS TO 2020 ACTS OF ASSEMBLY FOR THE ATLANTIC PARK/DOME SITE
DEVELOPMENT 21
SPONSORED BY COUNCILMEMBER GUY TOWER
iii
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG
TERM POLICY POSITIONS
} I5
1. 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$10 million less
per year than when the tax first went into effect over a decade ago. This $10 million decline is equal to a 33%
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. In total, the City averaged a 3.4% per year reduction in
Virginia Telecom Tax Revenue between Fiscal Year 2007-08 and Fiscal Year 2019-20.
Virginia Telecom Tax: FY 08-FY20
$31 $30
$29 $27 $28 $28 $27 $27 $26 $26
P, $27 $25 125
$25 $24
$23 $22
$21 1 $20
$19
$17
$15
FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
■Actual
Consistent with these declines, the City has sizably lowered its budgeted projections for Telecom Tax
revenue.Yet,Fiscal Year 2020 actual receipts came in less than the lowered amount budgeted for Fiscal Year
2021. Should the present tax structure continue as is,the City will likely see a decline in this revenue source
in Fiscal Year 2022 that would bring the total amount of revenue received by the City to around$17 million.
FY 2020 Budgeted FY 2021 Budgeted FY 2021 Estimate (Using
Historic Average)
$23.4 million $20.3 million $ 17.5 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.
YA i[
11{_
':� ;.•-.- 16
2. FULL FUNDING FOR THE STEP-VA PROGRAM
SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
Background Information:
While Virginia's overall ranking in the 2020 State of Mental Health Report released in February 2020 by
MH America (MHA) ranked the Commonwealth at 27th nationwide (up from 33`d in 2019), Virginia ranked
42nd for adult mental health (down from 35th in 2019). MHA indicates any state with a ranking of 39-51
indicate that adults have higher prevalence of mental illness and lower rates of access to care. The decrease
in our adult mental health ranking means more adults reported they were not able to receive the treatment
they needed. Although Virginia's youth mental health ranking improved to 17th, the prevalence of youth
with Major Depressive Episode dropped to 24th. Virginia's overall access to mental health care in in the
2020 MHA report depicts the greatest challenge for Virginians with a rank of 37th in the nation. Additionally,
Virginia has continued to be low while the percentage of inmates with mental disorders in jails has continued
to increase annually. (Virginia Compensation Board)
The need for a comprehensive, effective and accessible system of mental health services is quite clear. When
individuals are not able to receive the treatment and services they need for the cause of their mental health
crisis in their communities, the effect often include: homelessness, suicide, substance use, incarceration,
frequent hospitalizations, and use of emergency rooms. The increased need for services due to COVID-19
has been widely reported and are likely to be reflected in the Virginia Department of Behavioral Health and
Developmental Services (DBHDS) 2020 statistical reports.
STEP-VA(System Transformation, Excellence and Performance in Virginia)when fully funded will provide
the community mental health care system which have been needed for many years. STEP-VA was developed
in 2015 through a federal planning grant received by DBHDS to address this systematic delivery approach
to providing mental health services by providing quality, access, accountability and consistency across all
Community Services Boards. The federal planning grant providing the means 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.
Same Day Access and Primary Care Screening were fully funded and implemented in 2019 and Outpatient
Services and Crisis Services were partially funded.
1
r I7
The 2020 General Assembly provided additional funding for partial implementation of STEP-VA: FY 2021-
$19,704,173; FY 2022 - $30,151,414.
In April 2020, due to the COVID-19 emergency, these funds were unallocated; a freeze was placed on new
spending until economic circumstances improved and revenues could be forecasted again. The 2021
Governor's budget priorities will be outlined in mid-November and the 2021 General Assembly House and
Senate Finance and Appropriations Committees will likely be inundated with requests to amend the
Governor's budget post-COVID. As a lack of fully funding the mental health needs of our citizens can have
a domino effect of many other areas of the state and individual localities budget,restoring the funding levels
for STEP-VA must be ranked among the highest of budget priorities.
Request:
The City requests that the General Assembly restore funds allocated by the 2020 General Assembly and
provide the remaining funds needed for the full implementation of the STEP VA System throughout the
Commonwealth to ensure all nine Core Services are implemented by 2021.
Oft
•.5 j.
18
SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY
INITIATIVES
3. 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, and(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.
4.1E1fr
to
4. OBTAINING PRESCRIPTION DRUGS BY FRAUD, DECEIT, OR FORGERY
SPONSORED BY VICE-MAYOR JIM WOOD
Background Information:
Over the past year,the City of Virginia Beach has experienced an increase in the amount of illegally obtained
prescription drugs via rogue interne sites that sell prescription drugs without valid prescriptions. These drugs
are not FDA approved, and are often adulterated or misbranded. This involves Schedule II narcotics as well
as Schedule III—Schedule VI drugs.
Request:
The General Assembly is requested to initiate legislation criminalizing the purchase of prescription drugs or
procuring administration of prescription drugs including controlled substances by fraud, deceit, or forgery.
le.:\,47,.
..: ft 1111
5. SMART SCALE - RESILIENCY
SPONSORED BY COUNCILMEMBER BARBARA HENLEY
Background Information:
According to the Virginia General Assembly, it is in the "public interest that a prioritization process...be
...implemented to improve the efficiency and effectiveness of the state's transportation system,
transportation safety, transportation accessibility for people and freight, environmental quality, and
economic development in the Commonwealth"(§33.2-214.1 of the Code of Virginia). This process,known
as SMART SCALE, allows the Commonwealth Transportation Board and the Virginia Department of
Transportation to score and subsequently award funds to new transportation construction projects
throughout the Commonwealth of Virginia. In the forthcoming SMART SCALE Round 4, it is estimated
that $1 billion will be distributed to projects based upon this scoring system.
Despite the existence of categories covering congestion mitigation, economic development, accessibility,
safety,and environmental quality,no category considers or evaluates a metric that will define the efficiency
and effectiveness of the Hampton Roads and Virginia Beach transportation system in the 21st Century:
resiliency. Although resiliency could be accounted for within several of the existing categories, to date,
resiliency is not mentioned in their definitions. For example, safety considers crash frequency and rate,while
environment scores are based upon sensitive acreage disturbed and air quality.
As a result of this exclusion, Virginia Beach and other localities transportation projects that are in part
designed due to the threat of climate change, rising seas, and disruptive weather events score poorly in the
SMART SCALE process. Further, projects that score in the existing categories are not given an additional
benefit for their potential longevity. Given the critical need for the transportation sector to be part of the
City, region, and Commonwealth's response to sea level rise,resiliency must be considered a factor in
Round 5 of SMART SCALE and in other future awards of transportation dollars by the Commonwealth
Transportation Board and the Virginia Department of Transportation.
Request:
The City Council of the City of Virginia Beach requests that the General Assembly amend §33.2-214.1
to incorporate resiliency. Specifically, the City requests that §33.2-214.1(A) be rewritten to read 'The
General Assembly declares it to be in the public interest that a prioritization process for projects funded
by the Commonwealth Transportation Board be developed and implemented to improve the efficiency
and effectiveness of the state's transportation system,transportation safety,transportation accessibility for
people and freight, current and future transportation resiliency, environmental quality, and economic
development in the Commonwealth" and that §33.2-214.1(B)(1) state, "The prioritization process shall
be based on an objective and quantifiable analysis that considers, at a minimum, the following factors
relative to the cost of the project or strategy: congestion mitigation, economic development, accessibility,
safety, and environmental quality, and resiliency."
Furthermore, the City Council requests that the Commonwealth Transportation Board and the Virginia
Department of Transportation adopt the following definition of resiliency: "The ability to anticipate,
prepare for , or adapt to conditions; or withstand, respond to, or recover rapidly from disruptions;
e
ff 112
including the impacts of sea level rise, extreme weather events,flooding, or other natural disasters. This
resilience should extend to the entire transportation system including all modes and components such as
roads, railroads, waterways, runways, power from multiple sources and various fuels, control and
communications location systems, consideration of alternative routes. Alternative- especially harden
routes for which there are no good alternative, alternative sources and backup system for fuels and
backup control, communications, location systems, increased flooding from sea level rise, subsidence,
increased occurrence of record storms, increased intensity of hurricanes, winter weather events and other
extreme climatological and other climatological occurrences".
Put very simply, a road system is only as good as it's drainage system, or the electrical system for traffic
control, etc. For instance,VDOT is now requiring that road and bridge projects take into account projected
sea level rise,but no additional credit is given to those added costs.
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6. LIMITATION ON THE NUMBER OF BALLOONS THAT MAY BE SET FREE
SPONSORED BY COUNCILMEMBER GUY TOWER
Background Information:
The Virginia Aquarium & Marine Science Center, Clean Virginia Waterways, Christina Trapani Consulting,
and Virginia's Coastal Zone Management Program have been monitoring coastal shorelines, water quality,
and marine animal health in the state for more than 25 years. During this period, the Virginia Aquarium
conducted coastal surveys, responded to stranded animals, and identified and documented the impacts of
balloons on the environment.During these surveys,more than 150 balloons and balloon parts(ribbons,plastic
closures) were recorded per mile of beach. Balloon litter injures and kills wildlife — more than 30 animal
species are known to be impacted by balloons. The Virginia Aquarium's nationally recognized stranding
response team has documented numerous balloons ingested by endangered sea turtles and marine mammals.
In Virginia, it is currently legal for any person to release up to 49 balloons within a one-hour period — in
essence, it is legal to litter. Released balloons are a particularly insidious form of litter because of the ease
with which they travel great distances and impact even remote areas. The Virginia Aquarium studies have
documented balloons on Virginia beaches from as far away as Northern Virginia and even other states such
as North Carolina, Maryland, New York, West Virginia, and Kansas.
Request:
The General Assembly is requested to support legislation for the prohibition of any person for the deliberate,
outdoor release, of any balloon(s). The proposed legislation would include a civil penalty of$25 per balloon
released, to be paid into the Nongame Wildlife Fund of the Virginia Department of Wildlife Resources. The
bill would have exceptions for government agencies and releases for approved scientific and meteorological
purposes.
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27 ,,J:t 114
7. 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.
(i , 1 5
8. DIVERSITY IN JUDICIAL APPOINTMENTS
SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
Background Information:
Bringing diverse experiences and perspectives to bear, allows judges to make better informed decisions
and increases public confidence in their rulings. Given the diversity of the citizenry subject to the power
of local courts in Virginia, judges from different backgrounds and experiences help to enrich judicial
decision-making by including a variety of voices and perspectives.Despite these important benefits,the City's
courts do not reflect the diversity of the City they serve. A recent retirement from this court has exacerbated
this problem.
Request:
The City requests that the General Assembly give favorable consideration to judicial candidates who are
exceptionally well-qualified, but who also reflect the full diversity of the community they serve, and
especially candidates of color, when filling any Virginia Beach court vacancy.
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`.;.. 116
9. RESTORE FUNDING DURING THE 2021 SESSION FOR THE RENOVATION
OF BUILDING 2 IN RESPONSE TO THE EVENTS OF MAY 31, 2019
SPONSORED BY CITY COUNCIL
Background Information:
In response to the tragedy of May 31, 2019, City Council has pledged to not require workers previously
working from Building 2 to return to those office spaces. The City is planning a total of $83 million of
expenditures to renovate three buildings in order to accommodate the workers from Building 2 into facilities
that better serve the public.The displaced employees are working from over 20 different locations throughout
the City. $4 million has been expended for designing the needed renovations.Building 2 would be repurposed
as Police headquarters and the first precinct headquarters,the current Police headquarters building,would be
renovated at the cost of $19 million to accommodate some of the workers previously in Building 2. The
current City Hall would be renovated at a cost of$30 million to accommodate the remainder of the displaced
workers.
Request:
The General Assembly is requested to appropriate $10 million during the regular 2021 General Assembly
session to the City to assist in renovations to the Building 2 at the City Hall complex made necessary due to
the tragedy of May 31, 2019.
t9
� 17
10. REQUEST FOR THE GENERAL ASSEMBLY TO RESTORE FUNDING TO K-12
EDUCATION
SPONSORED BY CITY COUNCIL
Background Information:
The General Assembly in its Regular Session of 2020 adopted significant increases in funding for
kindergarten through 12th grade education. This additional funding would have provided substantial increases
to teachers and other school system employees. Following the realization of the impact of the COVID-19
epidemic, the General Assembly re-allotted over$2 billion in K-12 funding and subsequent to that defunded
that amount. While although the state and the nation as a whole are still suffering under the impacts of
COVID-19, impacts on the revenues of the Commonwealth are substantially less severe than envisioned just
two months ago. The General Assembly may be in a position in January to restore a substantial amount of
the funding that has been reduced for K-12 and other uses.
Request:
The General Assembly is requested, to the extent possible, restore the de-allotted funding to K-12 made
necessary after the adjournment of the Regular Session of 2020 with revenues much improved over that
forecast just a few months ago.The General Assembly may be in a much better position fiscally by the middle
of February 2021 when final decisions on the budget must be made.
‘ r
18
11. STORMWATER SUPPLEMENTAL FEE TO SUPPORT FLOOD MITIGATION
BOND REFERENDUM
SPONSORED BY COUNCILMEMBER JOHN MOSS
Background Information:
Section 15.2-2114 of the Virginia Code authorizes a locality to undertake a stormwater management
program. Included in this legislation is the authorization to impose stormwater charges to residents of the
City receiving the services provided by the stormwater management program. The City has a two-tier rate
structure. The rate structure for residential customers is by a fixed equivalent residential unit or ERU. The
rate structure for non-residential customers is based on the impermeable square footage of the relevant
parcel.
As the City explores a possible bond referendum for flood mitigation, there is a desire to apportion the costs
of flood mitigation projects equally upon all residents of the City. If the City seeks to pay for the debt
associated with a flood mitigation referendum through increased real estate taxes, there would be an
inequitable distribution of the burden of such debt, so the City desires additional options to structure
the repayment of debt for flood mitigation.
Request:
The City Council requests enabling authority to permit the levy of a supplemental stormwater management
charge dedicated to flood mitigation upon properties exempted from real estate taxes, and such supplemental
stormwater management charge shall be equal to the proportional costs imposed from increased real estate
taxes upon taxable properties required for repayment of debt issued pursuant to a bond referendum for flood
mitigation.
`kit � 19
12. REQUEST FOR A $10 MILLION APPROPRIATION FOR THE HAMPTON
UNIVERSITY PROTON THERAPY CANCER INSTITUTE
SPONSORED BY COUNCILMEMBER SABRINA WOOTEN
Background Information:
The Hampton University Proton Therapy Cancer Institute (HUPTI) is a $225M state-of-the-art cancer
treatment and research facility. HUPTI utilizes innovative precision medicine applications treating cancers
of all types. Hampton University's outstanding medical physics program, strong ties to Jefferson Labs and
long-standing relationship with the local cancer treatment health community made it uniquely suited to
become home to our nation's eighth proton therapy treatment center.
HUPTI treats prostate, long, breast, head and neck, CNS and brain, pediatric, and gynecological cancers
using a state-of-the-art facility.
Most recently, Hampton University is also developing a strong COVID-19 Testing Center and a strategic
MRI capability, that allows patients in Virginia's underserved areas to receive much needed diagnosis of
lung conditions caused by COVID-19, which is a respiratory virus. Hampton University has been a partner
with Virginia Beach for many years and is consistently recognized nationally as one of the finest Historically
Black Colleges and Universities (HBCU) in the nation.
Request:
The City Council of Virginia Beach supports the request of Hampton University to the General Assembly,
during its 2021 session, to appropriate $10 million to the Hampton University Proton Therapy Institute so
they can expand its cancer therapy outreach and research. In addition to continuing to provide precision
medicine via the proton beam while developing the delivery of innovative MRI advanced technology,
especially to the underserved populations throughout the Commonwealth. Cancer remains the leading cause
of death in Virginia and in the City of Virginia Beach citizens produce is the largest percentage of patients at
HUPTI.
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I 20
13. REQUEST THE GENERAL ASSEMBLY TO FIND ALTERNATIVE SOURCES TO FUND MASS
TRANSIT IN HAMPTON ROADS
SPONSORED BY COUNCILMEMBER GUY TOWER
Background Information:
The General Assembly during the 2020 session, enacted legislation creating a funding source for a backbone
of transit services throughout the region.This legislation created the Hampton Roads Regional Transportation
Program and is funded by additional taxes and redirection of existing taxes. An additional fee of 6 cents per
hundred on deeds, instruments, etc., is to be paid by the grantor, and a redistribution of recordation tax to the
localities, wherein the City of Virginia Beach lost $1.9M per year that we formerly received to the general
fund. Also, there was a new Transient Occupancy Tax, at the rate of 1% of the amount charged for the
occupancy of any hotel space within the Hampton Roads region. The implementation of these fees and
redirection will occur on May 1, 2021. The City believes that these is an inequitable burden on the City of
Virginia Beach and an inequitable source of revenue. For instance, Transient Occupancy Tax has been purely
a local tax and utilized by the City of Virginia Beach for infrastructure and other improvements for our resort
industry. The additional 1%tax means that Virginia Beach's rates are now some of the highest in the nation.
Also, the City, while having 25% of the region's population, generates over 40% of the recordation taxes as
well as the Transient Occupancy Tax.
Request:
General Assembly is requested to find other, more equitable sources of revenue to fund transit in Hampton
Roads. The increase in the Transient Occupancy Tax is proving detrimental to the hotel industry in the City
as well as other jurisdictions in Hampton Roads. The use of the recordation tax, which the City has been
counting on for many years, creates a decrease in revenue available to the City equal to 1/3 of a cent on the
real estate tax rate.
The City believes that there are other, more equitable ways to fund transit than to put the burden on existing
sources of revenue to the local governments, such as the recordation tax and Transient Occupancy Tax and
the associated effect on tourism for the Commonwealth.
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`VI, il ., 121
14. AMENDMENTS TO 2020 ACTS OF ASSEMBLY FOR THE ATLANTIC PARK/DOME SITE
DEVELOPMENT
SPONSORED BY COUNCILMEMBER GUY TOWER
Background Information:
During its 2020 session, the General Assembly amended 2019 legislation authorizing the City to receive
certain sales and use taxes at a proposed $250 million project known as Atlantic Park/Dome Site
Development. As the City pursued due diligence on the project, there is a need to amend the development
agreement to allow phasing of the project. In reviewing the implications of that change,bond counsel for the
City has identified two items in the 2020 legislation that require clarification. Accordingly, the City requests
technical amendments to the 2020 Acts of Assembly, Chapter 467.
Request:
The City Council requests the General Assembly make the following amendments to 2020 Acts of Assembly,
c. 467:
• Amend 15.2-5931(C)(1)to read as follows:
o Be issued at, above, or below par value,for cash or other valuable consideration, and
mature at a time or times, whether as serial bonds or as term bonds or both, not later than
June 30 of the fiscal year in which the City's entitlement to tax revenues expires pursuant to
provisions of§15.2-5933(A)(2);
• Amend 15.2-5931(I) in the following manner:
o Refunding bonds may be issued for the public purposes of realizing savings in the effective
costs of debt service, directly or through a debt restructuring, and fer alleviating impending
or actual default, or either, and may be issued in one or more series in an amount in excess of
that of the bonds to be refunded.
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04
, - City of Virginia Beach
-- e2
OF OUR NAt-�N'S
VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE November 18, 2020 JDMOSS VBGOVCOM
In Reply Refer to 0068355
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act,I make the following
declaration:
1. I am executing this written disclosure regarding the first of two subparts of item
#14 (Amendments to the 2020 Acts of Assembly for the Atlantic Park/Dome Site
Development)of the City's 2021 Legislative Agenda. The first subpart requests an
amendment of§ 15.2-5931(C)(1)of the Code of Virginia,and this subpart is related
to the acquisition of property for the Dome Site project.
2. Among the properties that may be acquired for the project is one that would have a
foreseeable direct or indirect benefit or detriment for Dominion Power,also known
as Dominion Energy. I have a personal interest in Dominion Energy. Its corporate
street address is 120 Tredegar Street, Richmond, Virginia 23219.
3. As discussed in the attached opinion from the Commonwealth's Attorney, I also
have an interest in a separate corporation that receives income from a parcel that is
within the possible footprint of the Dome Site project. If that parcel is acquired for
this project, I will forthwith disclose my interest in that separate corporation.
4. I hereby disclose these interests, and I abstained from the City Council's
consideration of the first subpart of item#14.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
4109 RICHARDSON ROAD.VIRGINIA BEACH.VIRGINIA 23455
Mrs. Amanda Barnes -2- November 18, 2020
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Sincerely,
f d
V
John D. Moss
Councilmember
JDM/RRI/DRH
Attachment
01•1WEALTH OF `TAG
Commonwealth's Attorney CO r. "v� Deputies
Colin D.Stolle r` eyr Tahitha B.Anderson
8 '�:. }`'' Sara R.Chandler
Chief Deputies Patrick J.Connolly
Susan G.Hooks � Vivian F.Henderson
Scott M Lang David W.Laird
Thomas M.Murphy
OFFICE OF THE COMMONWEALTH'S ATTORNEY Paul J.Powers
CITY OF VIRGINIA BEACH
2425 Nimmo Parkway
Virginia Beach,VA 23456-9050
(757)385-4401
FAX(757)385-1288
TDD:711
www.vbgov.com/oca
Direct Dial: (757)385-8978
October 16,2019
Councilman John Moss
Office of the City Clerk
2401 Courthouse Drive
Virginia Beach,VA 23456
Dear Councilman Moss:
In a letter dated September 24, 2019,you request an opinion under the Virginia Conflict of
Interests Act regarding your participation in Virginia Beach City Council discussions and voting
regarding a proposed joint project between the City of Virginia Beach,the City of Virginia
Beach Development Authority(the"Authority"),and a developer for the Dome Site project.
You ask whether your personal interest in both Dominion Power and in an unnamed corporation
("the Corporation")causes you to have a prohibited personal interest in the transaction.
According to your letter,you receive dividend income from Dominion Power in excess of$5,000
per year. As part of the project,the plan is for the City of Virginia Beach to acquire a parcel
(described as the 18d Street Parcel)that is currently owned by Norfolk Southern Corporation and
that is currently being used by Dominion Power. For purposes of the Dome Site project,
Dominion Power would no longer be able to use this parcel and as a result would likely require a
significant payment as a result.
Additionally,you also receive dividend income from the Corporation in excess of$5,000 per
year. The Corporation receives income from a parcel.(described as the"Other Parcel")that is
within the possible footprint of the Dome Site project and would require that the property be
purchased by either the Authority or by the developer. According to your letter, should the site
footprint require the purchase of the 18th Street Parcel, and that parcel was purchased by either
the Authority or the developer,the income stream to the Corporation in which you have a
personal interest would cease.
October 16,2019
Page 2
Virginia Code §2.2-3112 prohibits any participation by a government officer in a transaction
where the officer has a personal interest. A "personal interest"is defined as, inter alia, "annual
income that exceeds,or may reasonably be anticipated to exceed, $5,000 from ownership in real
or personal property or a business." A"personal interest in a transaction" exists when the officer
has a personal interest in the subject of the transaction,or"may realize a reasonably foreseeable
direct or indirect benefit [or detriment]...as a result of the action of the agency considering the
transaction." Virginia Code §2.2-3 101.
In your letter,you correctly describe that you have a personal interest in both Dominion Power
and the Corporation since you receive annual income from both sources that exceeds or may
reasonably be anticipated to exceed$5,000 as a result of your ownership in Dominion Power and
the Corporation. The next inquiry is whether,as a result of these personal interests,you
therefore have a personal interest in the transaction related to the Dome Site project.
I have considered your description of the circumstances related to the potential footprint of the
project;the intention to acquire the 18th Street Parcel,which would require a significant payment
to Dominion Power and the potential for the footprint to expand to include the Other Parcel,
which would require the purchase of the Other Parcel and result in the elimination of an income
stream to the Corporation in which you have a personal interest. As a result both Dominion
Power and the Corporation may realize a reasonably foreseeable direct or indirect benefit
(Dominion Power)or detriment(the Corporation)as a result of the actions taken by the Virginia
Beach City Council. Thus,it is my opinion that to the extent that the 18t'Street Parcel and the
Other Parcel are concerned,you have a"personal interest in a transaction"as set out in Virginia
Code§2.2-3101.
Finally,you ask whether you would be restricted from"participation in the City Council's
discussions of the Project and potential future votes on(1)whether to approve funding for the
acquisition and decommissioning payments related to the 18th Street Parcel; (2)whether to
approve funding for the acquisition and site preparation of the Other Parcel; and(3)the
Development agreement." You go on to describe the votes as being interdependent upon each
other,specifically"the Development Agreement as proposed cannot be executed without the
other two referenced votes."
As a result,it is also my opinion that as a result of your"personal interest in a transaction"you
would not be permitted to participate in any of the referenced votes or discussions. As an officer
of a local governmental agency with a personal interest in a transaction,you are required to
disqualify yourself from participating in the transaction related to the Dome Site project.
Virginia Code §2.2-3112 requires that you disclose your personal interest and that you shall not
vote or act in any manner on behalf of the Virginia Beach City Council in the transaction.
Additionally you would be prohibited from(i)attending any portion of a closed meeting
authorized by the Virginia Freedom of Information Act when the matter is being discussed and
(ii)discussing the matter with other governmental officers or employees at any time.
October 16,2019
Page 3
There may come a point in time where,as a result of actions taken by the developer,the
Authority,and the City Council without your participation,that Dominion Power and the
Corporation no longer"may realize a reasonably foreseeable direct or indirect benefit[or
detriment]"as a result of the Dome Site project. In the event of such a change in circumstances,
you may feel free to request an update or revision to this opinion.
Sin ,
iiiio
Colin D.Stolle
Commonwealth's Attorney
City of Virginia Beach
cc: Mark Stiles, City Attorney
36
ITEM— VLI.6
ORDINANCES/RESOLUTIONS
ITEM#71030
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Resolution to SUPPORT the 2021 Legislative Agenda adopted by the Hampton Roads
Planning District Commission (HRPDC)and REQUEST our General Assembly delegation support these
measures
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
*Council Member Moss abstained on item #14 regarding Offshore Wind
November 17, 2020
REQUESTED BY COUNCILMEMBER HENLEY
1 A RESOLUTION SUPPORTING THE 2021 LEGISLATIVE
2 AGENDA ADOPTED BY THE HAMPTON ROADS
3 PLANNING DISTRICT COMMISSION AND REQUESTING
4 THAT OUR GENERAL ASSEMBLY DELEGATION
5 SUPPORT THESE MEASURES
6
7 WHEREAS, the Hampton Roads Planning District Commission is made up of
8 representatives from the 17 jurisdictions in Hampton Roads;
9
10 WHEREAS, for many years, the HRPDC has adopted a legislative agenda and
11 requested it be supported by the members of the Hampton Roads Caucus in the Virginia
12 General Assembly;
13
14 WHEREAS, the Hampton Roads Planning District Commission adopted a
15 legislative agenda at their meeting on October 15, 2020;
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That the 2021 Legislative Agenda adopted by the Hampton Roads Planning
21 District Commission as attached is supported by the Virginia Beach City Council.
22
23 BE IT FURTHER RESOLVED:
24
25 That our General Assembly delegation and that of the entire Hampton Roads
26 Caucus is requested to support the enactment of the measures contained within this
27 legislative agenda.
28
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h day
of November , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15260
R-1
November 6, 2020
Hampton Roads
Planning District Commission
2021
Regional Legislative Agenda
Coastal Resiliency
• Request the creation of the Virginia Commonwealth Flooding Board.
o The Commonwealth Flooding Board (CFB)would direct and prioritize state and
federal flooding for flood mitigation, ensure collaboration and alignment among
State agencies, and coordinate planning and adaptation efforts.
o The CFB would be similar to the Commonwealth Transportation Board which
meets on a regular basis to address transportation needs and issues in Virginia.
The CFB would serve the same role for statewide flooding issues.
o See the attached Summary Paper for additional information.
• Request that resilience considerations be included in SMART SCALE transportation
funding decisions.
o SMART SCALE is the Commonwealth of Virginia's method for prioritizing
transportation projects for state funding.
o Under the current SMART SCALE system, a project without resiliency features
would score higher since it would have a lower cost.
o A project's approach to address resiliency issues should be considered in the
SMART SCALE scoring system.
o See the attached Summary Paper for additional information.
• Request State and Federal assistance to update precipitation predictions.
o Stormwater infrastructure that collects and diverts rainwater away from roads and
buildings is sized based on historical rainfall events.
o The Atlas 14 report,prepared by the National Weather Service, has not been
updated for the Hampton Roads region since 2006.
o Rainfall trends are changing. For example, based on studies the City of Virginia
Beach has adopted a local standard based on Atlas 14 plus a 20%increase.
Attachment 11
o The following approach is recommended:
• Local—All Hampton Roads localities should consider adopting the
Virginia Beach design criteria of Atlas 14 plus 20 percent.
• State—Virginia should invest in the research to analyze recent rainfall
patterns across the entire state to determine future rainfall predictions.
• Federal—Congress should fund the National Weather Service to update its
methodology for analyzing rainfall.
• See the attached Summary Paper for additional information.
• Request that Virginia's residential property disclosure requirements be amended to
require the seller to disclose information about a property's vulnerability to flooding or
any history of flood damage or flood insurance claims.
o There is currently no requirement for disclosure regarding a property's past
flooding history, which results in buyers not becoming aware of these issues until
they are required to purchase flood insurance policies as part of their mortgage
agreements.
o See the attached Summary Paper for additional information.
Offshore Wind
• Continue to support State efforts to support and promote the offshore wind industry and
make the Hampton Roads region a hub for supply chain jobs to support this emerging
industry.
o The region's geographic location, harbor and specialized workforce position the
757 to be the hub to support wind turbines planned for construction along the east
coast.
Broadband/Fiber
• Support funding programs and policies that advance regional efforts to develop
interconnected and modern fiber networks.
o The Hampton Roads region is planning a fiber network that will connect to the
subsea cables that have come ashore in Virginia Beach and spread this ultrafast
broadband throughout the 757.
o The first phase of this effort is a Southside fiber ring,which will be expanded to a
second interconnected ring on the Peninsula.
Attachment 11
o State funding to construct this fiber ring will assist in the timely delivery of this
transformational project.
Economic Development/Site Readiness
• Support funding programs and policies that assist local governments with preparing
shovel ready sites for economic development and job creation.
Water Quality
The Virginia Department of Environmental Quality should evaluate options and propose priority
ranking criteria that include nitrogen reductions for the Stormwater Local Assistance Fund
(SLAF).
• The Commonwealth should align funding priorities to achieve maximum pollutant
reductions to improve water quality.
• For the Chesapeake Bay TMDL, the Commonwealth is over-achieving their phosphorus
reductions goals and underachieving nitrogen reduction goals
• SLAF dollars are currently prioritized based on which best management practices
(BMPs) are expected to provide the greatest water quality benefit in terms of phosphorus,
not nitrogen or any other pollutant.
• Some BMPs reduce nitrogen better than phosphorus and vice versa.
• SLAF funding criteria should reflect all pollutants that need to be addressed for the
successful achievement of the Bay TMDL in Virginia.
Urban Areas Security Initiative(UASI)
• Sustain UASI funding levels for the Hampton Roads region.
K-12 Public Education
• Support the continuation of efforts to provide increased state funding for K-12 public
education.
Housing
• Support legislation that continues to appropriate funding of the Virginia Housing Trust
Fund for housing programs and projects.
Attachment 11
`'IN�BFAc
o c�
City of Virginia Beach
y r
44.
OF OUR NAT��N
VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM
November 18, 2020
In Reply Refer to 0068336
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act,I make the following
declaration:
1. I am executing this written disclosure regarding the portion of the attachment to the
resolution supporting the 2021 Legislative Agenda of the Hampton Roads Planning
District Commission that concerns wind energy (second page of the legislative
agenda).
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219. The wind energy project may use
Dominion assets (including power lines) and connect to Dominion power grids.
3. I hereby disclose this interest, and I abstained from participation in the City
Council's consideration of the wind energy portion of this item.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
Mrs. Amanda Barnes -2- November 18, 2020
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Thank you for your assistance and cooperation in this matter.
Sincerely,
John D. Moss
Councilmember
JDM/RRI
37
ITEM— VLI.7
ORDINANCES/RESOLUTIONS
ITEM#71031
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT,Resolution to DECLARE November 15-December 15, 2020 as Buy Local Month (Requested
by Council Member Wooten)
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
November 17, 2020
REQUESTED BY COUNCILMEMBER WOOTEN
1 A RESOLUTION TO DECLARE NOVEMBER 15 —
2 DECEMBER 15, 2020 AS BUY LOCAL MONTH
3
4 WHEREAS, last year, the City Council adopted a resolution to establish November
5 15th— December 15 as "Buy Local Month;"
6
7 WHEREAS, local businesses create jobs, boost the local economy, and preserve
8 our neighborhoods; and
9
10 WHEREAS, in recognition of these contributions, the City Council would like to
11 enact a resolution to declare November 15 — December 15, 2020 as "Buy Local Month;
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA, THAT:
15
16 The Council hereby declares November 15-December 15, 2020 as "Buy Local
17 Month," and it urges all citizens to join in this celebration and to buy local for the holidays
18 and throughout the year.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day
Of November , 2020.
APPROVED AS TO LEGAL SUFFICIENCY:
(r
ity rn s Off c
CA15249
R-1
November 5, 2020
38
ITEM— VLL8
ORDINANCES/RESOLUTIONS
ITEM#71032
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Resolution to REQUEST the creation of a single mobile portal for City services and
information (Requested by Council Member Rouse)
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
November 17, 2020
REQUESTED BY COUNCILMEMBER ROUSE
1 A RESOLUTION REQUESTING THE CREATION OF
2 A SINGLE MOBILE PORTAL FOR CITY SERVICES
3 AND INFORMATION
4
5 WHEREAS, residents and visitors increasingly use their mobile phones to access
6 information instead of logging onto a website using a desktop or laptop computer, and
7 mobile portals that are specially designed for mobile devices provide a better user
8 experience than attempting to use browsers on mobile devices to access content that
9 was designed to be viewed on desktop or laptop computers;
10
11 WHEREAS, over the past six years,the City of Virginia Beach has created several
12 individual apps, including VB Connect (for finding City news, contact information for City
13 officials and departments, job listings, and access to other City apps), VB Property (for
14 information on all residential, commercial, tax exempt, and agricultural properties in the
15 City), VB Events (for information on public meetings and events at certain City facilities),
16 and VB ParkFinder(for information about City parks and park facilities);
17
18 WHEREAS, requiring citizens and visitors to download multiple City apps for
19 different types of services is cumbersome, can be confusing, and can frustrate those who
20 may be unable to find vital information about City services even after downloading several
21 City apps; and
22
23 WHEREAS, a single mobile portal for all City services would greatly benefit our
24 citizens and visitors by providing a one-stop location for a variety of information about the
25 City and would provide increased transparency and enhanced citizen engagement;
26
27 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby requested to: (1)take all steps necessary to create
31 a single mobile portal for City services and information; (2) seek public input from our
32 community as to the functionality and content of the portal; and (3) provide the City
33 Council with periodic updates on the status of the portal's development until it is released.
34
35 Adopted by the City Council of the City of Virginia Beach, Virginia, this 17 t h day
36 of November , 2020.
APPROVED AS TO LEGAL
SUFFICIENCY:
/�Crj c���Zl `•�,
City Attorney's Office
CA15268 R-2 November 6, 2020
39
ITEM— VI.I.9
ORDINANCES/RESOLUTIONS
ITEM#71033
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Franchise
Agreement for Valet Parking at Town Center re reduce operations to one (1) valet stand on Commerce
Street and reduce annual fee to$12,500
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
November 17, 2020
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE AN AMENDMENT TO MODIFY THE TERMS OF
3 THE FRANCHISE AGREEMENT FOR VALET PARKING AT
4 TOWN CENTER
5
6 WHEREAS, the Town Center Project("Town Center") is an ongoing priority of the
7 City of Virginia Beach (the "City");
8
9 WHEREAS, on January 15, 2019, City Council approved a franchise agreement
10 for valet parking at Town Center (the "Franchise Agreement") with East Coast Valet
11 Company, LLC, a Virginia limited liability company("East Coast");
12
13 WHEREAS, the Franchise Agreement is for a term of up to five (5) years, and
14 provides for the operation of two (2)valet stands and an annual franchise fee of$25,000;
15
16 WHEREAS, due to the ongoing restrictions and public health considerations
17 related to the COVID-19 pandemic, East Coast's franchise operations at Town Center
18 have diminished dramatically;
19
20 WHEREAS, East Coast has requested that the Franchise Agreement be modified
21 to allow for one valet stand and a reduced franchise fee of $12,500, with the option to
22 return to the original arrangement once conditions will support that level of operation; and
23
24 WHEREAS, City staff supports the modification so that East Coast may continue
25 providing valet services at Town Center.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager, or his designee, is hereby authorized to execute an
31 Amendment to the Franchise Agreement on the terms set forth herein and with such other
32 terms, conditions, and modifications as may be acceptable to the City Manager and in a
33 form deemed satisfactory by the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17 t h day
36 of November , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY: .-
1/
SGA—Parking Management Office City Attorney
CA15188
\\vbpov.corn\DFS 1\ApplicabolslCAyLawProd\cycom321Wpdo0s1D010 W018'D0074036.DOC
R-1
November 5, 2020
40
ITEM— VLI.10
ORDINANCES/RESOLUTIONS
ITEM#71034
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Dwayne Arthur, 180 Ship Shoal Way, Phone: 977-5475, spoke in SUPPORT
Stanley Nicholson, 3780 Summer Place, spoke in SUPPORT
Jason Smith, 408 Dundaff Street, spoke in SUPPORT
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED
Ordinance to APPROPRIATE$36,303,277 from the FY2019-20 School Reversion Funds to the Virginia
Beach Public Schools FY2020-21 Operating Budget and Capital Improvement Program
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
*Council Member Abbott abstained on items l.a., and l.a.i.
November 17, 2020
1 AN ORDINANCE TO APPROPRIATE FY 2019-20
2 SCHOOL REVERSION FUNDS TO THE
3 VIRGINIA BEACH PUBLIC SCHOOLS FY 2020-
4 21 OPERATING BUDGET AND CAPITAL
5 IMPROVEMENT PROGRAM
6
7 WHEREAS, on October 27, 2020, the Virginia Beach School Board adopted a
8 resolution requesting the City Council appropriate funds that lapsed and reverted at the
9 end of FY 2019-20; and
10
11 WHEREAS, on November 10, 2020, the City Council held a public hearing
12 because the reversion request exceeds 1% of the FY 2020-21 Operating Budget and
13 Capital Improvement Program;
14
15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 1. That $20,500,000 is hereby appropriated to the FY 2020-21 Operating Budget
19 from the fund balance of the General Fund in the amounts and for the purposes
20 set forth below:
21 a. $13,000,000 to the School Operating Fund to provide:
22 i. A one-time bonus of $1,000 for all full-time equivalent (FTE)
23 employees, $11 ,000,000; and
24 ii. Increase the stipend amount for teachers providing dual
25 instruction for Option 1 (face-to-face) and Option 2 (virtual)
26 students, $2,000,000; and
27 b. $5,500,000 to the School Reserve Special Revenue Fund to cover
28 possible revenue shortfalls in the FY 2021-22 School Operating Fund;
29 and
30 c. $2,000,000 to the Schools Risk Management Fund; and
31
32 2. That 15,803,277 is hereby appropriated from the fund balance of the General
33 Fund to the FY 2020-21 Schools Capital Budget for the following projects:
34 a. $8,750,000 to Capital Project #601026, "Lynnhaven Middle School
35 Expansion (Achievable Dream);" and
36 b. $7,053,277 to Capital Project #601015, "Princess Anne High School
37 Replacement."
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h day of
November , 2020.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APP D AS TO LEGAL SUFFICIENCY:
126,./ .,N`t5L11/11
Budget and Management Services Ci or y's Office
CA15266/R-1/November 4, 2020
IsTI' 41c1.-=
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City of
U Virginia Beach
ri
OF OUR NAT°N
VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM
November 18, 2020
In Reply Refer to 0068334
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act,I make the following
declaration:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on an ordinance to appropriate $36,303,277 from the FY 2019-20 School
Reversion Funds to the Virginia Beach City Public Schools FY 2020-21 operating
budget and Capital Improvement Program.
2. I have a personal interest in Virginia Beach City Public Schools because my wife
is employed as a teacher by Virginia Beach City Public Schools.
3. I am a member of a group—employees of Virginia Beach City Public Schools and
their spouses the members of which may be affected by this transaction. I am
able to participate in the City Council's consideration of this agenda item fairly,
objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
4109 RICHARDSON ROAD,VIRGINIA BEACH.VIRGINIA 23455
Mrs. Amanda Barnes -2- November 18, 2020
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H)
Thank you for your assistance and cooperation in this matter.
Sincerely,
John D. Moss
Councilmember
JDM/RRI
•
Jti4GlN�BEAcit
L
t _ r t City of Virginia Beach
z
Op OUR NA1`'S
VBgov.com
JESSICA P.ABBOTT November 17, 2020 CELLPHONE: (757)7 -- 07
COUNCIL LADY-DISTRICT 2-KEMPSVILLE OFFICECE PHONE (757)744-3407
JABBOTT 0 V BGOV.COM
In Reply Refer to 0068321
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on an ordinance to appropriate $36,303,277 from the FY 2019-20 School
Reversion Funds to the Virginia Beach City Public Schools FY 2020-21 operating
budget and Capital Improvement Program.
2. I have a personal interest in Virginia Beach City Public Schools because my
husband is employed as a teacher at Seatack Elementary School.
3. I am a member of a group—employees of Virginia Beach City Public Schools and
their spouses—the members of which may be affected by this transaction. I am
able to participate in the City Council's consideration of this agenda item fairly,
objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council. Thank you for your assistance and cooperation in this matter.
Sincerely,
(_:?i ,..„....
Jessica P. Abbott
Councilmember
JPA/RRI
4646 PRINCESS ANNE ROAD,SUITE#103,VIRGINIA BEACH,VIRGINIA 23464
41
ITEM— VLI.11a
ORDINANCES/RESOLUTIONS
ITEM#71035
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $301,109 from Virginia Department of Housing and Community Development
to FY2020-21 Housing and Neighborhood Preservation Operating Budget re
emergency housing programs
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
November 17, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $301,109 FROM THE VIRGINIA DEPARTMENT OF
3 HOUSING AND COMMUNITY DEVELOPMENT FOR
4 EMERGENCY HOUSING PROGRAMS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $301 ,109 of federal funding from the Virginia Department of Housing and
10 Community Development is hereby accepted and appropriated, with federal revenue
11 increased accordingly, to the FY 2020-21 Operating Budget of the Department of Housing
12 and Neighborhood Preservation for emergency shelter operations, targeted prevention,
13 rapid rehousing and administrative activities.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day
Of November , 2020.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
,.. Cif 1.1111
• j\j\..
Budget & Management Services r 's Office
CA15263
R-1
November 4, 2020
42
ITEM— VLI.11b
ORDINANCES/RESOLUTIONS
ITEM#71036
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $15,500 from Homeland Security to FY2020-21 Emergency
Management Operating Budget re support for Virginia Beach
Community Emergency Response Team (VBCERT)Program
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
November 17, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDS FOR THE COMMUNITY EMERGENCY
3 RESPONSE TEAM PROGRAM
4
5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $15,500 from the United States Department of Homeland Security is hereby
9 accepted and appropriated, with federal revenues increased accordingly, to the FY 2020-
10 21 Operating Budget of the Office of Emergency Management for the Virginia Beach
11 Community Emergency Response Team Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of
November 2020.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
f
.1111 tip'
B dget & Management Services tt ey's Office
CA15261
R-1
November 4, 2020
43
ITEM— VLI.11c
ORDINANCES/RESOLUTIONS
ITEM#71037
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
c. $125,500 from Homeland Security to FY2020-21 Fire Department
Operating Budget re purchase materials and equipment for the
Technical Rescue,Swiftwater Rescue, and Hazmat Programs
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
November 17, 2020
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDS TO THE FIRE DEPARTMENT FOR
3 THE TECHNICAL RESCUE, HAZMAT, AND
4 SWIFTWATER RESCUE PROGRAMS
5
6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 A total of $125,500 in federal funding is hereby accepted from the United States
10 Department of Homeland Security by way of the Virginia Department of Emergency
11 Management and appropriated, with federal revenues increased accordingly, to the FY
12 2020-21 Operating Budget of the Fire Department for the purchase of materials and
13 equipment in the following amounts for the appliable programs:
14 a. $45,000 for the Technical Rescue Program;
15 b. $76,000 for the Swiftwater Rescue Program; and
16 c. $4,500 for the Hazmat Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of
November 2020.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
f � A
Budget and Management Services i on) s Office
CA15265
R-1
November 4, 2020
44
ITEM— VLI.12a
ORDINANCES/RESOLUTIONS
ITEM#71038
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER:
a. $990,576 within the FY2020-21 Capital Improvement Program Budget, and
ACCEPT and APPROPRIATE $187,000 from Virginia Aquarium
Foundation to CIP #100435 "Virginia Aquarium Marine Animal Care
Center"re construction completion and relocation to the new Animal Care
Center
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
November 17, 2020
1 AN ORDINANCE TO TRANSFER $990,576 WITHIN THE FY
2 2020-21 CAPITAL IMPROVEMENT PROGRAM BUDGET
3 AND TO ACCEPT AND APPROPRIATE $187,000 FROM
4 THE VIRGINIA AQUARIUM FOUNDATION FOR CIP #
5 100435 "VIRGINIA AQUARIUM MARINE ANIMAL CARE
6 CENTER"
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 THAT:
10
11 1. $990,576 is hereby transferred to Capital Project #100435, "Virginia Aquarium
12 Marine Animal Care Center" from the following sources:
13 a. $170,000 from Capital Project #100015, "Aquarium Marsh Pavilion;"
14 b. $50,000 from Capital Project #100060, "Central Plant Generator;"
15 c. $339,176 from Capital Project #100248, "Virginia Beach Library
16 Transformation;" and
17 d. $431,400 from Capital Project #100463, "Virginia Aquarium Renewal &
18 Replacement III."
19
20 2. $187,000 is hereby accepted from the Virginia Aquarium Foundation and
21 appropriated, with miscellaneous revenues increased accordingly, to Capital
22 Project #100435, "Virginia Aquarium Marine Animal Care Center," for furniture,
23 fixtures, and equipment.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h day
of November , 2020.
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 & Management Services Atto y's Office
CA15264
R-1
November 4, 2020
45
ITEM— VI.I.12b
ORDINANCES/RESOLUTIONS
ITEM#71039
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER:
b. $141,850 in Federal revenue from CIP#100424 "Traffic Safety Improvements
III" to CIP #100481 "West Great Neck Road Sidewalk"and CIP #100212
"Independence Boulevard/Baxter Road Sidewalk"
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
November 17, 2020
1 AN ORDINANCE TO TRANSFER FEDERAL FUNDS FROM
2 CAPITAL PROJECT # 100424 "TRAFFIC SAFETY
3 IMPROVEMENTS III" TO CAPITAL PROJECTS # 100481
4 "WEST GREAT NECK ROAD SIDEWALK" AND # 100212
5 "INDEPENDENCE BOULEVARD / BAXTER ROAD
6 SIDEWALK"
7
8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA THAT:
10
11 $141 ,850 in federal revenue provided by the Transportation Alternatives Program
12 is hereby transferred from the Buckner Boulevard Shared-Use Path sub-project within
13 Capital Project # 100424, "Traffic Safety Improvements III" to the following projects:
14
15 a. $118,869 to Capital Project # 100481, "West Great Neck Road Sidewalk;" and
16
17 b. $22,981 to Capital Project # 100212, "Independence Boulevard / Baxter Road
18 Sidewalk."
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of
November 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
)
Budget and Management Services A ney's Office
CA15262
R-1
November 4, 2020
46
ITEM— VLJ.1
PLANNING
ITEM#71040
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of THOMAS A. BROWN for a Variance to Section 4.4(b)
of the Subdivision Regulations re between 1412 Duck Run Court and 5145 Shell Road DISTRICT 4 —
BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THOMAS A.BROWN for a Variance to Section 4.4(b)of the Subdivision
Regulations re between 1412 Duck Run Court and 5145 Shell Road
(GPIN 1469832680)DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject
to the review and approval of the Department of Planning & Community Development
prior to recordation, which shall be in substantial conformance to the submitted plat
exhibit entitled "Resubdivision Exhibit for Site A7 and Parcel Designated as H G Felton,
DB 580 P 307',"and prepared by Gaddy Engineering Services,LLC, a copy of which has
been exhibited to the Virginia Beach City Council and is on file with the Department of
Planning& Community Development.
2. If deemed necessary during final plat review, the subdivision plat shall comply with the
Subdivision Regulations for right-of-way dedication.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of November Two
Thousand Twenty.
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
November 17, 2020
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47
ITEM— VLJ.2
PLANNING
ITEM#71041
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT,Application of DONALD H. & DIANE F. HORSLEYfor a Variance
to Section 4.4(b) of the Subdivision Regulations re minimum 150-foot lot width and street line frontage
requirements at 3340 Ives Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DONALD H. & DIANE F. HORSLEY for a Variance to Section 4.4(b)
of the Subdivision Regulations re minimum 150-foot lot width and street
line frontage requirements at 3340 Ives Road (GPIN 1480187240)
DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach,
subject to the review and approval of the Department of Planning & Community
Development prior to recordation, which shall be in substantial conformance to the
submitted plat exhibit entitled "Subdivision of Property ofDonald H.Horsley&Diane
F. Horsley," dated February 24, 2020, and prepared by Warren & Associates, P.C.
Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning and Community
Development.
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 17`h day of November Two
Thousand Twenty.
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
November 17, 2020
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48
ITEM— VLJ.3
PLANNING
ITEM#71042
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of RUTH B. WILSON for a Variance to Section 4.4(b) of
the Subdivision Regulations re at 865& 877 Sandbridge Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
RUTH B. WILSON for a Variance to Section 4.4(b) of the Subdivision
Regulations re at 865 & 877 Sandbridge Road(GPINs 2423474501 &
2423475730)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject
to the review and approval of the Department of Planning & Community Development
prior to recordation, which shall be in substantial conformance to the submitted plat
exhibit entitled "Resubdivision Plat of Ruth B. Wilson," revised June 20, 2020, and
prepared by Michael W.Murphy, a copy of which has been exhibited to the Virginia Beach
City Council and is on file with the Department of Planning& Community Development.
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 17t day of November Two
Thousand Twenty.
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
November 17, 2020
://///AG
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Ruth B. Wilson w �.�
Property_Polygons
865 & 877 Sandbridge Road s
Zoning
Parking Lot Drive Aisle m.o.Feet
Building 0 40 80 160 240 320 400 480
49
ITEM— VLJ.4
PLANNING
ITEM#71043
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of HAL J. &DEBORAH WOOLARD for a Street Closure
adjacent to 833 South Atlantic Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
HAL J. & DEBORAH WOOLARD for a Street Closure adjacent to 833
South Atlantic Avenue (adjacent GPIN 2426379818) DISTRICT 6 —
BEACH
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicants, or the applicant's successors or assigns, shall resubdivide the property
and vacate internal lot lines to incorporate the closed area into the adjoining lot. The
resubdivision plat must be submitted and approved for recordation prior to the final street
closure approval. Said plat shall include the dedication of a public drainage easement over
the closed portion of the alley to the City of Virginia Beach, subject to the approval of the
Department of Public Works, and the City Attorney's Office, which easement shall include
a right of reasonable ingress and egress.
3. The applicants, or the applicant's successors or assigns,shall verify that no private utilities
exist within the right-of-way proposed for the closure.Ifprivate utilities do exist, easements
satisfactory to the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are
not accomplished and the final plat is not approved for recordation within one year of the
City Council vote to close the right-of-way this approval shall be considered null and void.
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 17`h day of November Two
Thousand Twenty.
November 17, 2020
50
ITEM— VLJ.4
PLANNING
ITEM#71043
(Continued)
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
November 17, 2020
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1 ORDINANCE APPROVING APPLICATION OF
2 HAL J. WOOLARD AND DEBORAH WOOLARD
3 FOR THE CLOSURE OF ONE-HALF OF AN
4 UNIMPROVED, UNNAMED ALLEY ADJACENT
5 TO THE REAR OF 833 S. ATLANTIC AVENUE IN
6 CROATAN
7
8 WHEREAS, Hal J. Woolard and Deborah Woolard (the "Applicants") applied to
9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described
10 portion of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and
11
12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be
13 discontinued, closed, and vacated, subject to certain conditions having been met on or
14 before one (1) year from City Council's adoption of this Ordinance;
15
16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
17 Beach, Virginia:
18
19 SECTION I
20
21 That the hereinafter described portion of unimproved right-of-way (the "Right-of-
22 Way") be discontinued, closed and vacated, subject to certain conditions being met on
23 or before one (1) year from City Council's adoption of this ordinance:
24
25 ALL THAT certain piece or parcel of land situate, lying and
26 being in the City of Virginia Beach, Virginia, designated and
27 described as "7.5' x 50' PORTION OF ALLEY TO BE
28 CLOSED" and "PART OF ALLEY 375 SF / 0.0086 AC",
29 shown on that certain street closure exhibit entitled:
30 "EXHIBIT SHOWING PORTION OF 15' ALLEY ADJACENT
31 TO LOT 18, BLOCK 14, CROATAN BEACH, TO BE
32 CLOSED (M.B.24 P.37) VIRGINIA BEACH, VIRGINIA",
33 Scale: 1" = 20', dated November 20, 2019, and revised April
34 30, 2020, prepared by DKT Associates, a copy of which is
35 attached hereto as Exhibit A.
36
37 SECTION II
38
39 The following conditions must be met on or before one (1) year from City
40 Council's adoption of this ordinance:
41
42 1. The City Attorney's Office will make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City shall be
44 determined according to the "Policy Regarding Purchase of City's Interest in Streets
45
46 No GPIN Assigned (City Right-of-Way)
47 Adjacent GPIN: 2426-37-9818
48 Pursuant to Street Closures", approved by City Council. It has been determined that the
49 purchase price to be paid to the City shall be $3,000, which is consistent with similar
50 street closures in this area.
51
52 2. The Applicants, or Applicants' successors or assigns, shall resubdivide the
53 property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining
54 parcel. The resubdivision plat must be submitted and approved for recordation prior to
55 final street closure approval. Said plat shall include the dedication of a public drainage
56 easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of
57 the Department of Public Works and the City Attorney's Office, which easement shall
58 include a right of reasonable ingress and egress.
59
60 3. The Applicants, or the Applicants' successors or assigns, shall verify that
61 no private utilities exist within the Right-of-Way proposed for closure. If private utilities
62 do exist, easements satisfactory to the utility company must be provided.
63
64 4. Closure of the Right-of-Way shall be contingent upon compliance with the
65 above-stated conditions within 365 days of approval by City Council. If the conditions
66 noted above are not accomplished and the final plat is not approved within one (1) year
67 of the City Council approval, said approval shall be considered null and void.
68
69 SECTION III
70
71 1. If the preceding conditions are not fulfilled on or before November 16,
72 2021, this Ordinance will be deemed null and void without further action by the City
73 Council.
74
75 2. If all conditions are met on or before November 16, 2021, the date of final
76 closure is the date the street closure ordinance is recorded by the City Attorney.
77
78 3. In the event the City of Virginia Beach has any interest in the underlying
79 fee, the City Manager or his designee is authorized to execute whatever documents, if
80 any, that may be requested to convey such interest, provided said documents are
81 approved by the City Attorney's Office.
82
83 SECTION IV
84
85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
86 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
87 VIRGINIA BEACH (as "Grantor") and HAL J. WOOLARD and DEBORAH WOOLARD
88 (collectively, as "Grantee").
89
90 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th day
91 of November , 2020.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Planning De artm nt City Attorney
CA14883
,vbgov.com`dfsl`applications citylaw^.cvcom32'wpdocs'.d028`p037 00679009.doc
R-1
November 5, 2020
1. The exhibit shown hereon is based on a current lied survey performed on October 29,2019 and In combination with the plat(s)and/or
deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this
survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted.
2. This property appears to fall in flood zone(s)X as shown on the Federal Emergency Management Agency's National Flood Insurance
Program's Flood Insurance Rate Map for the city of Virginia Beach. Map number 515531 0129 G.dated January 16.2015.
7 8
Ronald W. Ark, Wai Wong Ark Sandcastle Cottage, LLC 9
& Yuen Wong GPIN #24263788040000 Carl E. Cholewa, Jr.
GPIN #24263787190000 l l and Elizabeth H.Cholewa
I REMAINDER OF GPIN #24263778990000
15' ALLEY
I I
I (u nirnproved)
I
N:3467822.30— -I- - - - - - -- ---- -I- -
E:12223844.04
Y PART OF ALLEY I
375 SF10.00136 AC
— — ' ' N'12 2.390r'W50.00' — — -
7.5'x 50'portion of alley A�O RD 7
to be closed Virgin ,Y H
Soupy0"�@ N'4o 7983,r9 h SYS to.
93 ,c.A77,
18 g
o g
0
5,000 SF
0.1148 AC Roger S. Slagle
Jon & Deana Hess Hal J. Woolard and GPIN
GPIN #24263798330000 Deborah Woolard #24263799020000
GPIN #24263798180000
it a,
o 6
17 r
se 40 19
is
se
N:3467845.36
E 12223949.04`.
100.00'to South
S 112'23'1O'E 50.00' Maryland Avenue
S. ATLANTIC AVENUE (50')
(formerly Chautauqua Avenue)
AerGraphic Scale 1'=20 '�� +-7 `` EXHIBIT SHOWING
I%,\ Portion of 15'Alley adjacent to Lot 18,
0 10 20 40 0� I2..._. C,\\ Block 14, Croatan Beach, to be closed
(M.B.24 P.37)
D K T Associates lc) DENNIS ♦ Virginia Beach,Virginia November 20.2019
LAND SURVEYORS 4 Lie. No. 002189 0
1100 Granby Street,Suite 100 \ 4' 0 For: Hal and Deborah Woolard
Norfolk.Virginia 23510 k. .,, 4/30/20 cl
,7, le Job Number 20024 Drawing Scale 1-=20'
Tel (757)58&c www.DKfAssociates.com �`1, _ v ' Field Book 2S1 Paper Size Legal
Fax S7 588 5680 dMassociates 1. R CAD Technician JSO Revised Date 4-30-20
n ) @gmatt.com
Reviewed By DT Sheet N,,mber 1 of 1
51
ITEM— VI.J.5
PLANNING
ITEM#71044
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of JON S. & DEANA M. HESS for a Street Closure
adjacent to 837 South Atlantic Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JON S. & DEANA M. HESS for a Street Closure adjacent to 837 South
Atlantic Avenue(adjacent GPIN 2426379833)DISTRICT 6—BEACH
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicants, or the applicant's successors or assigns, shall resubdivide the property
and vacate internal lot lines to incorporate the closed area into the adjoining lot. The
resubdivision plat must be submitted and approved for recordation prior to the final street
closure approval. Said plat shall include the dedication of a public drainage easement over
the closed portion of the alley to the City of Virginia Beach, subject to the approval of the
Department of Public Works, and the City Attorney's Office, which easement shall include
a right of reasonable ingress and egress.
3. The applicants, or the applicant's successors or assigns,shall ver*that no private utilities
exist within the right-of-way proposed for the closure.Ifprivate utilities do exist, easements
satisfactory to the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are
not accomplished and the final plat is not approved for recordation within one year of the
City Council vote to close the right-of-way this approval shall be considered null and void.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of November Two
Thousand Twenty.
November 17, 2020
52
ITEM— VI.J.5
PLANNING
ITEM#71044
(Continued)
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
November 17, 2020
_ _ - A I"
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1 ORDINANCE APPROVING APPLICATION OF
2 JON S. HESS AND DEANA M. HESS FOR
3 THE CLOSURE OF ONE-HALF OF AN
4 UNIMPROVED, UNNAMED ALLEY ADJACENT
5 TO THE REAR OF 837 S. ATLANTIC AVENUE
6 IN CROATAN
7
8 WHEREAS, Jon S. Hess and Deana M. Hess (the "Applicants") applied to the
9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion
10 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and
11
12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be
13 discontinued, closed, and vacated, subject to certain conditions having been met on or
14 before one (1) year from City Council's adoption of this Ordinance;
15
16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
17 Beach, Virginia:
18
19 SECTION I
20
21 That the hereinafter described portion of unimproved right-of-way (the "Right-of-
22 Way") be discontinued, closed and vacated, subject to certain conditions being met on
23 or before one (1) year from City Council's adoption of this ordinance:
24
25 ALL THAT certain piece or parcel of land situate, lying and
26 being in the City of Virginia Beach, Virginia, designated and
27 described as "7.5' x 50' PORTION OF ALLEY TO BE
28 CLOSED" and "PART OF ALLEY 375 SF/0.0086 AC", and
29 shown on that certain street closure exhibit entitled:
30 "EXHIBIT SHOWING PORTION OF 15' ALLEY ADJACENT
31 TO LOT 17, BLOCK 14, CROATAN BEACH TO BE
32 CLOSED (M.B.24 P.37) VIRGINIA BEACH, VIRGINIA",
33 Scale: 1" = 20', dated November 20, 2019, and revised April
34 2, 2020, prepared by DKT Associates, a copy of which is
35 attached hereto as Exhibit A.
36
37 SECTION II
38
39 The following conditions must be met on or before one (1) year from City
40 Council's adoption of this ordinance:
41
42 1 . The City Attorney's Office will make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City shall be
44 determined according to the "Policy Regarding Purchase of City's Interest in Streets
45
46 No GPIN Assigned (City Right-of-Way)
47 Adjacent GPIN: 2426-37-9833
48 Pursuant to Street Closures", approved by City Council. It has been determined that the
49 purchase price to be paid to the City shall be $3,000, which is consistent with similar
50 street closures in this area.
51
52 2. The Applicants, or Applicants' successors or assigns, shall resubdivide the
53 property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining
54 parcel. The resubdivision plat must be submitted and approved for recordation prior to
55 the final street closure approval. Said plat shall include the dedication of a public
56 drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the
57 approval of the Department of Public Works and the City Attorney's Office, which
58 easement shall include a right of reasonable ingress and egress.
59
60 3. The Applicants, or the Applicants' successors or assigns, shall verify that
61 no private utilities exist within the Right-of-Way proposed for closure. If private utilities
62 do exist, easements satisfactory to the utility company must be provided.
63
64 4. Closure of the Right-of-Way shall be contingent upon compliance with the
65 above-stated conditions within 365 days of approval by City Council. If the conditions
66 noted above are not accomplished and the final plat is not approved for recordation
67 within one (1) year of City Council approval, said approval shall be considered null and
68 void.
69
70 SECTION III
71
72 1. If the preceding conditions are not fulfilled on or before November 16,
73 2021, this Ordinance will be deemed null and void without further action by the City
74 Council.
75
76 2. If all conditions are met on or before November 16, 2021, the date of final
77 closure is the date the street closure ordinance is recorded by the City Attorney.
78
79 3. In the event the City of Virginia Beach has any interest in the underlying
80 fee, the City Manager or his designee is authorized to execute whatever documents, if
81 any, that may be requested to convey such interest, provided said documents are
82 approved by the City Attorney's Office.
83
84 SECTION IV
85
86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
87 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
88 VIRGINIA BEACH (as "Grantor") and JON S. HESS and DEANA M. HESS (collectively,
89 as "Grantee").
90
91 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17 th day
92 of November , 2020.
APPROVED AS TO CONTENT: APPROVED AS LEGAL
SUFFICIENC .
Planning Dep ment City Attorney
CA 14882
vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p037\00679008.doc
R-1
November 5, 2020
1. The exhibit shown hereon is based on a current field survey performed on November 8,2019 and In combination with the plat(s)and/or
deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this
survey,If any,were depleted and/or noted in the referenced piat(s)and/or deed(s)unless otherwise noted.
2. This property appears to fall In flood zone(s)X as shown on the Federal Emergency Management Agency's National Flood Insurance
Program's Flood Insurance Rate Map for the city of Virginia Beach. Map number 515531 0129 G,dated January 16,2015.
Virginia S7 RT�i�ury�2onA,FAO 7g8 7993System
H,L I Ronald $ Yuen Won Wong
6 I GPIN #24263787190000 I 8
1
John R. Hitchcock REMAINDER OF Sandcastle Cottage LLC
and Cheryl S. Hitchcock ' g
GPIN #24263787240000 l 15 ALLEY I GPIN #24263788040000
l (unimproved)
— — — — — — — — —I— —N:3487822.33
I • �
1 • E:12223843.91
PART OF ALLEY
375 SF 10.0080 AC
r N 1299'34"W 50.00'
' 7.6'x 60'portion of
alley to be closed
o 0
a 0
d a
17
Thomas M. Bates 5,000 SF Hal J.Woolard and
GPIN #24263797080000 0.1148 AC Deborah Woolard
GPIN #24263798180000
3 Jon and Deana Hess w
6 GPIN N
a #24263798330000 a
n
en z
16 18
N:3467845.28
�E_12223948.93
150.00'to South
S 129 9'34"E 50_00' Maryland
Avenue
SOUTH ATLANTIC AVENUE (50')
(formerly Chautauqua Avenue)
Graphic Scale 1".20' �����•• EXHIBIT SHOWING
1` L,�\ Portion of 15'Alley adjacent to Lot 17,
0 10 20 4o �_� Block 14, Croatan Beach to be closed
�� , (M.B.24 P.37)
0
D K T Associates . L. I)f:NN]S ' 1, '' '-' y� Virginia Beach,Virginia November 2C,2019
LAND SURVEYORS '
Lk:. No. 002189
1100 Granby Street,Suite 100 % ti- For: Jon and Deana Hess
Norfolk.Virginia 23510 11/20/19 C
,1, 0 Job Number 20113 Drawing Scale 1'"20'
Tel. (757)588-5888 www.DKTAssociates corn Ilk .6 ce• / Field Book 145,280 Paper Size Legal
Fax (757)588- 0 dktassoaates@,gma'l.com _ S [J R _� CAD Technician JSO Revised Date 4-2-2020
���I Reviewed By DT Sheet Number 1 of 1
53
ITEM— VLJ.6
PLANNING
ITEM#71045
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of LATIFAH PIVOTT & ANTHONY PIVOTT for a
Conditional Use Permit re family day care at 4494 Cherrywood Lane DISTRICT I —CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LATIFAH PIVOTT & ANTHONY PIVOTT for a Conditional Use
Permit re family day care at 4494 Cherrywood Lane(GPIN 1486202258)
DISTRICT 1 —CENTERVILLE
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular congestion.
2. The Family Day-Care Home shall be limited to the total of twelve(12)children, other than
children living in the home.
3. The applicant shall maintain a license with the Virginia Department of Social Services for
childcare.
4. This Conditional Use Permit is limited to the applicant only, as the main provider of the
Family Day-Care Home.
5. No more than one (1)person, other than the applicant, shall assist with the operation of
the Family Day-Care Home at any one time.
6. Any sign identifying the home occupation shall be non-illuminated, not more than (1)
square foot in area and mounted flat against the residence.
7. The applicant shall obtain all necessary permits and inspections from the City of Virginia
Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the
Building Official's Office for use of the house as a Family Day-Care Home.
8. The applicant/owner shall maintain a six(6)foot privacy fence around the perimeter of the
rear yard for the duration of the use.
9. There shall be only one Home Occupation, the Family Day-Care Home, operating on the
property associated with this Conditional Use Permit.
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 17`h day of November Two
Thousand Twenty.
November 17, 2020
54
ITEM— VLJ.6
PLANNING
ITEM#71045
(Continued)
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
November 17, 2020
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0 15 30 60 90 120 150 180
55
ITEM— VLJ.7
PLANNING
ITEM#71046
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of VALVOLINE INSTANT OIL CHANGE/JOHN&
RITA NINOS for a Conditional Use Permit re automobile service station at 5101 Virginia Beach
Boulevard DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VAL VOLINE INSTANT OIL CHANGE/JOHN& RITA NINOS for a
Conditional Use Permit re automobile service station at 5101 Virginia
Beach Boulevard(GPIN 1467854801)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. The site shall be developed and maintained substantially in conformance with the
submitted site layout entitled "Site Plan,"dated July 15, 2020, and prepared by CESO.
Said plan has been exhibited to the Virginia Beach City Council and is on file with the
Department of Planning& Community Development.
2. The Landscape Plan shall be developed and maintained substantially in conformance with
the submitted layout entitled "Site Landscape Plan,"dated July 15, 2020, and prepared
by CESO. In addition, the applicant/owner shall install and maintain shrubs and
foundation planting along Virginia Beach Boulevard.
3. The design, size, and materials of the building shall be substantially in adherence, with the
submitted elevation exhibits entitled "Valvoline Instant Oil Change, Virginia Beach, VA—
Brick/Brick," dated July 13, 2020. Said elevations have been exhibited to the Virginia
Beach City Council and are on file with the Department of Planning & Community
Development.
4. Any onsite signage shall meet the requirements of the City Zoning Ordinance. There shall
be no signs that 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.
5. There shall be no portable or nonstructural signs or electronic display signs on the site.
6. There shall be no repairs of automobiles on-site and all work on automobiles shall be
completed within the enclosed building.
7. There shall be no outdoor storage of equipment,parts, tires, or materials.
November 17, 2020
56
ITEM— VLJ.7
PLANNING
ITEM#71046
(Continued)
8. The dumpster shall be enclosed by a wall on three sides, constructed of materials that
match the building, not less than six feet in height, and any required screening shall be
installed in accordance with Section 245(e) of the Zoning Ordinance and the City of
Virginia Beach Landscaping Guide.
9. All outdoor lights 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
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
10. Unless otherwise deemed in conflict with existing codes and regulations, the applicant
shall install and maintain a grassed area that is bounded by the shared access easement to
the south, the fifteen (15) feet Category IV landscape buffer to the north, and the
ingress/egress lane to the west.
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 17`h day of November Two
Thousand Twenty.
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
November 17, 2020
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ITEM— VLJ.8
PLANNING
ITEM#71047
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of MCNEEL PROPERTIES/DARE ASSOCIATES for
a Conditional Use Permit re automobile repair garage at 4901 Cleveland Street DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MCNEEL PROPERTIES/DARE ASSOCIATES for a Conditional Use
Permit re automobile repair garage at 4901 Cleveland Street (GPIN
1477145464)DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. When the property is developed, it shall be in substantial conformance with the submitted
exhibit entitled, "Caliber Collision (Building Renovation)4901 Cleveland Street, Virginia
Beach, VA ", dated September 16, 2020, prepared by Brian Rumsey, which has been
exhibited to the Virginia Beach City Council and is on file in the Department of Planning
& Community Development.
2. The applicant shall obtain all necessary permits for the installation of a paint booth for the
proposed use. If the required permits for the paint both are not obtained, the painting of
vehicles shall be prohibited on the site.
3. Vehicles in a state of obvious disrepair shall be stored in the rear of the building and fully
screened with required landscaping and a six(6)foot solid fence.
4. Vehicles that are considered to be total loss shall not be stored on-site for more than 48
hours and vehicles awaiting repairs shall not be stored on-site for more than seven days.
5. There shall be no outside storage of equipment,parts, tires, or materials.
6. No motor vehicle repair work shall take place outside of the building.
7. No motor vehicles shall be parked within any portion of the public right-of-way.
8. The owner of the property shall be responsible for the continued proper maintenance of all
fences, and shall keep them in a proper, neat, and orderly appearance,free from structural
deterioration and disrepair at all times.
9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.
A separate permit from the Department of Planning & Community Development is
required for any new signage installed on the site.
November 17, 2020
58
ITEM— VLJ.8
PLANNING
ITEM#71047
(Continued)
10. There shall be no signs that 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.
11. There shall be no portable or nonstructural signs or electronic display signs on the site.
12. All outdoor lights 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
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
13. Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the
Planning Director shall occur 10 years after City Council approval of the Automobile
Repair Garage Conditional Use Permit. This use may be allowed to remain on the site
subject to a determination by the Planning Director that the presence of the use is not
detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned
herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible
with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment
of neighboring properties by reason of excessive noise, traffic, or overflow parking.
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 17`h day of November Two
Thousand Twenty.
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
November 17, 2020
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59
ITEM— VLJ.9
PLANNING
ITEM#71048
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT,Application of ARROWFIT HUMAN PERFORMANCE, LLC, ISIS
& ROBERT ARROWSMITH for a Conditional Use Permit re home occupation at 1209 Funnell Street
DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ARROWFIT HUMAN PERFORMANCE, LLC, ISIS & ROBERT
ARROWSMITH for a Conditional Use Permit re home occupation at
1209 Funnell Street(GPIN 1469903903)DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. The use shall not create noise, dust, vibration, smell, glare, electrical interference,fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than would
normally be expected in the neighborhood under normal circumstances wherein no home
occupation exists.
2. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in
conduct of the activity.In addition, all activities related to the proposed Home Occupation
shall be conducted inside of 600 square foot accessory structure on the property.
3. No amplification of music or use of speakers shall be permitted except within the enclosed
accessory structure.
4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one
square foot in area, and mounted flat against the accessory structure.
5. There shall be no more than one(1)employee, other than the homeowner, on the property
associated with this home-based business.
6. There shall be no more than four(4) attendees at any one time.
7. The activities for the Home Occupation shall be limited to no earlier than 6:00 a.m. and
no later than 8:00 p.m.
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 17`h day of November Two
Thousand Twenty.
November 17, 2020
60
ITEM— VI.J.9
PLANNING
ITEM#71048
(Continued)
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
November 17, 2020
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61
ITEM— VLJ.10
PLANNING
ITEM#71049
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of DALE WOODEN for a Conditional Use Permit re home
occupation at 6336 Blackwater Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DALE WOODEN for a Conditional Use Permit re home occupation at
6336 Blackwater Road (GPIN 1397459926) DISTRICT 7 — PRINCESS
ANNE
The following conditions shall be required:
1. The use shall not create noise, dust, vibration, smell, glare, electrical interference,fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than would
normally be expected in the neighborhood under normal circumstances wherein no home
occupation exists.
2. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in
conduct of the activity.In addition, all activities related to the proposed Home Occupation
shall be conducted inside of the single-family dwelling.
3. There shall be no sign identifying the business on the exterior of any building on the
property or within the yard of the property.
4. There shall be no more than one(1)employee, other than the homeowner, on the property
associated with this home-based business.
5. The activities for the Home Occupation shall be limited to five(5)days,per month, between
the hours of 8:30 a.m. —4:30 p.m., Monday through Friday.
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 17`h day of November Two
Thousand Twenty.
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
November 17, 2020
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0 25 50 100 150 200 250 300
62
ITEM— VLJ.11
PLANNING
ITEM#71049
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of LOUIS PERRIN for a Conditional Use Permit re
residential kennel at 2121 Munden Point Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LOUIS PERRIN for a Conditional Use Permit re residential kennel at
2121 Munden Point Road(GPIN 2307684775)DISTRICT 7—PRINCESS
ANNE
The following conditions shall be required:
1. There shall be no more than thirteen (13)adult dogs kept on the property at any time.
2. The dog kennel structure shall be constructed to be soundproofed and air-conditioned.
3. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and
sanitary condition.
4. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner
on a daily basis.
5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are
licensed through the City of Virginia Beach.
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 17t day of November Two
Thousand Twenty.
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
November 17, 2020
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Zoning
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63
ITEM— VI.J.12
PLANNING
ITEM#71050
The following registered to speak:
Genese Rogers, Applicant, 5804 Edith Court, Phone: 839-2561, spoke in SUPPORT
Clarence Harris,Applicant, 5804 Edith Court, Phone: 675-9969, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Michael Wilson, 709 Northgate Court, Phone: 802-0801, spoke in OPPOSITION
Rick Cameron Jr., 717 Northgate Court, Phone: 478-9721, spoke in OPPOSITION
Upon motion by Council Member Berlucchi, seconded by Council Member Wilson, City Council DENIED
Application of GG PROPERTY MANAGEMENT, LLC/REDELL LANE for a Conditional Use Permit
re short term rental at 713 Northgate Court DISTRICT 4—ROSE HALL
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
November 17, 2020
64
ITEM— VLJ.13
PLANNING
ITEM#71051
The following registered to speak:
Shelly Arnoldi, Applicant, 3921 Whooping Crane Circle, Phone: 202-285-7474, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Charles Hartman,Aeries on the Bay Civic League-President,2333 Rookery Way,Phone:567-1469,spoke
in OPPOSITION
Stacey Kellam, 3919 Whooping Crane Circle, Phone: 363-9143, spoke in OPPOSITION
Alesia Grierson, 3904 Whooping Crane Circle, Phone: 646-0082, spoke in OPPOSITION
Jill Broome, 2373 Rookery Way, Phone: 576-3088, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED
Application of SHELLYARNOLDI for a Conditional Use Permit re short term rental at 3921 Whooping
Crane Circle DISTRICT 4—BAYSIDE
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
November 17, 2020
65
ITEM— VI.J.14
PLANNING
ITEM#71052
The following registered to speak:
Valerie Taylor,Applicant, 2980 Bruce Station, Chesapeake, Phone: 347-612-0114, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood,seconded by Council Member Moss, City Council DENIED Application
of VALERIE TAYLOR for a Conditional Use Permit re short term rental at 3644 Britt Terrace (GPIN
1487562140)DISTRICT 5—LYNNHAVEN
Voting: 9-1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson and Vice Mayor James L. Wood
Council Members Voting Nay:
Sabrina D. Wooten
Council Members Abstaining:
Jessica P.Abbott
Council Members Absent:
None
November 17, 2020
u
City of Virginia Beach
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JESSICA P.ABBOTT CELL PHONE: (757)577-2068
COUNCIL LADY-DISTRICT 2-KEMPSVILLE OFFICE PHONE: (757)744-3407
JABBOTT@VBGOV.COM
November 17, 2020
In Reply Refer to 0068323
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act,I make the following
declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Valerie Taylor for a conditional use permit for a short term
rental at 3644 Britt Terrace.
2. The applicant is a client of Matt Abbott Insurance. I have a personal interest in
Matt Abbott Insurance, which is located at 4646 Princess Anne Road, Suite 103,
Virginia Beach, VA 23462.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely
Jessica P. Abbott
Councilmember
JPA/RRI
4646 PRINCESS ANNE ROAD,SUITE#103.VIRGINIA BEACH.VIRGINIA 23464
66
ITEM— VLJ.15
PLANNING
ITEM#71053
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED,BY CONSENT,Application of SHELLEY GAIL DAGENHART for a Conditional Use
Permit re short term rental at 2113 Atlantic Avenue, Unit 2-B DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SHELLEY GAIL DAGENHART for a Conditional Use Permit re short
term rental at 2113 Atlantic Avenue, Unit 2-B (GPIN 24271868788230)
DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 2113 Atlantic
Avenue, Unit 2B, and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2))on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through 'c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
November 17, 2020
67
ITEM— VLJ.15
PLANNING
ITEM#71053
(Continued)
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rentals.
11. No signage shall be on site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than one (1) rental contract during any
consecutive seven (7)day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers")shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
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 17`'' day of November Two
Thousand Twenty.
November 17, 2020
68
ITEM— VLJ.15
PLANNING
ITEM#71053
(Continued)
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Member Voting Nay:
Barbara M. Henley, Louis R. Jones and John D. Moss
Council Members Absent:
None
November 17, 2020
------
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Zoning
Parking Lot Drive Aisle Feet
Building 0 15 30 60 90 120 150 180
69
ITEM— VLJ.16
PLANNING
ITEM#71054
The following registered to speak:
Andrew Gregory, Applicant, 808 Lake Side Drive, Phone: 647-4529, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED,
AS CONDITIONED, Application of ANDREW KUTSCH GREGORY for a Conditional Use Permit re
short term rental at 514 Pinewood Drive DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ANDREW KUTSCH GREGORY for a Conditional Use Permit re short
term rental at 514 Pinewood Drive (GPIN 2427048415) DISTRICT 6—
BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 514 Pinewood
Drive and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. Approval of a deviation from Category I landscape requirements and setback for the
existing fence in front yard.
4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling
unit(s)through the Residential Parking Permit Program(RPPP)shall be limited to two(2)
resident passes only. Guest and temporary passes through the RPPP shall not be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2)) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
November 17, 2020
70
ITEM— VLJ.16
PLANNING
ITEM#71054
(Continued)
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
14. The Short Term Rental shall have no more than one (1) rental contract during any
consecutive seven (7)day period.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
November 17, 2020
71
ITEM— VLJ.16
PLANNING
ITEM#71054
(Continued)
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
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 17`h day of November Two
Thousand Twenty.
Voting: 7-4
Council Members Voting Aye:
Jessica P. Abbott, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K.
Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D.
Wooten
Council Member Voting Nay:
Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones and John D.
Moss
Council Members Absent:
None
November 17, 2020
J .9\\1) \\\R5S
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Zoning
Parking Lot Drive Aisle illpiriFeet
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72
ITEM— VLJ.17
PLANNING
ITEM#71055
The following registered to speak:
Sean Reilly,Applicant, Phone: 719-660-2110, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Nancy Parker, 273 23'd Street, Phone: 657-4848, spoke in OPPOSITION
Upon motion by Vice Mayor Wood,seconded by Council Member Moss, City Council DENIED Application
of SEAN REILLY for a Conditional Use Permit re short term rental at 604 23rd'/2 Street DISTRICT 6—
BEACH
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
November 17, 2020
73
ITEM— VI.J.18
PLANNING ITEM#71056
The following registered to speak:
Dana Sampson, Applicant, P. O. Box 61143, Phone: 620-2872, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council APPROVED,
AS CONDITIONED, Application of RED LION PROPERTIES, LLC for a Conditional Use Permit re
short term rental at 1009 Barclay Square DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
RED LION PROPERTIES, LLC for a Conditional Use Permit re short
term rental at 1009 Barclay Square(GPIN 24179401679380)DISTRICT
6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 1009 Barclay
Square and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. The on-site garage parking space, as shown in the Site Layout&Parking Plan section of
this report, must remain a minimum of 9-feet by 18-feet, contain a minimum 8-foot wide
vehicle entryway opening, shall remain free of materials to ensure vehicular accessibility,
and shall be continuously leased and available to the tenants of 1009 Barclay Square when
the home is used for Short Term Rental purposes.
4. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two)on the
property where the Short Term Rental is located. This Short Term Rental may not request
or obtain a Special Event Permit under City Code Section 4-1 (8a).
6. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
November 17, 2020
74
ITEM— VLJ.18
PLANNING
ITEM#71056
(Continued)
7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Department of Planning and Community Development for review and
approval. This shall be done within six(6) months of the property real estate transaction
closing date.
a) A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b) Copies of the Commissioner of Revenue's Office receipt of
registration; and
c) Proof of liability insurance applicable to the rental activity of at least
$1-Million.
8. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
9. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
10. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
11. Accessory structures shall not be used or occupied as Short Term Rental.
12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
13. The Short Term Rental shall have no more than one (1) rental contract during any
consecutive seven (7)day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
November 17, 2020
75
ITEM— VLJ.18
PLANNING
ITEM#71056
(Continued)
17. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors shall be installed in each Short Term Rental.
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 17th day of November Two
Thousand Twenty.
Voting: 9-1
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, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Member Voting Nay:
Barbara M. Henley
Council Members Absent:
Rosemary Wilson
November 17, 2020
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Zoning
Parking Lot Drive Aisle - Feet
76
ITEM— VLJ.19
PLANNING
ITEM#71057
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of JUSTYCE SWANGO/JASON & INDIA SWANGO
JOINT REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 811
Delaware Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JUSTYCE SWANGO / JASON & INDIA SWANGO JOINT
REVOCABLE LIVING TRUST for a Conditional Use Permit re short
term rental at 811 Delaware Avenue (GPIN 2417932240)DISTRICT 6—
BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 811 Delaware
Avenue, and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two(2)) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
November 17, 2020
77
ITEM— VLJ.19
PLANNING
ITEM#71057
(Continued)
6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements `a'through `c' below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rentals.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than one (1) rental contracts during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
November 17, 2020
78
ITEM— VLJ.19
PLANNING
ITEM#71057
(Continued)
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
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 17t day of November Two
Thousand Twenty.
Voting: 8-3
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer,Aaron
R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood
and Sabrina D. Wooten
Council Member Voting Nay:
Barbara M. Henley, Louis R.Jones and John D. Moss
Council Members Absent:
None
November 17, 2020
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Property_Polygons 811 Delaware Avenue `►'
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79
ITEM— VLJ.20
PLANNING
ITEM#71058
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of LAWRENCE & SUZANNE OLESZKO for a
Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 117 DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LAWRENCE& SUZANNE OLESZKO for a Conditional Use Permit re
short term rental at 4005 Atlantic Avenue, Unit 117 (GPIN
24280514483910)DISTRICT 6—BEACH
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic
Avenue Unit 117, and the Short Term Rental use shall only occur in the principal structure.
2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning
Ordinance or as approved by City Council.
3. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
4. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2)) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1 (8a).
5. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes. Physical response to the site of the Short Term Rental is not
required.
6. If or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6)months of the property real estate transaction closing date.
November 17, 2020
80
ITEM— VLJ.20
PLANNING
ITEM#71058
(Continued)
a. A completed Department of Planning and Community Development
Short Term Rental Zoning registration form; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration;and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million. '
7. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
8. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
9. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
10. Accessory structures shall not be used or occupied as Short Term Rentals.
11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the
building which identifies the Short Term Rental.
12. The Short Term Rental shall have no more than one (1) rental contract during any
consecutive seven (7) day period.
13. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom.
16. To the extent permissible under state law, interconnected smoke detectors (which may be
wireless), a fire extinguisher and, where natural gas or propane is present, carbon
monoxide detectors, shall be installed in each Short Term Rental.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
November 17, 2020
81
ITEM— VLJ.20
PLANNING
ITEM#71058
(Continued)
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17t day of November Two
Thousand Twenty.
Voting: 9-2
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Member Voting Nay:
Barbara M. Henley
John D. Moss
Council Members Absent:
None
November 17, 2020
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Property_Polygons 4005 Atlantic Avenue, Unit 117
S
Zoning
Parking Lot Drive Aisle m imIme Feet
82
ITEM— VI.K
APPOINTMENTS
ITEM#71059
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
CHESAPEAKE PRESERVATION AREA BOARD
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HOUSING ADVISORY BOARD
INVESTIGATIVE REVIEW PANEL
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
November 17, 2020
83
ADJOURNMENT
ITEM#71060
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:16 P.M.
(7:- --
errs . Ch ius
Chief Deputy City Clerk
an a B rnes, MMC Robert M. Dyer
City Clerk Mayor
November 17, 2020