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Home My WebLink AboutJULY 1, 2014 MINUTESI .1 CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall -- District 3 BRAD MARTIN, P.E., At Large JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 01 JULY 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com II. CITY COUNCIL BRIEFING - Conference Room - A. HAYGOOD POST OFFICE RELOCATION Richard Hancock, Real Estate Specialist United States Postal Service, Eastern Facilities Service Office CITY ATTORNEY'S BRIEFING A. CONFLICT OF INTEREST ACT AMENDMENTS Mark Stiles, City Attorney III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 5:OOPM 5:30 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Cheston Holoman, DD Pastor Saint John's Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 17, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. TIDEWATER BUILDERS ASSOCIATION SCHOLARSHIP FOUNDATION Certificates to Virginia Beach Students John Ainslie, TBA Past President and Chair of the Virginia Beach Municipal Affairs Committee 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director - Finance I. PUBLIC HEARING 1. INCREASE OF FEES FOR SUBDIVISION PLATS J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. Section 18-49 to provide for local alcoholic beverage license taxes for small breweries b. Section 35-64 re the calculation of income for the Elderly and Disabled Tax Relief 2. Ordinance re a COOPERATIVE AGREEMENT with the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2015 3. Ordinance to AUTHORIZE Tax Exemption on certain real and personal property used by the Military Aviation Museum for exhibition or educational purposes 4. Ordinance to DECLARE 3105 Newbern Lane as blighted and a nuisance; ADOPT a plan to abate same; and, TRANSFER $120,000 to the Housing and Neighborhood Preservation FY 2014-15 Operating Budget for this abatement 5. Resolution to APPOINT Amanda Burke to Associate City Attorney K. PLANNING 1. Ordinances to AMEND: a. Sections 3.2 and 8.1 of the Subdivision Regulations re preliminary plats and fees for final plats RECOMMENDATION APPROVAL b. Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance re living shoreline projects as authorized use and credit for In -Lieu fees RECOMMENDATION APPROVAL c. Section 1602 of the Coastal Primary Sand Dune Ordinance re living shoreline projects under a General Permit as an authorized use RECOMMENDATION d. Section 111 re definition of "Family" RECOMMENDATION L. APPOINTMENTS DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE WETLANDS BOARD M UNFINISHED BUSINESS N. NEW BUSINESS APPROVAL APPROVAL O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Jule' 4th - Friday Labor Day - Monday, September 1 Veterans Day - Tuesday, November I1 Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday, !November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 /gw 07/01/2014 CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 8:30 AM to 5:OOPM -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 1, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, July 1, 2014, at 5:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Camp Pipsico with Scout Troop 375 July 1, 2014 -2 - CITY COUNCIL'S BRIEFING HAYGOOD POST OFFICE RELOCATION ITEM #63959 5:00 P.M. Mayor Sessoms introduced and welcomed Richard Hancock, Real Estate Specialist — United States Postal Service. Mr. Hancock advised he is a "New Space Acquisition Project Manager ". In other words, when there is a need for a new Post Office, and in this case, the Post Service lost the lease at the Haygood location and it is his responsibility to be the point of contact with the community and oversee the real estate acquisition. Mr. Hancock stated the Postal Service could not reach an agreement with the landlord at the Haygood location and subsequently lost the lease. The first step is to get the approved funding to replace a Post Office. Mr. Hancock is obligated to follow the Federal Code of Regulations, be the point of contact for communication and explain what and why the Postal Service is planning. Mr. Hancock must also communicate with the Public and provide the process that is mandated, which is: hold a fifteen (15) day "comment period", then a thirty (30) day "appeal period" before substantive action can be taken to replace the Post Office. After the forty-five (45) day, the information will be posted at the next closest Post Office, which is Bayside. Mr. Hancock is looking at retail friendly space, approximately 1,500 square feet, with rear access and the ability to work as a Post Office. Mr. Hancock will solicit feedback from the City. Mayor Sessoms advised Mr. Hancock that Vice Mayor Jones is the District Representative for the Bayside District and recommended he call him directly with any issues or questions in addition to the City Manager. Mayor Sessoms thanked Mr. Hancock for providing the information and looks forward to getting this Post Office back up and running. July 1, 2014 -3 - CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 5:06 P.M. Mayor Sessoms introduced and welcomed Rod Ingram, Deputy City Attorney. Mr. Ingram expressed appreciation to City Council and advised this Briefing is to provide an "overview" of the changes to the Conflict of Interests Act (COIA) Changes to the Conflicl of Interests Act An overview of the Changes to the Act's Provision Regarding Local Governments, Effective July 20'14 Below is the definition of COIR: conflict of Int crests Act ("COI ") The Conflict of Interests Act is the primary law governing the financial interests of government officials and employees in contracts and transactions that involve their agency. July 1, 2014 -4 - CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 (Continued) Below are the changes today's Briefing will cover: The Changes • "Personal interest" threshold now $5000 . New definition of "immediate family" New rules on gifts Frequency & tuning of financial disclosure forms • The Virginia Conflict of Interest and Ethics Advisory Council "Personal Interest" threshold changed to greater than $5, 000 "Personal Interest" Such interest exists by reason of - Ownership of abusiness (> 3%) - Annual income > $5,000 from ownership of property or a business; - Annual salary/compensation > $5,000; - Ownership of property if interest is > $5,000; - Option to own business or property if ownership interest > 3% (business) or $5,000 (property) Personal liability, assumed on behalf of business, that exceeds 3% of business's dotal equity July 1, 2014 -5 - CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 (Continued) "Immediate family" includes your spouse and any child who resides in your home and is your dependent. Disclosure must be made on any gifts to immediate family members greater than $50.00 or greater than $100 for multiple gifts from one giver: "1 mediate Family" Immediate family" means your spouse and also any child who resides in your home and who is your dependent. of Economic .Interests now requires disclosure of gifts t immediate family members (> $50 or > $900 far multiple gifts from one +giver). A"gift" is "any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It inludes services as well as gifts of transportation, local travel, lodgings and meals, whether provided in-kind, by purchaseof a ticket, payment in advance or reimbursement after the expense' has beincurred. ncur d." July 1, 2014 -6 - CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 (Continued) Not a Gilt Gift" does not include: • Ticket, coupon or pass that was not used (by anyone). • Certain scholarships, honorary degrees • Campaign contributions reported in accordance with state election law Gifts related to the official's private professionloccupation or that of an immediate family member Friends. and Relatives Gift" also does not include gifts from "relatives" or "personal friends" "Relatives": gRi recipient's spouse, child, uncle, aunt, niece, nephew, fiancee,' parent (or spouse's parent), grandparent, grandchild, brother,sister, or the spouse o the recipient's' brother or sister. 'Personal friends" does not include: - Lobbyists or lobbyist's principals Person, business or organization who (or that) is a Party to City contract or seeking a City contract July 1, 2014 -7- CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 (Continued) Tan ib a tai 1 n ang ble? Intangible'Gift: "a thing trftemporary value a thing that non the happening of a certain event Ge expiration __a-ven date loses. its value" • Entertainment and hospitality • Ticket, :admission or pass • Transportation • 'Lodging • 'Meals' r Tangible or Intangible? Tangible Gift;as thing of value that does not lose its value upon the happening of a certain event or the expiration of a given date" Currency • Negotiable instruments (checks, promissory notes), Securities and stock options • Other financial instruments July 1, 2014 -8- CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 (Continued) Below is an "overview" of the new rules: The New Rules An officer or employee ofc�al government (including appointees to advisory agencies and candidates for elective office) shag not solicit or'receive within any calendar year a single tangible gift worth more than $250 or a combination of tangible gifts totaling ;. 5250 in value Dm a peen he knows or has reason to know is a lobbyist, lobbyist's' principal, or a lsersonibusiness/organocation seeking a City conwtract. Tangible gifts. from such personslentities valued at < $250lyear must be disclosed. Financial Disclosures are now required by certain government officials and appointees to be filed semi- annually: Financial Disclosures Prior to. taming office, and annually or semi- annually during one's term of office, certain governmental officials and appointees are required to file one of three disclosure forms: . The Statement of Economic Interests he "long form") 2. The Financial Disclosure Statement (the "short form") The Disclosure of Real Estate Holdings July 1, 2014 -9 - CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 (Continued) Below is the list of who will be required to file semi-annually and who will file annually: Annual or SemI Annual? Semi -Annual Filers • City Council School Board (• ConstitutionalOfficers Development Authority •Council -Appointed Officials (City Manager, Cita► .. Attorney, City erk, Real Estate Assessor, City Auditor) • Chesapeake Bay Preservation Area Board Annual Filers: All other boards and commis ons The dates have also changed: Semi -Annual Filers December 15, 2014 for pian.1- Oct. 31, 2014) •' dune 1a, 2015 (for Noe. t, 2014 to April 30, 2015)' Decembers, 20fr lM9ay 9 #o Oct. 31, 2075; Annual Filers December 15, 2014 or Jan. 1 to Oct. 3i, 2014) •. December 15, 2015 for Nov. 1, 2014 to Oct. 31, 2015) July 1, 2014 -10- CITY ATTORNEY'S BRIEFING CONFLICT OF INTEREST ACT AMENDMENTS ITEM #63960 (Continued) The General Assembly created The Virginia Conflict of Interest and Ethics Advisory Council to provide guidance and assistance to anyone required to file under COIA; however, it was not funded and, therefore, does not exist. It is the hope that clarification can be expected after the 2015 General Assembly Session: The Conflicts Cciu ci The Virginia Conflict of Interest and Ethics Advisory Council • Would issue opinions and provide advice, offer training, and be the central filing depository for all annual and semi-annual disclosure statements • Unfunded • Clarification expected after 2015 General Assembly Session Mr. Ingram advised that if ever any Member of City Council has a question, he and City Attorney Mark Stiles are always available to provide guidance. Mayor Sessoms expressed his appreciation to Mr. Ingram. July 1, 2014 -11 - CITY COUNCIL LIAISON REPORTS 5:23 P.M. ITEM #63961 Mr. Martin advised he and Councilman Moss attended the MEDAC meeting a few weeks ago. Vice Admiral Melvin Williams, Associate Provost for Military and Veterans Affairs at the George Washington University, expressed interest in the possibility of a Satellite Campus. Vice Admiral Williams is looking forward to the possibility of a "Medical Campus" and the work being done by the Mayor's Bioscience Task Force. July 1, 2014 -12 - CITY COUNCIL COMMENTS ITEM #63962 Mayor Sessoms advised the Hampton Roads Transportation Accountability Commission (HRTAC) will have their first meeting Wednesday, July 2, 2014, at 2:00 P.M. The first order of business will be to establish By -Laws, appoint a Chairman and Vice -Chairman and establish a regular meeting schedule. Essentially, the first meeting with be an "organizational" meeting. Mayor Sessoms stated he met with some individuals with the Tea Party, as they have taken a very active interest in HRTAC to ensure their voices are heard. HRTAC will allow public comments at each of the meetings. July 1, 2014 -13 - CITY COUNCIL COMMENTS ITEM #63963 Councilman Martin expressed concern regarding the First Tuesday in November being Election Day and a scheduled City Council Formal Session. He asked if the meeting will still be held. Vice Mayor Jones stated City Council usually cancels the meeting on Election Day. July 1, 2014 -14 - CITY COUNCIL COMMENTS ITEM #63964 Council Lady Ross -Hammond attended the Police Academy Graduation with approximately forty (40) graduates, including five (5) young ladies. July 1, 2014 -15 - CITY COUNCIL COMMENTS ITEM #63965 Council Lady Ross -Hammond attended the "Rising to the Challenge" conference and was proud to hear Mayor Sessoms speak and take such a proactive approach to the challenges of Seal Level Rise the Region is facing. She advised the road construction in Kempsville is taking a little longer because the City is making sure they are considering the possibility of Sea Level Rise. Mayor Sessoms thanked Council Lady Ross -Hammond for her kind words but credit is due the entire City Council and Stafffor the work conducted on Sea Level Rise. Mayor Sessoms emphasized while studies are good, there comes a time that action has to be taken and that time is now. Mayor Sessoms is proud of the City as it is obvious we are leaps and bounds ahead of other Hampton Roads Cities. July 1, 2014 -16 - CITY COUNCIL COMMENTS ITEM #63966 Vice Mayor Jones advised he attended Governor McAuliffe's Hurricane Preparedness Briefing at Camp Pendleton this morning. The Governor did an outstanding job providing the intent and purpose in establishing a Plan that all of Hampton Roads will have to provide the greatest degree of safety for Citizens. Based on the comments during the meeting, Vice Mayor Jones is confident in saying Virginia Beach is way ahead of most of the other Hampton Roads Cities on steps that would be taken for evacuation in the case of a major hurricane. The City Staff provided valuable information and it is clear that the City has taken steps far beyond what other cities have done and most of the credit is due to City Manager Spore and the City Staff. July 1, 2014 -17- CITY COUNCIL COMMENTS ITEM #63967 Councilman Dyer met with some of the Centerville Civic League Leaders and a young group of youth from Tallwood High School who presented a Petition requesting a small Skate Park in Centerville District. Councilman Dyer was most impressed with the tenor and the disposition of these young people and would like to see what the City could possibly do about constructing a Skate Park in the area. July 1, 2014 -18 - AGENDA REVIEW SESSION 5:32 P.M. ITEM #63968 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 18-49 to provide for local alcoholic beverage license taxes for small breweries b. Section 35-64 re the calculation of income for the Elderly and Disabled Tax Relief 2. Ordinance re a COOPERATIVE AGREEMENT with the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2015 3. Ordinance to AUTHORIZE Tax Exemption on certain real and personal property used by the Military Aviation Museum for exhibition or educational purposes 4. Ordinance to DECLARE 3105 Newbern Lane as blighted and a nuisance; ADOPT a plan to abate same; and, TRANSFER $120,000 to the Housing and Neighborhood Preservation FY 2014-15 Operating Budget for this abatement 5. Resolution to APPOINT Amanda Burke to Associate City Attorney ITEM #3 WILL BE CONSIDERED SEPARATELY COUNCILMAN MARTIN WILL ABSTAIN ON ITEM #3 July 1, 2014 -19 - AGENDA REVIEW SESSION ITEM #63968 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. PLANNING 1. Ordinances to AMEND: a. Sections 3.2 and 8.1 of the Subdivision Regulations re preliminary plats and fees for final plats b. Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance re living shoreline projects as authorized use and credit for In -Lieu fees c. Section 1602 of the Coastal Primary Sand Dune Ordinance re living shoreline projects under a General Permit as an authorized use d. Section 111 re definition of "Family" July 1, 2014 -20- ITEM#63969 Mayor William D. Sessoms, Jr., 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: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees Upon motion by Councilman Wood, seconded by Council Lady Ross -Hammond, City Council voted to proceed into CLOSED SESSION at 5:33 P.M. Voting. 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss (Closed Session 5:33 P.M. - 5:40 P.M.) July 1, 2014 -21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULY1, 2014 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 1, 2014, at 6:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Camp Pipsico with Scout Troop 375 INVOCATION: Reverend Cheston Holoman, DD Pastor Saint John 's Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which LowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he 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. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a July 1, 2014 -22 - Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential 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, 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 she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of August 13, 2013, is hereby made a part of the record. July 1, 2014 Item -VII-E CERTIFICATION -23- ITEM #63970 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 1, 2014 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 #63969 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. th Hodges City Clerk raser, MMC July 1,2014 Item -VII-F.1 MINUTES -24- ITEM #63971 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 17, 2014. Voting. 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 -25 - ADOPT AGENDA FOR FORMAL SESSION ITEM #63972 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 1, 2014 Item -VII-H1 MAYOR'S PRESENTATIONS -26- ITEM #63973 TIDEWATER BUILDERS ASSOCIATION SCHOLARSHIP FOUNDATION Certificates to Virginia Beach Students John Ainslie, TBA Past President and Chair of the Virginia Municipal Affairs Committee Mayor Sessoms introduced and welcomed John Ainslie of the Tidewater Builders Association Scholarship Foundation. Since 1965, the Foundation has awarded 454 scholarships totaling $1.76 -Million, and in Virginia Beach alone, 219 scholarships totaling $782,400. Mayor Sessoms introduced and congratulated this year's scholarship recipients: $5, 000 ACADEMIC AWARD Jason Ham of Princess Anne High School — William J. Hearring Memorial Scholarship Tianni Ivey of Tallwood High School — Sherman and Nancy Reece Scholarship Joanna Tan of Tallwood High School — Hoard and Nancye Weisberg Scholarship YOUNG DESIGNERS' SCHOLARSHIP COMPETITION John Pantalone of the Advanced Technology Center and Salem High School - $1,500 Alex Salvato of Kempsville High School - $1, 000 Antonio Ramos of the Advanced Technology Center and Princess Anne High School - $500 Not in attendance Timothy Filipowski of Kempsville High School - $750 Esther Lee of Kempsville High School - $250 And finally, based on essays -of -need submitted by instructors, Kempsville High School (Eric Nestor) received a $600 Grant and Ocean Lakes High School (Cecilia Hess) received a $400 Grant Mayor Sessoms expressed his sincere appreciation to the Foundation for their support of these young people in the education and, ultimately, the City of Virginia Beach. July 1, 2014 Item -VII-H.2 MAYOR'S PRESENTATIONS -27- ITEM #63974 GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director - Finance Mayor Sessoms introduced Patricia Phillips — Director, Finance and presented her the Certificate of Achievement for Excellence in Financial Reporting for Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2013. This Award represents the highest standards in government accounting and financial reporting. Ms. Phillips thanked the Mayor and Members of City Council for their continued commitment to transparency. This is the 33rd consecutive annual Certificate of Excellence the City has received. Ms. Phillips acknowledged and thanked her Staff for all of their hard work. July 1, 2014 ■■ ■ Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Virginia Beach. Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2013 *efer,o Executive Director/CEO -28 - Item -VII-I.1 PUBLIC HEARING ITEM #63975 Mayor Sessoms DECLARED A PUBLIC HEARING: INCREASE OF FEES FOR SUBDIVISON PLATS There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. July 1, 2014 Item: -VII-J ORDINANCES/RESOLUTIONS -29- ITEM #63976 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items la/b, 2, 4 and 5 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 Item -VII-J.la ORDINANCES/RESOLUTIONS -30- ITEM #63977 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. Section 18-49 to provide for local alcoholic beverage license taxes for small breweries Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-49 TO PROVIDE FOR LOCAL 3 ALCOHOLIC BEVERAGE LICENSE TAXES 4 FOR SMALL BREWERIES 5 6 Section Amended: § 18-49 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-49 of the Virginia Beach City Code is hereby amended and 12 reordained to read as follows: 13 14 Sec. 18-49. Alcoholic beverages—Generally. 15 16 (a) Every person engaged in manufacturing, bottling, selling or dispensing alcoholic 17 beverages shall pay license taxes in the following sums, per annum: 18 19 (1) For each distiller's license, if more than five thousand (5,000) gallons of 20 spirits are manufactured during the license year, including bottling, one 21 thousand dollars ($1,000.00). 22 23 (2) For each winery license, fifty dollars ($50.00). 24 25 (3) For each brewery license, including bottling, one thousand dollars 26 ($1,000.00), except if the brewery manufactures less than 500 barrels 27 during the year in which case the brewery license for such person shall be 28 two hundred and fifty dollars ($250.00) . 29 30 (4) For each bottler's license, five hundred dollars ($500.00). 31 32 (5) For each wholesale beer license, two hundred fifty dollars ($250.00). 33 34 (6) For each wholesale wine distributor's license, fifty dollars ($50.00). 35 36 (7) For each retail on-premises wine and beer license for a hotel, restaurant, 37 gift shop, gourmet shop, convenience grocery store or club; for each retail 38 off-premises wine and beer license; and for each on and off-premises 39 wine and beer license, one hundred fifty dollars ($150.00). 40 41 (8) For each retail on-premises beer license for a hotel, restaurant or club; for 42 each retail off-premises beer license; for each on- and off-premises beer 43 license; and for each druggist license, one hundred dollars ($100.00). 44 45 (9) For each bed & breakfast license, forty dollars ($40.00). 46 47 (10) For each day spa license, twenty dollars ($20.00). 48 49 (b) The licenses referred to in subsection (a) above shall be as respectively defined 50 by the Alcoholic Beverage Control Act of the state, as amended, and the terms 51 "alcoholic beverages", "alcohol", "spirits", "beer" and "wine", wherever used in 52 this section shall have the meanings respectively ascribed to them by such act. 53 54 (c) No license shall be issued under this section to any person, unless such person 55 shall hold or shall secure simultaneously therewith the proper state license 56 required by the Alcoholic Beverage Control Act. Such state license shall be 57 exhibited to the commissioner of revenue. 58 59 (d) Any license issued under this section may be amended to show a change in the 60 place of business within the city. Any such license may be transferred from one 61 person to another; provided the person to whom transferred holds, at the same 62 time, a similar license from the state alcoholic beverage control commission. 63 64 (e) In imposing wholesale merchant's license taxes measured by purchases and 65 retail merchant's license taxes measured by sales and restaurant license taxes 66 measured by sales under the provisions of this chapter, other than the provisions 67 of this section, alcoholic beverages shall be included in the base or bases for 68 measuring such license taxes the same as if the alcoholic beverages were 69 nonalcoholic. No alcoholic beverage license tax levied under this section shall be 70 construed as exempting any licensee from any merchant's or restaurant license 71 tax, and such merchant's and restaurant license taxes shall be in addition to the 72 alcoholic beverage license taxes levied hereby; provided, however, that in 73 determining the liability of a beer wholesaler or wholesale wine distributor to 74 merchant's license taxation under this chapter, there shall be deducted from such 75 merchant's license tax the amount of the specific license tax imposed under this 76 section and paid by such beer wholesaler or wholesale wine distributor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of July , 2014. APPROVED AS TO CONTENT: Com sio er of Revenue CA13045 R-1 June 16, 2014 S TO LEGAL SUFFICIENCY: Item -VII-J.lb ORDINANCES/RESOLUTIONS -31- ITEM #63978 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. Section 35-64 re the calculation of income for the Elderly and Disabled Tax Relief Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 11 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 35-64 PERTAINING TO THE 3 CALCULATION OF INCOME FOR THE 4 ELDERLY AND DISABLED TAX RELIEF 5 PROGRAM 6 7 Section Amended: § 35-64 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 35-64 of the Virginia Beach City Code is hereby amended and 13 reordained to read as follows: 14 15 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing 16 home, etc. 17 18 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided 19 for in this division shall be granted to persons subject to the following provisions: 20 21 .... 22 23 (3) For the tax exemption programs, the total combined income received from 24 all sources during the preceding calendar year by: (i) the owner or owners 25 of the dwelling who use it as their principal residence, (ii) the owner's or 26 owners' relatives who live in the dwelling, except for those relatives living 27 in the dwelling and providing bona fide caregivinq services to the owner 28 whether such relatives are compensated or not, and (iii) nonrelatives of 29 the owner who live in the dwelling except for bona fide tenants or bona 30 fide paid caregivers of the owner, whether compensated or not, shall not 31 exceed sixty-three thousand four hundred and fifty dollars ($63,450.00) 32 provided that the first ten thousand dollars ($10,000.00) of income of each 33 relative, other than a spouse of the owner, who is living in the dwelling and 34 who does not qualify for the exemption provided by subdivision (b) hereof, 35 and any amount up to ten thousand dollars ($10,000.00) of income of 36 each nonrelative who is not the bona fide tenant or bona fide paid 37 caregiver of an owner living in the dwelling and who does not qualify for 38 the exemption provided by subdivision (b) hereof, shall not be included in 39 such total; and provided further that up to five thousand dollars 40 ($5,000.00) of any permanent or temporary disability benefit, from 41 whatever source, received by an owner and the first ten thousand dollars 42 ($10,000.00) or any portion thereof of income received by a permanently 43 and totally disabled owner shall not be included in such total. 44 45 (4) For the tax freeze program, the total combined income received from all 46 sources during the preceding calendar year by: (i) the owner or owners of 47 the dwelling who use it as their principal residence, (ii) the owner's or 48 owners' relatives who live in the dwelling, except for those relatives living 49 in the dwelling and providing bona fide caregivinq services to the owner 50 whether such relatives are compensated or not, and (iii) nonrelatives of 51 the owner who live in the dwelling except for bona fide tenants or bona 52 fide paid caregivers of the owner, whether compensated or not, shall not 53 exceed sixty-seven thousand dollars ($67,000.00) provided that the first 54 ten thousand dollars ($10,000) of income of each relative, other than a 55 spouse of the owner, who is living in the dwelling and who does not qualify 56 for the exemption provided by subdivision (b) hereof, and any amount up 57 to ten thousand dollars ($10,000.00) of income of each nonrelative who is 58 not the bona fide tenant or bona fide paid caregiver of an owner living in 59 the dwelling and who does not qualify for the exemption provided by 60 subdivision (b) hereof, shall not be included in such total; and provided 61 further that up to five thousand dollars ($5,000.00) of any permanent or 62 temporary disability benefit, from whatever source, received by an owner 63 and the first ten thousand dollars ($10,000.00) or any portion thereof of 64 income received by a permanently and totally disabled owner shall not be 65 included in such total. 66 67 68 69 (7) For the tax deferral program, the total combined income received from all 70 sources during the preceding calendar year by: (i) the owner or owners of 71 the dwelling who use it as their principal residence, (ii) the owner's or 72 owners' relatives who live in the dwelling, except for those relatives living 73 in the dwelling and providing bona fide caregivinq services to the owner 74 whether such relatives are compensated or not, and (iii) nonrelatives of 75 the owner who live in the dwelling except for bona fide tenants or bona 76 fide paid caregivers of the owner, whether compensated or not, shall not 77 exceed sixty-seven thousand dollars ($67,000.00) provided that the first 78 ten thousand dollars ($10,000.00) of income of each relative, other than a 79 spouse of the owner, who is living in the dwelling and who does not qualify 80 for the exemption provided by subdivision (b) hereof, and any amount up 81 to ten thousand dollars ($10,000.00) of income of each nonrelative who is 82 not the bona fide tenant or bona fide paid caregiver of an owner living in 83 the dwelling and who does not qualify for the exemption provided by 84 subdivision (b) hereof, shall not be included in such total; and provided 85 further that up to five thousand dollars ($5,000.00) of any permanent or 86 temporary disability benefit, from whatever source, received by an owner 87 and the first ten thousand dollars ($10,000.00) or any portion thereof of 88 income received by a permanently and totally disabled owner shall not be 89 included in such total. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of July , 2014. APPROVED AS TO CONTENT: CA13046 R-1 June 17, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Item -VII-J.2 ORDINANCES/RESOLUTIONS -32- ITEM #63979 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re a COOPERATIVE AGREEMENT with the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2015 Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2015 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 13 WHEREAS, the Cooperative Agreement for FY 2014, which expired on June 30, 14 2014, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 15 renewed each fiscal year ...;" and 16 17 WHEREAS, City Council agrees that it is in the best interests of the City and the 18 School Board for the Office of the City Attorney to continue to provide legal services to the 19 School Board pursuant to the revised Cooperative Agreement for FY 2015. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby approves the Cooperative Agreement for FY 25 2015, a copy of which is attached hereto. 26 27 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 28 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of July , 2014. APPROVED AS TO CONTENT AND LEGAL. ICIENCY: City orney CA13049 R-1 June 19, 2014 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2015 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page2of7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 '/2) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2015. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Tracee Hackett, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school -related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page3of7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $402,870.53 from its FY 2015 Operating Budget to the FY 2015 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2014, and ends June 30, 2015, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on 11A-ord, (1, a -O l4 , 2014. By: School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2014. By: City Clerk Page 7 of 7 Item -VII-J.3 ORDINANCES/RESOLUTIONS -33- ITEM #63980 The following individuals registered to speak: Gerald Yagen, Owner and Applicant, 1477 Trading Point Lane, spoke in SUPPORT. Mr. Yagen feels the Museum adds to this very rich aviation community, hosting over 40,000 visitors from all over the World last year. The Museum has over sixty (60) historic planes and hosts three (3) major events each year. The exemption will help tremendously and ensure the Museum will continue bringing positive economic impact to the City. Mr. Yagen reminded City Council this is a request for exemption on certain property taxes. Rob Case, spoke in SUPPORT. Mr. Case advised the Museum provides citizens a place to celebrate the Military and Tourism at one time. The Museum brings visitors from all around the world. Thomas Tillman, 1824 Pleasant Ridge Road, Phone: 721-7093, spoke in SUPPORT. Mr. Tillman requested City Council grant the request and allow the Museum to remain a viable portion of the City's Tourism. Edward Dillingham, 2408 Autumn Leaf Court, Phone: 427-9427, spoke in SUPPORT. Mr. Dillingham has over 3,000 Volunteer Hours at the Museum since 2008. In the past month, the Museum has hosted visitors from 8 Countries and 29 States. Glen Carwell, 3157 Adam Keeling Road, Phone: 496-3888, spoke in SUPPORT. . Mr. Carwell advised the vintage planes should be treated the same as antique vehicles and be exempt from certain taxes. Nick Meiszer, 1252 Princess Anne Road, spoke in OPPOSITON. Mr. Meiszer also expressed concern regarding the safety and welfare of the property owners in and around the Museum. Daniel Franken, 4161 West Neck Road, Phone: 619-9013, spoke in OPPOSITON. Mr. Franken advised the flights at the Museum are an "accident waiting to happen" and it is just a matter of time before it occurs. The airspace in the area is small with a tremendous number of planes. In Mr. Franken 's opinion: "This is a very dangerous situation and should be addressed before something tragic happens ". July 1, 2014 Item -VII-J.3 ORDINANCES/RESOLUTIONS -34- ITEM #63980 (Continued) Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to AUTHORIZE Tax Exemption on certain real and personal property used by the Military Aviation Museum for exhibition or educational purposes Voting: 8-1 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: John D. Moss Council Members Abstaining: Brad Martin July 1, 2014 REQUESTED BY COUNCILMEMBER WILSON 1 AN ORDINANCE TO EXEMPT FROM LOCAL 2 TAXATION CERTAIN REAL AND PERSONAL 3 PROPERTY USED BY THE MILITARY 4 AVIATION MUSEUM FOR EXHIBITION OR 5 EDUCATIONAL PURPOSES 6 WHEREAS, the Military Aviation Museum is a nonprofit organization exempt from 7 federal income taxation under § 501(c) (3) of the Internal Revenue Code; and 8 WHEREAS, the Military Aviation Museum has been provided the exclusive use of 9 certain real and personal property to exhibit or display Warbirds to the general public for 10 educational purposes, including such flights as are necessary for testing, maintaining, or 11 preparing such aircraft for safe operation, or demonstrate the performance of Warbirds 12 at airshows and flight demonstrations of Warbirds, including such flights as are 13 necessary for testing, maintaining, or preparing such aircraft for safe operations; and 14 WHEREAS, for purposes of this ordinance, "Warbirds" means airplanes that 15 were manufactured prior to 1955 and intended for military use; 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, THAT 18 1. That the real and personal property subject to the sole use or occupancy of 19 the Military Aviation Museum to exhibit or display Warbirds to the general 20 public or otherwise use Warbirds for educational purpose is hereby exempt 21 from local property taxation. 22 23 2. That this exemption is contingent on the following: 24 (a) continued use of the property by the Military Aviation Museum for 25 exhibition or display to the general public or otherwise use for educational 26 purposes; 27 (b) that each July 1, the Military Aviation Museum shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income 29 tax return, or if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 (c) that every three years, in accordance with State law, beginning on 32 January 1, 2017, the Virginia Aviation Museum shall file an exemption 33 application with the Commissioner of the Revenue as a requirement for 34 retention of the exempt status of the property; and 35 (d) that the Virginia Aviation Museum cooperate fully with the Commissioner 36 of the Revenue with respect to compliance with the terms of this 37 ordinance. 38 39 3. That the effective date of this ordinance shall be July 1, 2014. 40 41 4. The City Manager is directed to reduce revenues and expenditures in the 42 FY2014-15 Operating Budget to reflect the exemption provided herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of July , 2014. APP : • -I AS TO LEGAL SUFFICIENCY: CA13001 R-2 May 1, 2014 Item -VII-J.4 ORDINANCES/RESOLUTIONS -35- ITEM #63981 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE 3105 Newbern Lane as blighted and a nuisance; ADOPT a plan to abate same; and, TRANSFER $120,000 to the Housing and Neighborhood Preservation FY 2014-15 Operating Budget for this abatement Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 1 AN ORDINANCE DECLARING THE PROPERTY AT 3105 2 NEWBERN LANE BLIGHTED AND A NUISANCE, 3 ADOPTING A PLAN TO ABATE THE NUISANCE AND 4 BLIGHT, AND TRANSFERING $120,000 FROM RESERVE 5 FOR CONTINGENCIES TO THE FY 2014-2015 6 OPERATING BUDGET OF THE DEPARTMENT OF 7 HOUSING AND NEIGHBORHOOD PRESERVATION 8 9 WHEREAS, property located at 3105 Newbern Lane (the "Property"), in the City 10 of Virginia Beach contains a single-family dwelling (the "Dwelling") and a bulkhead (the 11 "Bulkhead"); and 12 13 WHEREAS, the Property has been the subject of numerous Property 14 Maintenance Code violation notices, and the owner thereof has failed to remedy such 15 violations or to maintain the Property; and 16 17 WHEREAS, the Property has been determined to be unsafe and unfit for human 18 habitation since July 2005; and 19 20 WHEREAS, the Property constitutes a "blighted property" within the meaning of 21 Virginia Code Section 36-3; and 22 23 WHEREAS, the Department of Housing and Neighborhood Preservation, as the 24 designee of the City Manager, has made a preliminary determination that the Property 25 is blighted and has notified the owner by letter dated April 3, 2014 of such determination 26 and the reasons therefor, to -wit: 27 28 1. The Dwelling has been boarded and vacant for over seventeen (17) 29 years; 30 31 2. The Property has been the subject of forty (40) code enforcement 32 notices of violation; 33 34 3. The Property is in poor and condition and the Bulkhead has failed 35 so that the rear yard is eroding into the Lynnhaven River. The 36 Property is an eyesore to the neighborhood. The property owner 37 consistently fails to maintain the Property despite several court 38 hearings and court imposed jail time; and 39 40 4. The owner owes $1854.17 (as of May 28, 2014) to the Department 41 of Housing and Neighborhood Preservation for repeated 42 contractual abatement processes; and 43 44 WHEREAS, the Owner of the Property has failed to cure the blight or present a 45 reasonable plan to do so; and 46 47 WHEREAS, the Department of Housing and Neighborhood Preservation has 48 presented a plan for the repair or other disposition of the Property, to -wit: that it should 49 be declared blighted and a nuisance, that the Dwelling should be demolished, and the 50 Bulkhead should be repaired or replaced; 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 53 OF VIRGINIA BEACH, VIRGINIA: 54 55 1. That the Property located at 3105 Newbern Lane is declared to be a 56 blighted property, in that it endangers the public's health, safety and welfare because it 57 is dilapidated, deteriorated and violates minimum health and safety standards, in 58 accordance with Virginia Code Section 36-49.1:1; 59 60 2. That the Property is hereby declared to be a nuisance and, in accordance 61 with the plan presented by the Department of Housing and Neighborhood Preservation, 62 the Dwelling shall be demolished and the Bulkhead repaired or replaced; 63 64 3. That the cost of such demolition shall be a lien on the Property, bearing 65 interest at a rate of six (6) percent per annum; and 66 67 4. That $120,000 is hereby transferred from Reserve for Contingencies to 68 the FY2014-2015 Operating Budget of the Department of Housing and Neighborhood 69 Preservation. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 72 of July , 2014. APPROVEDtAS TO CONTENT: APPROVED AS TO CONTENT: Depart -nt'• Housing and Department of Management Se ices Neighborho6d Preservation 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA13022 R-1 June 5, 2014 3 Item -VII-J.5 ORDINANCES/RESOLUTIONS -36- ILEI #63982 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to APPOINT Amanda Burke to Associate City Attorney Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 1 A RESOLUTION APPOINTING AMANDA BURKS TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Amanda Burks is hereby appointed to the 8 position of Associate City Attorney, effective July 22, 2014. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of 11 July , 2014. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Offic CA 13042 R-1 June 9, 2014 Item -VII-K PLANNING 1. CITY OF VIRGINIA BEACH -37- ITEM #63983 July 1, 2014 -38- Item -VII-K PLANNING ITEM #63984 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1 a/b/c/d of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 -39 - Item -VII-K.la PLANNING ITEM #63985 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: a. AMEND Sections 3.2 and 8.1 of the Subdivision Regulations re preliminary plats and fees for final plats Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 1 AN ORDINANCE TO AMEND SECTIONS 3.2 2 AND 8.1 OF THE SUBDIVISION 3 REGULATIONS (APPENDIX B) PERTAINING 4 TO PRELIMINARY PLATS AND FEES FOR 5 FINAL PLATS 6 7 Sections Amended: Subdivision Regulations §§ 3.2 and 8.1 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 3.2 and 8.1 of the Subdivision Regulations are hereby amended 16 and reordained to read as follows: 17 18 Sec. 3.2. Procedure for conditional preliminary plat approval. 19 20 (a) The subdivider shall cause to be prepared a preliminary plat with other material 21 required as set forth in section 6, and shall submit such number of copies as the 22 planning director shall require thereof to the planning director for processing and referral 23 to affected agencies, together with an application for approval and such fee as is 24 established by city council in relation to processing subdivision plats for plats involving 25 more than fifty (50) lots. The subdivider may prepare a preliminary plat, as described 26 above, for plats involving fifty (50) lots or less. Time limitations in relation to such 27 processing shall begin as of date of receipt of the preliminary plat, application and fee 28 as indicated on such documents when they are received by the planning director. 29 30 31 32 Sec. 8.1. Plat fees. 33 34 .... 35 36 (c) At the time of final subdivision plats are submitted, the following fees shall be due 37 and payable from the effective date of this ordinance [July 1, 1999 July 1, 20141: 38 39 a Residential two (2) lot plats: Three hundred thirty-six dollars ($336.00), if 40 not submitted as a preliminary plat. 41 42 ) Residential three (3) to five (5) lot plats: Eight hundred forty dollars 43 ($840.00) plus one hundred sixty-eight dollars ($168.00) per lot, if not 44 submitted as a preliminary plat. 45 46 Residential six (6) to fifty (50) lot plats: One thousand one hundred eighty 47 eight dollars ($1,188.00) plus seven dollars ($7.00) per lot after the first 48 five (5) lots, if not submitted as a preliminary plat. 49 50 (-1-)4. Residential six (6) or more lot plans: Five hundred ninety-four dollars 51 ($594.00) plus eight dollars ($8.00) per lot after the first five (5) Tots, if 52 submitted as a preliminary plat. 53 54 ) Nonresidential plats: One thousand one hundred eighty-two dollars 55 ($1,182.00) plus fifty-one dollars ($51.00) per lot, if not submitted as a 56 preliminary plat. 57 58 (2)n Nonresidential plats: Five hundred eighty-two dollars ($582.00) plus fifty 59 four dollars ($54.00) per lot, if submitted as a preliminary plat. 60 61 COMMENT 62 63 House Bill 209 limits the requirement for preliminary plats to those which subdivide more 64 than 50 lots. A developer may still submit a preliminary plat, but one is only required with more 65 than fifty lots. 66 67 The fee revisions are necessary because fees were mainly collected with the preliminary 68 plat. Final plats fees were added in the same amount as preliminary plat fees for 2 to 5 lots, if no 69 preliminary plat was submitted. Final plat fees were also added for 6 to 50 lots, again in the same 70 amount as the preliminary plat fee, if no preliminary plat was submitted. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of July ,2014. APPROVED AS TO CONTENT: CA13005 R-3 May 2, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attor- Office 2 Item 9 City of Virginia Beach An Ordinance to Amend Sections 3.2 and 8.1 of the Subdivision Regulations (Appendix B) Pertaining to Preliminary Plats and Fees for Final Plats. June 11, 2014 CONSENT House Bill 209 of the past session of the General Assembly limits the requirement for preliminary subdivision plats to those that subdivide more than 50 Tots. A developer may still submit a preliminary plat, but a preliminary plat is only required if there are more than fifty Tots. The proposed fee revisions are necessary because fees were mainly being collected with the preliminary plat. Final plats fees were added in the same amount as preliminary plat fees for two to five Tots, if no preliminary plat was submitted. Final plat fees were also added for 6 to 50 Tots, again in the same amount as the preliminary plat fee, if no preliminary plat was submitted. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 9. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 9 for consent. Bill Macali appeared before the Commission behalf of the City. -40 - Item -VII-K.lb PLANNING ITEM #63986 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: b. AMEND Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance re living shoreline projects as authorized use and credit for In -Lieu fees Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 1 AN ORDINANCE TO AMEND SECTIONS 2 1402 AND 1408.1 OF THE WETLANDS 3 ZONING ORDINANCE (CITY ZONING 4 ORDINANCE) PERTAINING TO LIVING 5 SHORELINE PROJECTS UNDER A 6 GENERAL PERMIT AS AN AUTHORIZED 7 USE AND CREDIT FOR IN -LIEU FEES 8 9 Sections Amended: Wetlands Zoning Ordinance §§ 1402 & 1408.1 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 Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance are hereby 18 amended and reordained to read as follows: 19 20 Sec. 1402. Uses. 21 22 The following uses of and activities in wetlands are authorized, if otherwise 23 permitted by law: 24 25 (a) The construction and maintenance of noncommercial catwalks, piers, 26 boathouses, boat shelters, fences, duckblinds, wildlife management 27 shelters, footbridges, observation decks and shelters and other similar 28 structures; provided that such structures are so constructed on pilings as 29 to permit the reasonably unobstructed flow of the tide and preserve the 30 natural contour of the wetlands; 31 32 33 34 al The construction of living shoreline projects authorized pursuant to a 35 general permit developed under Va. Code § 28.2-104.1B. 36 37 38 39 40 41 42 COMMENT 43 44 House Bill 911 exempts living shoreline projects from the Wetlands Act if constructed 45 under the general permit issued for such activities. 46 47 Sec. 1408.1. Standards for use and development of wetlands. 48 49 (a) The following standards shall apply to the use and development of 50 wetlands and shall be considered by the Board in the determination of whether any 51 permit required by this article should be granted or denied: 52 .... 53 54 (d) Where an agreed-upon permit condition requires the contribution of in -lieu 55 fees to offset permitted wetland losses, the Wetlands Board shall credit the applicant for 56 any in -lieu fee payments made to the Virginia Aquatic Resources Trust Fund or another 57 dedicated wetlands restoration fund with reference to the same activity. 58 59 60 61 House Bill 572 allows a Wetlands applicant to apply credit for in -lieu fees paid to the 62 Virginia Aquatic Resources Trust Fund to any required local in -lieu fees imposed by the Wetlands 63 Board. COMMENT 64 65 66 of July , 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 st day APPROVED AS TO CONTENT: CA13006 R-1 April 25, 2014 APPROVED AS TO LEGAL SUFFICIE CY: City Attorney's Office 2 Items #10 & #11 City of Virginia Beach 10. An Ordinance to Amend Sections1402 and 1408.1 of the Wetlands Zoning Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects Under a General Permit as an Authorized Use and Credit for In -Lieu Fees. 11. An Ordinance to Amend Section1602 of the Coastal Primary Sand Dune Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects under a General Permit as an Authorized Use. June 11, 2014 CONSENT House Bill 572 allows a Wetlands applicant to apply credit for in -lieu fees paid to the Virginia Aquatic Resources Trust Fund to any required local in -lieu fees imposed by the Wetlands Board. House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if constructed under the general permit issued for such activities. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve items 10 & 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved items 10 & 11 for consent. Bill Macali appeared before the Commission on behalf of the City. -41- Item -VII-K lc PLANNING ITEM #63987 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: c. AMEND Section 1602 of the Coastal Primary Sand Dune Ordinance re living shoreline projects under a General Permit as an authorized use Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 II 1 AN ORDINANCE TO AMEND SECTION 1602 2 OF THE COASTAL PRIMARY SAND DUNE 3 ZONING ORDINANCE (CITY ZONING 4 ORDINANCE) PERTAINING TO LIVING 5 SHORELINE PROJECTS UNDER A 6 GENERAL PERMIT AS AN AUTHORIZED 7 USE 8 9 Section Amended: Coastal Primary Sand Dune Ordinance § 1602 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 1602 of the Coastal Primary Sand Dune Ordinance is hereby 18 amended and reordained to read as follows: 19 20 Sec. 1602. Uses. 21 22 The following uses of and activities in dunes are authorized, if otherwise 23 permitted by law: 24 25 (a) The construction and maintenance of noncommercial walkways which do 26 not alter the contour of the coastal primary sand dune; 27 28 .... 29 30 (m) The construction of living shoreline projects authorized pursuant to a 31 general permit developed under Va. Code § 28.2-104.1B. 32 33 .... 34 35 COMMENT 36 37 House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if 38 constructed under the general permit issued for such activities. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of July , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning D Aartment CA12993 R-1 April 29, 2014 City Attorney's Office 2 Items #10 & #11 City of Virginia Beach 10. An Ordinance to Amend Sections1402 and 1408.1 of the Wetlands Zoning Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects Under a General Permit as an Authorized Use and Credit for In -Lieu Fees. 11. An Ordinance to Amend Section1602 of the Coastal Primary Sand Dune Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects under a General Permit as an Authorized Use. June 11, 2014 CONSENT House BiII 572 allows a Wetlands applicant to apply credit for in -lieu fees paid to the Virginia Aquatic Resources Trust Fund to any required local in -lieu fees imposed by the Wetlands Board. House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if constructed under the general permit issued for such activities. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve items 10 & 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved items 10 & 11 for consent. BiII Macali appeared before the Commission on behalf of the City. -42 - Item -VII-KId PLANNING ITEM #63988 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: d. AMEND Section 111 re definition of "Family" Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 I 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 "FAMILY" 5 6 Section Amended: City Zoning Ordinance § 111 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 111 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 111. Definitions 18 19 . 20 21 Family. A "family" is: 22 23 (a) An individual living alone in a dwelling unit; or 24 25 (b) Any of the following groups of persons, living together and sharing living 26 areas in a dwelling unit: 27 28 (1) Two (2) or more persons related by blood, marriage, adoption, or 29 approved foster care; 30 31 (2) A group of not more than four (4) persons (including servants) who 32 need not be related by blood, marriage, adoption or approved foster 33 care; 34 35 (3) 36 37 38 39 40 A group of not more than eight (8) persons with mental illness, intellectual disability or developmental disabilities residing with one (1) or more resident counselors or other or nonresident staff persons in a facility whose licensing authority is the Department of Behavioral Health and Developmental Services; provided, that 41 mental illness and developmental disability shall not include current 42 illegal use of or addiction to a controlled substance as defined in 43 section 54.1-3401 of the Code of Virginia; 44 45 (4) A group of not more than eight (8) aged, infirm or disabled persons 46 residing with one (1) or more resident counselors or other staff 47 persons in a residential facility or assisted living facility for which 48 the Virginia Department of Social Services is the licensing authority; 49 or 50 51 (5) A group of not more than two (2) adults, who need not be related by 52 blood or marriage, and the dependent children of each of the two 53 (2) adults, provided that the children are under nineteen (19) years 54 of age or are physically or developmentally disabled. 55 56 57 58 COMMENT 59 60 House Bill 527 broadens the definition of "Family" to allow groups of 8 or less individuals 61 with mental illness, intellectual disabilities or developmental disability to be treated as a family, 62 even if the staff persons are not counselors or do not reside in the home. 63 64 Clarification is also provided that the licensing authority is the Department of Behavioral 65 Health and Developmental Services. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 st day of July , 2014. APPROVED AS TO CONTENT: Planningepartment , CA13007 R-1 April 25, 2014 APPROVED AS TO LEGAL SUFFICIENSY: City Attorney's Office 2 I Item #12 City of Virginia Beach An Ordinance to Amend Section 111 of the City Zoning Ordinance Pertaining to the Definition of "Family." June 11, 2014 CONSENT House Bill 527 broadens the definition of "Family" to allow groups of eight or Tess individuals with mental illness, intellectual disabilities, or developmental disability to be treated as a family, even if the staff persons are not counselors or do not reside in the home. Clarification is also provided that the licensing authority is the Department of Behavioral Health and Developmental Services. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 12 for consent. Bill Macali appeared before the Commission on behalf of the City. -43 - ITEM V -K APPOINTMENTS ITEM #63989 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: MICHAEL H. LEVINSON Four year term 09/01/2014 — 08/31/2018 DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 -44 - ITEM VII -L APPOINTMENTS ITEM #63990 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: R. STEVEN HERBERT Unexpired term thru 02/28/2015 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 -45 - ITEM VII -L APPOINTMENTS ITEM #63991 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CINDY HAWK WHITE - ALTERNATE Five year term 07/01/2014 — 09/30/2019 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John D. Moss July 1, 2014 -46 - Item -VII-O ADJOURNMENT ITEM #63992 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:43 P.M. A ik AA, Finley -Barnes, CMC ief Deputy City Clerk th Hodges raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia July 1, 2014