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HomeMy WebLinkAboutFEBRUARY 16, 2016 MINUTES ' I I
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 16, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing in the City Council
Conference Room, Tuesday, February 16, 2016, at 4:30 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Shannon DS Kane Delayed—Chesapeake business meeting
2
ADDED ITEM
ITEM#65659
4:30 P.M.
City Manager David L. Hansen advised, during the Mayor's "State of the City" address, the Mayor
personally paid for the artist to create a drawing of a Visionary Representation entailing "Connectivity"
of the speech. The artist did a fantastic job and Mayor Sessoms thanked Julie Hill, Director—Media and
Communications, for the idea. The art will be hung in the City Manager's Office and is a good
representation of the City's Vision.
February 16, 2016
3
CITY MANAGER'S BRIEFINGS
THALIA CREEK GREEN WAYPROJECT
ITEM#65660
4:32 P.M.
Mayor Sessoms welcomed Phil D. Pullen, Transportation — Public Works. Mr. Pullen expressed his
appreciation to City Council for their continued support and advised today's Presentation is a brief
overview of the Thalia Creek Greenway project:
Thalia Creek Greenway Project
City Council Update
February 16,2016
‘Silk)Public Works BParks&Recreation
To date, the City has received approximately$600,000 for this project. Today, City Council will consider
the receipt of a$1-Million Grant. Below is the Planning History regarding this project:
•
February 16, 2016
I II
4
CITY MANAGER'S BRIEFINGS
THALIA CREEK GREEN WAYPROJECT
ITEM#65660
(Continued)
Below is the 2007 Thalia Creek Greenway Master Plan. The Trail extends from Independence Blvd to
Constitution Drive and onto Virginia Beach Boulevard, then South crossing Bonney Road to 1-264 and
possibly a future crossing of 1-264. The Trail is a combination of at-grade asphalt paths and elevated
boardwalks:
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The current focus is on the portion of the Trail from Independence Boulevard to Constitution Drive,
shown below as Phases 1, 2 and 3. Phase 1 extends from Constitution Drive West to the end of the Mid-
Town Apartments which has been constructed. Phase 2 extends from there to Bonney Road and Phase 3
connects to Phase 2 and extends to Independence Blvd:
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February 16, 2016
5
CITYCRM '
THALL4 EEKANAGERGREENS WAYPROJECTBRIEFINGS
ITEM#65660
(Continued)
Phase 1 was constructed in two (2) segments in 2008 and 2012 by the Developer of the Midtown
Apartments, Ripley-Heatwole. The first segment was 600 linear feet of 8' wide asphalt Trail, as shown
below:
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February 16, 2016
I II
6
CITY MANAGER'S BRIEFINGS
THALIA CREEK GREENWAY PROJECT
ITEM#65660
(Continued)
In 2012, Ripley-Heatwole constructed the next segment of Phase 1. This consisted of 450 linear feet of
raised boardwalk, extending from Constitution Bridge. This segment was funded with the remaining
funds from the Cost-Participation Bridge project, with Ripley-Heatwole:
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February 16, 2016
u
7
CITY MANAGER'S BRIEFINGS
THALIA CREEK GREEN WAYPROJECT
ITEM#65660
(Continued)
In 2014, the City received a Grant of$640,000 from the Transportation Alternatives Program (TAP)for
Phase 2. The design is complete and was scheduled to begin construction in December 2015; however,
the City was unable to acquire the property needed from Ripley-Heatwole. The City has a deadline to
expend the Grant funds this Fall. The recommendation is to divide Phase 2 into two (2)segments, 2A and
2B, as shown below. Phase 2A will be constructed by the Fall with Phase 2B deferred until such time the
City can acquire the property:
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Once Phase 2A is constructed, it can be connected with the proposed Phase 3 to complete a useful
segment of the Trail extending from Bonney Road to Independence Boulevard. VDOT has approved this
concept and is allowing the City to transfer the remaining portion of the $640,000 Grant to Phase 3. In
FY2016, the City received $1-Million of TAP funding for Phase 3 and this is on the Agenda for
consideration today:
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"Phasing_
Grants za
February 16, 2016
8
CITY MANAGER'S BRIEFINGS
THALLA CREEK GREENWAY PROJECT
ITEM#65660
(Continued)
Below, the first table shows the funding with phase 2 not split out. The second table shows the split with
2A and 2B. The key is VDOT allowing the City to transfer the unused Grant funding from Phase 2 to
Phase 3:
CIP Phases TAP Funds Local Match Other Local Total
4-522 2 $640,000 $160,000 $528,527"'$1328527 ,i3
4-079 3 $ o II II"0 $ lat "$ =ra $ 7• 000
Totals MEI $1,640,000 $410,000 $2,043,527 $4,093,527
�, YT7w+4117:7-3'0:00 pro,.tr.t.t
406Restid
CIP Phases TAP funds Local Match Other Local Total
4-522 2A s $105,327 $26,332 $0 $131,659 ti'...'�
4-522 2B TBD TBD - TBD - TOD 'uG'
$1000,000 $250,460
4-079 3 $,846,659 $2,765,090
Totals $1,640,000 $410,000 $846,659 $2,896,659
Grarits � a<
Below are the proposed schedules for Phase 2A and Phase 3:
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February 16, 2016
9
CITY MANAGER'S BRIEFINGS
THALL4 CREEK GREENWAY PROJECT
ITEM#65660
(Continued)
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Mayor Sessoms thanked Mr. Pullen and the entire Team for the update and work on this project.
February 16, 2016
10
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65661
4:40 P.M.
Mayor Sessoms welcomed Barry Frankenfield, Director — Planning. Mr. Frankenfield expressed his
appreciation to City Council for their continued support. Mr. Frankenfield presented the attached
Briefing, which is made a part of this record.
There are eight(8) items to be considered by City Council on March .1st:
Stephen and Aden Murray—Bayside District
Steve's Mobile Truck Repair—Bayside District
Charles and Bonnie K. Doman—Beach District
Amy R. Slagle—Beach District
Virginia Beach Development Corporation—Kempsville District
Robert J. lanucci—Lynnhaven District
McDonald Garden Market,LLC—Lynnhaven District
Headgear II,LLC and GHS II,LLC—Rose Hall District
There are two (2) items to be considered by City Council on March 15th:
Cullipher Farm—Lynnhaven District
Margaret Bain—Princess Anne District
Mayor Sessoms thanked Mr. Frankenfield and the entire Team for their continued work.
February 16, 2016
4
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12
CITY COUNCIL COMMENTS
ITEM#65663
(Continued)
Councilman Uhrin advised he attended the Lynnhaven River Now Reception last week and they
announced 132 additional acres have been opened in the Lynnhaven River for oyster shell fishing.
February 16, 2016
I II
13
CITY COUNCIL COMMENTS
ITEM#65664
(Continued)
Councilman Davenport advised during the Retreat he advised he was going to bring an Ordinance
prohibiting the sale of puppies from a `puppy mill". He is working with the City Attorney's office to
drafi a proposed Ordinance.
February 16, 2016
14
CITY COUNCIL COMMENTS
ITEM#65665
(Continued)
Councilman Moss advised he noticed a number of City documents referencing partial results or priorities
coming out of the Master Transportation study being conducted by ODU; however, he has never seen the
final report of the Study. He requested a copy of the final report. Mr. Moss advised it is difficult to
respond to questions from the citizens without a copy of the report. He just wishes to be as informed as
the citizens. Mr. Moss also stated he hoped the presentation would be interactive.
City Manager Hansen advised he has not seen the presentation; however, he feels sure they will buffer
portions of the presentation to show examples.
February 16, 2016
15
AGENDA REVIEW SESSION
ITEM#65666
5:02 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
L ORDINANCES
1. Ordinances to TRANSFER and APPROPRIATE::
a. $1-Million Grant from the Virginia Department of Transportation (VDOT) re
TAP revenue for Thalia Creek Greenway Phase I
b. $282,632 reimbursement from the Virginia Department of Agriculture re a
preservation easement at 1619 Muddy Creek Road
c. $207,500 from Insurance Recovery re repair of the Pungo Ferry Bridge
d. $152,100 from the Federal and State Seized Assets Fund to Police
e. $ 50,000 to the City Clerk's Office to offset expenses to be incurred by the
Sister Cities Association of Virginia Beach re the 2017 Sister Cities
International Conference in Virginia Beach
f $10,200 from the Developmental Services Gift Fund re SkillQuest program
•
MAYOR SESSOMS WILL ABSTAIN ON ITEM#le
February 16, 2016
I II i
16
AGENDA REVIEW SESSION
ITEM#65666
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. MARK and CYNTHIA SUMMS for Modification of a Conditional Use Permit to
expand a Bulk Storage (approved May 12, 1998) at 2616 Quality Court DISTRICT 6
—BEACH
2. OCEANFRONT INVESTMENTS, LLC re Subdivision Variance to Section 4.4(d)
of the Subdivision Regulations for a hotel complex at 4201 Atlantic Avenue
DISTRICT 6—BEACH
3. MICHAEL BINETTI re Subdivision Variance to Section 4.4(d) of the Subdivision
Regulations for direct public access at 2929 Riddick Lane DISTRICT 7 —
PRINCESS ANNE
4. WILLIAM H. JOHNSON re Subdivision Variance to Section 4.4(d) of the
Subdivision Regulations for direct public access at Riddick Lane DISTRICT 7 —
PRINCESS ANNE
5. DISCOUNT TIRES OF VIRGINIA, INC. and LOTSALISA, LLC for a
Conditional Use Permit re auto repair at1600 General Booth Boulevard DISTRICT
7—PRINCESS ANNE
6. DISCOUNT TIRES OF VIRGINIA, INC. and HOLLAND CENTURY
ASSOCIATES, LLP for a Conditional Use Permit re auto repair at 3949 Holland
Road DISTRICT 3—ROSE HALL
7. TAKE 5 OIL CHANGE, LLC and LYNN PLAZA INVESTMENTS, LLC for a
Conditional Use Permit re oil changes at 845 Lynnhaven Parkway DISTRICT 3 —
ROSE HALL
ITEM#2 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM#2
COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#2
COUNCIL LADY WILSON FILED DISCLSOURE FOR ON ITEM#2
MAYOR SESSOMS WILL ABSTAIN ON ITEM#3
February 16, 2016
17
ITEM#65667
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:
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).
• Princess Anne District
• Princess Anne District
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
February 16, 2016
II I
18
ITEM#65667
(Continued)
Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council voted to proceed into
CLOSED SESSION at 5:05 P.M.
Voting.• 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
(Closed Session 5:05 P.M. - 5:25 P.M.)
February 16, 2016
19
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 16, 2016
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, February 16, 2016, at 6:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Edward Martin, Pastor
Francis Asbury United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank 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 TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. 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 idents 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
January 13, 2015, is hereby made a part of the record.
February 16, 2016
II
20
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
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 Berkshire
Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway 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 identing 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 January 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly
review each City Council agenda to identi any matters in which she might have an actual or potential
conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
February 16, 2016
21
Mayor Sessoms welcomed Boy Scout Troop 791 —Sponsored by Nimmo Church. He also recognized and
thanked the Leaders:Neil Smith and Mary Sumrell.
February 16, 2016
II
22
Item—V-E
CERTIFICATION
ITEM#65668
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, 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:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
1
G
p �'-� =
s ,
++ `u
J 4 OUR�N^.`°
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#65667 Page 18 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.
2 -arm!Au. ' _-.__
th Hodges Fraser,MMC
City Clerk February 16, 2016
23
Item-V-F
MINUTES ITEM#65669
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS February 2, 2016.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
24
ADOPT AGENDA
FOR FORMAL SESSION ITEM#65670
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 16, 2016
25
Item- V-H
MAYOR'S PRESENTATION
ITEM#65671
PROCLAMATION— "EARTH HOUR"
March 19, 2016, 8:30—9:30 P.M.
Mayor Sessoms declared March 19, 2016, from 8:30 — 9:30 P.M., "Earth Hour in Virginia Beach,
Virginia". The City will participate in this event by switching off nonessential lights in City facilities and
at City locations that in no matter will compromise public safety or security. Mayor Sessoms encouraged
all citizens to participate in the Earth Hour event to give the incentive and encourage individuals,
businesses and our local government to take accountability for their ecological footprint and to engage in
dialogue and resource exchange that provides real solutions to our energy and environmental challenges.
February 16, 2016
1 II
0141A,BEq
(0-14-' L
4citz'a I
Yf� hz
°F 01.44 NICO°S
PROCLAMATION
w3fEREAS: A sustainable City with a high quality of life that meets the social anti econo,nic needs
of its current andfuture citizens, employees,visitors,and business community,while
maintaining and improving the quality of its natural environment is important to
-Virginia Beach's citizens, economy, andfuture;
I'►V3fEREAS: The City of`Virginia Beach is committed to protecting the health and welfare of its
current andfuture citizens, employees,visitors, and business community, and
preserving the environment through the responsible management of resources and
sound environmentalpractices'
WHEREAS: The City of-Virginia Beach is committed to actively engaging the community to
promote and encourage environmentalsustainability efforts;
-WHEREAS: The City of"Virginia Beach is committed to pursuing the adoption of appropriate green
building practices for municipal-buildings through its adoption of administrative
directives and membership in the'United States Green Building Council('USGBC)which
administers the Leadership in Environmental and-Energy Design(LEED)certification
program;
WHEREAS: The City of-Virginia Beach has created a committee of internal and community
stakeholders in order to promote, implement, oversee,recommend and track
sustainable practices known as the Sustainability Task Force;
WHEREAS: The City of-Virginia Beach has created a committee of internaCagencies andpubCic
utility stakeholders in order to promote, implement, oversee,recommend and track
new energy saving practices known as the Joint Energy Committee;
WHEREAS: The.mayor's Alternative Energy Task Force is actively involved in pursuing initiatives
that will-help the City promote and showcase alternative means of energy production,
research and development in the City;
W.fEREAS: The City of-Virginia Beach adopted"A Community Plan for a Sustainable Future"on
.March 12,2013, and is actively engaged in implementing its recommendations;
WHEREAS: The City of-Virginia Beach is implementing energy andwater conservation measures
through an Energy Service Contract and other conservation initiatives;
-WHEREAS:S: Tjie City of-Virginia Beach has been a participant in the-Virginia.MunicipaCLeague
(WIC)Green Government Challenge since its inception, and is recognized as a
Platinum Level "certified'Green Government;
WHEREAS: The City of-Virginia Beach is actively reducing carbon emissions and improving air
quality through the use of hybridvehicles and other clean technologies, as well as
implementation of an Anti-Idling Policy for City employees,a Complete Streets Policy,
and its'Urban Forest.Management Plan;
WHEREAS: The City of Sydney,Australia,initiated Earth 3-four on March 31,2007 as a means to
show support for environmentalprotection and energy conservation by symbolically
switching off nonessential lights for one hour as a means to help facilitate sustainable
behaviors and actions;
WHEREAS: Over 7,000 communities in i62 countries around the globe participated in Earth 3-Cour
in 2014;and over 7,000 communities in 172 countries participated in Earth 3-Cour in
2015;
WHEREAS: The City of Virginia Beach has been a participant in Earth 3-Cour since 2014;
WHEREAS: March 19,2016 between the hours of 8:30 and 9:30 PM in Coca(time zones around the
world has been designated as the eighth annuaC Earth 3-four;
WHEREAS: Earth 3-four as a symbolic time for communities around the-world-to showcase local
leadzrship and cerebrate commitment to help develop solutions resulting in
environmentalprotection and energy conservation;
WHEREAS: The City of Virginia Beach willparticipate in this event by switching off nonessential
Lights in City facilities and at City locations from 8:3o to 9:3o PM that in no manner
compromise public safety or security;
WHEREAS: The City of-Virginia Beach hereby encourages individuals,families,groups and
businesses in the City to also participate in the Earth 3-Cour event on March 19 between
the hours of 8:30 and 9:30 PM;
'WHEREAS: The City of Virginia Beach hopes that participation in the Earth 3-Cour event will be
more than symbolic, and help serve as an incentive to encourage individuals,businesses
and our Cocalgavernment to take accountability for their ecologicalfootprint and to
engage in dialogue and resource exchange that provides rearsoCutions to our energy
and environmental chaffenges.
Naw,Therefore,I, William D. Sessoms,Jr.,Mayor of the City of-Virginia Beach,"Virginia, do hereby
Proclaim:
March 19, 2016 from 8:30 to 9:3o TN
Earth 3-four in 'Virginia Beach, 'Virginia
In"Witness"Whereof,I have hereunto set my hand and caused the Official-Seal-of the City of"Virginia
Beach,'Virginia, to be affixed this 191'"Day of March, Two Thousand Sixteen.
fit/1440L44. --
'William D. Sessoms,Jr.
.'Mayor
26
Item- V-I
ORDINANCES
ITEM#65672
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Agenda Items 1 a/b/c/d/e(MAYOR ABSTAIN)/f.
Voting: 11-0
Council Members Voting Aye.
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
27
Item-V-L l a
ORDINANCES
ITEM#65673
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER and APPROPRIATE:
a. $1-Million Grant from the Virginia Department of Transportation
(VDOT) re TAP revenue for Thalia Creek Greenway Phase I
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
i II
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDING FROM THE VIRGINIA DEPARTMENT
3 OF TRANSPORTATION'S (VDOT's) TRANSPORTATION
4 ALTERNATIVES PROGRAM (TAP) REVENUE TO CIP # 4-
5 079 THALIA CREEK GREENWAY PHASE I
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Capital Project #4-079 Thalia Creek Greenway Phase I is hereby increased
11 by $1,000,000 in Federal Revenue from the Virginia Department of Transportations
12 (VDOT's) Transportation Alternatives Program (TAP).
13 16th
14 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
15 February 2016.
16
17 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
)) ' f
Budget and Management Se ices City Attorney's Office
CA13563
R-1
February 2, 2016
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IRGINIA BEACH :LVD C
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28
Item-V-I.1
ORDINANCES
ITEM#65674
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER and APPROPRIATE:
b. $282,632 reimbursement from the Virginia Department of Agriculture
re a preservation easement at 1619 Muddy Creek Road
Voting.: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
i I i
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $282,632 FROM THE VIRGINIA DEPARTMENT OF
3 AGRICULTURE AND CONSUMER SERVICES TO
4 REIMBURSE THE CITY FOR A PORTION OF THE COST
5 TO ACQUIRE A PRESERVATION EASEMENT
6
7 WHEREAS, as a result of the Intergovernmental Agreements authorized by City
8 Council on March 11, 2014 and February 24, 2015, the Virginia Department of
9 Agriculture and Consumer Services (VDACS) approved reimbursements totaling
10 $282,632 for a portion of costs the City incurred in purchasing the agricultural
11 preservation easement for the Burroughs Family Revocable Trust property.
12
13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That $282,632 is hereby accepted from the Virginia Department of Agriculture
17 and Consumer Services and appropriated, with estimated state revenues increased
18 accordingly, to the FY 2015-16 Operating Budget in the Agriculture Reserve Program
19 Special Revenue Fund to reimburse the City for a portion of the cost to acquire a
20 preservation easement.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of February , 2016.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
cnfjl 'cr `
Budget and Management Serv.ces City Attorney's Office
CA13565
R-1
February 2, 2016
29
Item-V-L lc
ORDINANCES
ITEM#65675
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER and APPROPRIATE:
c. $207,500 from Insurance Recovery re repair of the Pungo Ferry
Bridge
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
� I
1 AN ORDINANCE TO APPROPRIATE $207,500 IN
2 INSURANCE RECOVERY REVENUE TO CIP PROJECT
3 #2-022 MAJOR BRIDGE REHABILITATION II
4
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $207,500 in Insurance Recovery revenue is estimated and appropriated to
10 CIP #2-022 Major Bridge Rehabilitation II.
11
12 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of
13 February 2016.
14
15 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management S- ices City Attorney's Offic=a
CA13564
R-1
February 2, 2016
30
Item-V-Lld
ORDINANCES
ITEM#65676
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER and APPROPRIATE:
d 152,100 from the Federal and State Seized Assets Fund to Police
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL
3 REVENUE FUND TO PURCHASE EQUIPMENT, SERVICES
4 AND CANINES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $152,100 is hereby appropriated from the Fund Balance of the Federal/State
10 Seized Assets Special Revenue Fund, with Fund Balance increased accordingly, to the FY
11 2015-16 Police Department Operating Budget for priority equipment, services and canines.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of February 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
2-/ ---VA) ,Vv\o-avYt1
Budget and_Managementibervices City Attorney's Office
CA13567
R-2
February 5, 2016
I I I I
31
Item-V-Lle
ORDINANCES
ITEM#65677
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER and APPROPRIATE:
e. $ 50,000 to the City Clerk's Office to offset expenses to be incurred by
the Sister Cities Association of Virginia Beach re the 2017 Sister
Cities International Conference in Virginia Beach
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
None
February 16, 2016
1 AN ORDINANCE TO TRANSFER $50,000 FROM THE
2 RESERVE FOR CONTINGENCIES TO THE CITY CLERK'S
3 OFFICE FOR A DONATION TO THE SISTER CITIES
4 ASSOCIATION OF VIRGINIA BEACH TO OFFSET COSTS
5 ASSOCIATED WITH THE SISTER CITIES INTERNATIONAL
6 CONFERENCE BEING HELD IN VIRGINIA BEACH
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That $50,000 is hereby transferred from the Reserve for Contingencies to the FY
12 2015-16 Operating Budget of the City Clerk's Office to donate to Sister Cities Association
13 of Virginia Beach to offset the expenses of hosting 1,500 attendees from around the world
14 during the Sister Cities Annual International Conference in Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of February 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B '7L.,)0
Budget and Management Se ices e 's Office
CA13568
R-2
February 5, 2016
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VBgov.com
WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
wsessoms@vbgov.com
In Reply Refer to 0057276
February 16, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
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 an ordinance to transfer $50,000 to the City Clerk's Office for a donation to the
Sister Cities Association of Virginia Beach to offset costs associated with the Sister
Cities International Conference being held in Virginia Beach.
2. I serve, without compensation, as the chair of the Association's board of directors.
3. I have a personal interest in TowneBank, which is located at 600 22' Street in
Virginia Beach.
4. TowneBank provides financial services to the Association, and I will abstain from
voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Mrs. Ruth Hodges Fraser -2- February 16, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Sincerely,
William D. Sessoms
Mayor
WDS/RRI
i I II i i
32
Item-V-I.If
ORDINANCES
ITEM#65678
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to TRANSFER and APPROPRIATE:
f $10,200 from the Developmental Services Gift Fund re SkillQuest
program
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE
2 FROM THE DEVELOPMENTAL SERVICES GIFT FUND
3 FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT
4 FOR THE SKILLQUEST PROGRAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 That $10,200 from the fund balance of the Developmental Services Gift Fund is
9 appropriated, with revenues increased accordingly, to the FY 2015-16 Operating Budget
10 of the Department of Human Services to purchase ten iPad Air tablets and ten wall-
11 mounted televisions for the SkillQuest Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th
day of February , 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City Attorney's Office
CA13566
R-2
February 3, 2016
33
Item—V-J
PLANNING ITEM#65679
1. MARK and CYNTHIA SUMMS MODIFICATION OF
CONDITIONAL USE PERMIT
2. OCEANFRONT INVESTMENTS,LLC SUBDIVISON VARIANCE
3. MICHAEL BINETTI SUBDIVSION VARIANCE
4. WILLIMH JOHNSON SUBDIVSION VARIANCE
5. DISCOUNT TIRES OF VIRGINIA,INC. CONDITIONAL USE PERMIT
and LOTSALISA,LLC
6. DISCOUNT TIRES OF VIRGINIA,INC. CONDITIONAL USE PERMIT
and HOLLAND CENTURY ASSOCIATES,LLP
7. TAKE 5 OIL CHANGE,LLC and CONDITIONAL USE PERMIT
LYNN PLAZA INVESTMENTS,LLC
ITEM#2 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM#2
COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#2
COUNCIL LADY WILSON FILED DISCLOSURE FOR ITEM#2
MAYOR SESSOMS WILL ABSTAIN ON ITEM#3
February 16, 2016
34
Item-V-J
PLANNING ITEM#65680
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Items 1, 3(MAYOR ABSTAIN), 4, 5, 6 and 7 of the PLANNING AGENDA.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent.
None
February 16, 2016
35
Item—V-J.1
PLANNING ITEM#65681
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT: Application of MARK and CYNTHIA SUMMS for Modification of a
Conditional Use Permit to expand a Bulk Storage (approved May 12, 1998) at 2616 Quality Court
DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MARK and CYNTHIA SUMMS for
Modification of a Conditional Use Permit to expand a Bulk Storage
(approved May 12, 1998) at 2616 Quality Court (GPIN 1496870664)
DISTRICT 6—BEACH
The following conditions shall be required:
All conditions of the 1998 Conditional Use Permit shall be deleted and replaced with the
following conditions:
1. The proposed new ingress/egress along Quality Court shall comply with §3.10.2
Industrial Entrance Geometrics in the Public Works Specifications and Standards.
2. All outdoor lighting shall be shielded to direct light and glare onto the premises;said
lighting and glare shall be deflected, shaded and focused away from adjoining
property. Any outdoor lighting fixtures shall not be erected any higher than fourteen
(14)feet.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted.
4. The use of a chain link fence shall be limited to the northern edge of the bulk storage
yard at the location shown on the Concept Plan entitled, "Mark & Cynthia Summs,
Concept Plan for Modification of Conditions. " Category VI screening, a solid fence
with a minimum height of six (6) feet and a row of evergreen shrubs, shall be
installed along the western and southern portions of the proposed bulk storage yard
expansion, as depicted on said Plan.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixteenth day of February,
Two Thousand Sixteen.
February 16, 2016
II
36
Item—V-J.1
PLANNING ITEM#65681
(Continued)
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
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Item—V-J.2
PLANNING ITEM#65682
R.J. Nutter, 222 Central Park Avenue, Phone: 687-7802, represented the Applicant and advised this is a
relatively routine Variance request, in that there is no opposition and both Staff and Planning
Commission recommend approval. The applicant owns the property on both sides of this lot. The
purpose is to have direct access to a public road. This will be no impact to the public as a result of this
Variance. There is a long history with this type of activity.
Upon motion by Councilman Wood, seconded by Council Lady Kane, City Council APPROVED and
CONDITIONED: Application of OCEANFRONT INVESTMENTS, LLC re Subdivision Variance to
Section 4.4(d) of the Subdivision Regulations for a hotel complex at 4201 Atlantic Avenue DISTRICT 6—
BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of OCEANFRONT INVESTMENTS, LLC
re Subdivision Variance to Section 4.4(d) of the Subdivision Regulations
for a hotel complex at 4201 Atlantic Avenue (GPIN 2418966085)
DISTRICT 6—BEACH
The following conditions shall be required:
I. The Site shall be subdivided substantially as shown on the submitted exhibit titled,
"PRELIMINARY SUBDIVISION OF PARCEL 1, " prepared by WPL, and dated
September 28, 2015.
2. An ingress and egress easement benefitting proposed Parcel 2A by means of
proposed Parcels IA and/or 3A shall be included on the plat prior to being approved
by the City of Virginia Beach Development Services Center.
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 Sixteenth day of February,
Two Thousand Sixteen.
February 16, 2016
i
38
Item—V-J.2
PLANNING ITEM#65682
Voting: 8-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
John E. Uhrin
Council Members Absent:
None
February 16, 2016
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
wsessoms@vbgov.com
In Reply Refer to 0057279
February 16, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
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 Oceanfront Investments, LLC for a subdivision variance to
section 4.4(d)of the subdivision regulations with respect to property located at 4201
Atlantic Avenue.
2. I have a personal interest in TowneBank, which is located at 600 22i1 Street in
Virginia Beach.
3. The applicant has identified TowneBank as a financial services provider with respect
to this transaction, and I will abstain from voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Mrs. Ruth Hodges Fraser -2- February 16, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Sincerely,
Iv' /41/744-"---
William D. Sessoms
Mayor
WDS/RRI
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VBgov.com
JOHN E.UHRIN PHONE: (757)200-7005
COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM
In Reply Refer to 0057280
February 16, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
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 Oceanfront Investments, LLC for a subdivision variance to
section 4.4(d)of the subdivision regulations with respect to property located at 4201
Atlantic Avenue.
2. I have a personal interest in East Beach Realty, which is located at 4459 Pleasant
Avenue in Norfolk.
3. The applicant has identified East Beach Realty as providing real estate services to
adjacent residential parcels with respect to this transaction, and I will abstain from
voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451
Mrs. Ruth Hodges Fraser -2- February 16, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Sincerel
John E. Uhrin
Councilmember
JEU/RRI
1 1 II
, ,,
L
; City of Virginia Beach
ir4
VBgov.com
ROSEMARY WILSON PHONE: (757)422-0733
COUNCIL LADY AT-LARGE FAX (757)385-5669
In Reply Refer to 0057281
February 16, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I)
Dear Mrs. Fraser:
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 Oceanfront Investments, LLC for a subdivision variance to
section 4.4(d)of the subdivision regulations with respect to property located at 4201
Atlantic Avenue.
2. The applicant has disclosed that Dixon Hughes Goodman provides financial services
to the applicant.
3. I have a personal interest in Dixon Hughes Goodman because I receive income from
the firm as a result of my late husband's employment by the company. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of
time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia
Beach, Virginia.
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451
Mrs. Ruth Hodges Fraser -2- February 16, 2016
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I)
4. The City Attorney's Office has advised me that although I have a personal interest in
this transaction,because I do not personally provide services to the applicant,the Act
provides that I may participate in Council's discussion and vote on this application,
upon disclosure of this interest.
5. I hereby disclose the above facts and declare that I am able to participate in the
transaction 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,
Rosemary A. Wilson
Councilmember
RAW/RRI
i I i
39
Item—V-J.3
PLANNING ITEM#65683
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT: Application of MICHAEL BINETTI re Subdivision Variance to
Section 4.4(d) of the Subdivision Regulations for direct public access at 2929 Riddick Lane DISTRICT 7—
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MICHAEL BINETTI re Subdivision
Variance to Section 4.4(d) of the Subdivision Regulations for direct
public access at 2929 Riddick Lane (GPIN 1493249224) DISTRICT 7—
PRINCESS ANNE
The following conditions shall be required:
1. The Site shall be substantially as shown on the submitted Survey entitled
"PHYSICAL SURVEY OF LOT F PROPERTY OF WILLIE RIDDICK, FOR
MICHAEL BINETTI, " dated July 14, 2009, and prepared by Kellam Gerwitz,
Engineering, Surveying-Planning.
2. The Site shall remain connected to the City's sanitary sewer via a grinder pump and
private force main or by any other acceptable option approved by the Virginia Beach
Public Utilities Department.
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 Sixteenth day of February,
Two Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
None
February 16, 2016
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
wsessoms©vbgov.com
In Reply Refer to 0057278
February 16, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
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 Michael Binetti for a subdivision variance to section 4.4(d)of
the subdivision regulations with respect to property located at 2929 Riddick Lane.
2. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach.
3. The applicant has identified TowneBank as financial service provider with respect to
the property that the subject of this transaction,and I will abstain from voting on this
matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Mrs. Ruth Hodges Fraser -2- February 16, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Sincerely,
A��C®til
William D. Sessoms
Mayor
WDS/RRI
40
Item—V-J.4
PLANNING ITEM#65684
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT:Application of WILLIAM H. JOHNSON re Subdivision Variance to
Section 4.4(d) of the Subdivision Regulations for direct public access at Riddick Lane DISTRICT 7 —
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WILLIAM H. JOHNSON re Subdivision
Variance to Section 4.4(d) of the Subdivision Regulations for direct
public access at Riddick Lane (GPIN 1493249463) DISTRICT 7 —
PRINCESS ANNE
The following conditions shall be required:
1. The Site shall be substantially as shown on the submitted survey entitled
"PHYSICAL SURVEY OF LOT 'H', PROPERTY OF WILLIE RIDDICK, VIRGINIA
BEACH, VIRGINIA, FOR WILLAM JOHNSON, " dated December 1, 2015, and
prepared by John E. Brunelle, L.S. Land Surveying.
2. Pending any further development, the site shall connect to the City sewer via any
acceptable option approved by the Virginia Beach Public Utilities Department.
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 Sixteenth day of February,
Two Thousand Sixteen.
Voting.• 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
Item—V-J.5
February 16, 2016
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PLANNING ITEM#65685
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT: Application of DISCOUNT TIRES OF VIRGINIA, INC. and
LOTSALISA, LLC for a Conditional Use Permit re auto repair at1600 General Booth Boulevard
DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DISCOUNT TIRES OF VIRGINIA,
INC. and LOTSALISA, LLC for a Conditional Use Permit re auto
repair at1600 General Booth Boulevard(GPIN 2415553211) DISTRICT
7—PRINCESS ANNE
The following conditions shall be required:
1. Except as modified by any other condition of this Conditional Use Permit, the
development of the Site shall substantially conform with the Concept Plan entitled,
"DISCOUNT TIRE, DTC STORE VAB 10696, 1600 GENERAL BOOTH BLVD.
VIRGINIA BEACH, VA 23454, " dated September 22, 2015, and prepared by Kimley
Horn and Associates, Inc., which has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
2. Except as modified by any other condition of this Conditional Use Permit, the
development of the building shall substantially conform with the elevation
drawing entitled, "DISCOUNT TIRES CONCEPT ELEVATIONS, 1600 GENERAL
BOOTH BLVD. VIRGINIA BEACH VIRGINIA 23454,"dated October 29, 2015, and
prepared by Architectural Resource Team, which has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
3. All automobile repair must take place inside the building.
4. No outside storage or display of equipment, parts, tires or materials shall be
permitted.
5. No outside storage of vehicles in a state of obvious disrepair shall be permitted.
6. Twice the amount of required shrubs shall be planted in the landscape buffer
adjacent to Dam Neck Road. Said plantings shall be depicted on a Landscape Plan
and submitted during the final Site Plan review process and is subject to the approval
of the Development Services Center Landscape Architect in regard to species and
placement of said plantings.
7. The row of Crepe Myrtles along the southern property line shall be preserved to the
greatest extent possible. In the event any of the trees are impacted during
construction or in the future, they shall be reestablished per approval of the Planning
Director.
8. Other than dead, dying or diseased plants, the removal of existing vegetation (mix of
trees and shrubs) along the eastern property line and within a minimum of a fifteen
(15)foot wide buffer shall be prohibited. Any gaps in the existing vegetation shall be
filled in to provide a constant buffer from the residential properties to the East. Any
vegetation that will remain and be added shall be noted on a Landscape Plan that
will be reviewed by the Development Services Center Landscape Architect during the
Site Plan Review process.
February 16, 2016
I II I I
42
Item—V-J.5
PLANNING ITEM#65685
(Continued)
9. Any freestanding sign shall be a monument style sign, no more than eight (8)feet in
height, with a base to match that of the building in terms of materials and color
scheme.
10. A separate permit shall be obtained from the Planning Department, Zoning Office,
for all signage, including any freestanding sign and building mounted sign.
11. Mechanical or HVAC equipment shall not be installed at ground level along any
portion of the facade facing a public street.
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 Sixteenth day of February,
Two Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
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Item—V-J.6
PLANNING ITEM#65686
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT: Application of DISCOUNT TIRES OF VIRGINIA, INC. and
HOLLAND CENTURY ASSOCIATES, LLP for a Conditional Use Permit re auto repair at 3949
Holland Road DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DISCOUNT TIRES OF VIRGINL4,
INC. and HOLLAND CENTURY ASSOCIATES, LLP for a
Conditional Use Permit re auto repair at 3949 Holland Road (GPIN
1486252370) DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. The development of the Site shall substantially conform with the Concept Plan
entitled, "Discount Tire, "prepared by Kimley Horn, dated 12/28/2015, which has
been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. When the building is constructed, it shall substantially conform with the elevations
entitled "Discount Tire, Conceptual Elevations, " prepared by Architectural
Resource Team, dated 12/22/15, which has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department. Said building shall be a single-
story building with a primary exterior of brick veneer with a solider course near the
top of the facades and a cast stone water table.
3. All auto repair must take place inside the building.
4. No outside storage or display of equipment, parts, tires or materials shall be
permitted.
5. No outside storage of vehicles in a state of obvious disrepair shall be permitted.
6. The proposed plantings along Holland Road shall be complementary in terms of
species and intensity to that on adjacent parcels and in substantial conformance with
the submitted Concept Plan identified in Condition #1 above.
7. In addition to meeting the planting requirements of the City of Virginia Beach
Landscaping Guide, additional plant material shall be installed within the grass area
on the western portion of the property in a manner as to provide a screen to the
overhead garage doors. Said plantings shall be depicted on a Landscape Plan and
submitted during final Site Plan Review; subject to the approval of the Development
Services Center Landscape Architect in regard to species and placement of said
plantings.
8. Any free standing sign shall be of monument style, no more than eight (8)-feet in
height, with a base to match that of the building in terms of materials and color
scheme.
9. Mechanical or HVAC equipment shall not be installed at ground level along any
portion of the facade facing a public or internal street.
February 16, 2016
11
44
Item—V-J.6
PLANNING ITEM#65686
(Continued)
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 Sixteenth day of February,
Two Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent.•
None
February 16, 2016
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Item—V-J.7
PLANNING ITEM#65687
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT: Application of TAKE 5 OIL CHANGE, LLC and LYNN PLAZA
INVESTMENTS, LLC for a Conditional Use Permit re oil changes at 845 Lynnhaven Parkway
DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TAKE 5 OIL CHANGE, LLC and
LYNN PLAZA INVESTMENTS, LLC for a Conditional Use Permit re
oil changes at 845 Lynnhaven Parkway(GPIN 1496347303) DISTRICT
3—ROSE HALL
The following conditions shall be required:
1. Except as modified by any other condition of this Conditional Use Permit, the Site
shall be developed in substantial conformance with the submitted Site Plan entitled,
"TAKE 5 OIL PARKWAY PLAZA, 845 LYNNHAVEN PARKWAY, " dated November
19, 2015, and prepared by American Engineering. Said Plan has been exhibited to
the City Council and is on file with the Virginia Beach Planning Department.
2. Except as modified by any other condition of this Conditional Use Permit, the
building shall be constructed in substantial conformance with the submitted building
elevation drawing entitled, "TAKE 5 OIL CHANGE, 845 LYNNHAVEN PARKWAY,
VIRGINIA BEACH, VA 23452, " dated October 15, 2015, and prepared by Childrey
Robinson Associates. Said elevation drawing has been exhibited to the City Council
and is on file with the Virginia Beach Planning Department.
3. All on-site signage shall meet the requirements and regulations of the Zoning
Ordinance. A permit shall be obtained for all signage from the Planning Department,
Zoning Office.
4. Except as modified by any other condition of this Conditional Use Permit,
landscaping shall be installed in substantial conformance with the Plan referenced in
Condition #1 above.
5. The dumpster shall be enclosed with a solid vinyl fence, not less than six (6)feet in
height, and any required screening shall be installed in accordance with Section
245(e) of the Zoning Ordinance.
•
6. No outdoor vending machines and/or display of merchandise shall be allowed.
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 Sixteenth day of February,
Two Thousand Sixteen.
February 16, 2016
46
Item—V-J.7
PLANNING ITEM#65687
(Conditioned)
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
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ITEM V-K
APPOINTMENTS ITEM#65688
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BEACHES and WATERWAYS ADVISORY COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL
CLEAN COMMUNITY COMMISSION
HISTORIC PRESERVATION COMMISSION
Voting. 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
48
ITEM V-K
APPOINTMENTS ITEM#65689
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
GERALDINE HUNT
Three year term0l/01/2016— 12/31/2018
COMMUNITY SERVICES BOARD- CSB
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
49
ITEM V-K
APPOINTMENTS ITEM#65690
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
BRYAN CUFFEE
DOROTHY WOOD
MAYOR WILLIAM D. SESSOMS-LIAISON
One year term 01/01/2016—12/31/2016
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLL4NCE
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
i I �
50
ITEM V-K
APPOINTMENTS ITEM#65691
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
REAR ADMIRAL KEVIN COOK
REAR ADMIRAL CRAIG QUIGLEY
Five year term 03/01/2016—02/28/2021
MILITARY ECONOMIC DEVELOPMENT
ADVISORY COMMITTEE-MEDAC
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
i I i
51
ITEM V-K
APPOINTMENTS ITEM#65692
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
TOMMY JOHNSON
Unexpired term thru 05/31/2016
OPEN SPACE ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
I II 1
52
ITEM V-K
APPOINTMENTS ITEM#65693
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
KATHLEEN BANFIELD, United Way—South Hampton Roads
No term—Ex-Officio
REVIEW AND ALLOCATION COMMITTEE(COG)
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
53
ITEM VK
APPOINTMENTS ITEM#65694
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
WILLIAM SAWYER
Three year term—03/01/2016—02/28/2019
and
REAPPOINTED
DR. WILLIAM P. BROWN
DAWN FLORA
JAMES FOX
Three year term—03/01/2016—02/28/2019
TRANSITION AREA (ITA) CITIZENS ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
i
54
ITEM V-K
APPOINTMENTS ITEM#65695
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DR. ROLFE WHITE
Unexpired term thru 03/31/2017
VIRGINIA BEACH HEALTH SYSTEMS
ADVISORY BOARD
Voting.• 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
February 16, 2016
55
Item-V-N
ADJOURNMENT ITEM#65696
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:22 P.M.
Amanda Finley-Barnes, M a
Chief Deputy City Clerk
13.11 Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
February 16, 2016