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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 2, 2018
Mayor Louis R. Jones called to order the CITY COUNCIL'S BRIEFINGS, in the City Council
Conference Room, Tuesday, October 2, 2018, at 4:00 P.M.
Council Members Present:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane Attending Virginia Municipal League Conference
Rosemary Wilson Attending Virginia Municipal League Conference
2
CITY MANAGER'S BRIEFINGS
CULTURAL AFFAIRS UPDATE
ITEM#68522
4:01 P. M.
Mayor Jones welcomed Emily Labows, Director — Office of Cultural Affairs and Michael Zeiders,
Chairman - Zeiders American Dream Theatre. Ms. Labows expressed her appreciation to the City
Council for their continued support. Mr. Zeider thanked the City for allowing his dream to become a
reality and feels his investment is going to benefit the City for years to come:
A/B CITY COUNCIL
,,,,,.,,tir,nwia Brerh
Cultural Affairs INFORMATIONAL BRIEFING
October 2, 2018
Emily Labows, Director
Office of Cultural Affairs
American Dream Theater, "The Z", will open on October 5h with a three (3)day festival:
OPENING WEEKEND OF "THE Z"
October 5th—October 7th KISHI BASHI
STRING QUARTET LIVE!
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October 2, 2018
3
CITY MANAGER'S BRIEFINGS
CULTURAL AFFAIRS UPDATE
ITEM#68522
(Continued)
Here is an Overview of how Cultural Affairs is addressing City Council's Goals:
WORK OF CULTURAL AFFAIRS ADDRESSES MULTIPLE OUTCOMES
OF CITY COUNCIL'S GOALS
GOAL 1: GROW THE LOCAL ECONOMY
• 25 new creative businesses added since 2015=514 more jobs to Virginia Beach
• In 2017,creative industries businesses employed 4,773 people in Virginia Beach and accounted for 4.8%of the total number of
businesses located in Virginia Beach-more people than are employed as civilians at the Naval Air Station and GEICO
• Creative businesses are defined by Dun and Bradstreet as Arts Schools/Services,Design/Publishing,Film,Radio,TV,
Museum/Collections,Performing Arts,Visual/Photography
GOAL 3: CREATE A FINANCIALLY SUSTAINABLE CITY PROVIDING EXCELLENT SERVICES
• Nurturing non-profit partners to leverage private support of cultural programs:The Z,Public Art Virginia Beach Foundation,Virginia
MOCA,the ViBe Creative District,the new Virginia Beach Art Center
GOAL 4: REVITALIZE NEIGHBORHOODS AND PLAN FOR THE FUTURE
• Expanding public art program as an opportunity to enhance the City
• Actively nurturing growth of arts districts to revitalize neighborhoods
GOAL 5: BE A COMPETITIVE,FIRST CLASS RESORT FOR RESIDENTS,BUSINESSES AND TOURISTS
• Expanding cultural arts programs to position the oceanfront as a cultural,year round destination through high quality and innovative
cultural events
• Increasing cultural destinations for tourists and residents through new facilities and districts
GOAL 7: WE ARE AN INCLUSIVE COMMUNITY THAT IS WELCOMING AND EMPOWERS ALL
• Developing and supporting greater diversity in arts offerings
Here is an Overview of the Arts Plan 2030 Goals:
Goal 1. EXPAND PUNIC ART PROGRAMMING Arts Plan 2030
High Priority:Public Art and Place-making
Goal 2. STRENGTHEN THE
difyCi ON1Mland GOALS
High Priority:Modify City Policy and Practices to support cultural development
Medium Priority:Shared Resources
Goal 3. ENCOURAGE CULTURALLY RELEVANT PROGRAMMING
High Priority:Multi Cultural Programming+Facilities
Goal4. STRENGTHEN&FSTARIISI1 DIFFERENT AND DISTINCTIVE CUITURAI DISTRICTS
Medium Priority:Advance ViBe as a Cultural and Creative District
Medium Priority:Establish Town Center Arts&Entertainment District
Goal 5. SUPPORT SMALL ER-SCALE PERFORMANCE♦ARTSEDUCATION
Medium Priority:Develop Small-scale Cultural Space at TownCenter
Medium Priority:Develop Facilities for Emerging Artists
Goal 6. IMPROVE THE VALUE,IMPACT AN D SUSTAINABILITY OF THE SANDLER CENTER
Medium Priority:Expand the Sandler Center
Goal7. PROMOTE VIRGINIA BEACH ASA CULTURAL AND CREATIVE COMMUNITY
Medium Priority:Position the Oceanfront as a Cultural Destination
Medium Priority:Promote Identity as Cultural Community
EXPAND ARTSINFRASTRUCTURE
Cultural Affairs Arts&Humanities Commission
Goal 9. INCREASE FUNDING FOR ARTS DEVELOPMENT
State,City,Private Sector
October 2, 2018
4
CITY MANAGER'S BRIEFINGS
CULTURAL AFFAIRS UPDATE
ITEM#68522
(Continued)
The Arts and Humanities Commission recently established a new Community Arts Grant Program:
NEW COMMUNITY ARTS GRANT
• New Community Arts Grant
Program established by Arts and '
Humanities Commission q .. I
•
• To support and encourage more of 3 i rita ,i S
culturally diverse programming 'V.
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• Programs to build a sense of place, t .
belonging and inclusion i
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The Sandler Center has scheduled several Multi-Cultural performers going into next year:
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SANDLER CENTER 4 I''' ` '- D,AUGHTR\(
FOR THE
PERFORMING ARTS
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October 2, 2018
5
CITY MANAGER'S BRIEFINGS
CULTURAL AFFAIRS UPDATE
ITEM#68522
(Continued)
The African American Cultural Center has two (2) community projects; The Community Hero Poster
Project which recognizes the City's past influential African American leaders and Community Voice
Installation on Future Site that are sixty (60) three-dimensional portraits with audio of twelve (12)
historical African American neighborhoods:
AFRICAN AMERICAN CULTURAL CENTER
Community Hero Poster Project
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Community Voice Installation on Future Site
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The Virginia Beach Art Center will open in the ViBe Creative District in winter 2019:
Vibe CREATIVE DISTRICT
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• 30+new or expanded businesses since 2015 R: C. •.{E, _ 77jj
• DOZENS of new public artworks for the i
community by ViBe businesses
• Thousands of public participants to
community events •-
un su«rw..wtia., Ar•.• � r trai.4,1 aId :
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P l 7. t `` a VIRGINIA BEACH
"""" `" ART CENTER
'`'�'" '� incorporating the City's former Pottery&Clay Program
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�' New location:532 Virginia Beach Blvd.
Projected opening:Winter 2019
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October 2, 2018
6
CITY MANAGER'S BRIEFINGS
CULTURAL AFFAIRS UPDATE
ITEM#68522
(Continued)
The Canoes Dedication took place July 28, 2018 on the Lesner Bridge with over 250 members of the
community in attendance:
THE CANOES DEDICATION ••. .r
• Public Art Virginia Beach Foundation -,,.
dedioted the sculpture that they • R�
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funded to the City of Virginia Beach at /`. s`
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a public ceremony on teener Bridge a t.5 tr' s j7' • $
July 28,2018 ��. "ro
• Over 250 members of the community 47"...17.-•- - ,^ .
attended ,.-a• - `
• Bayfront Advisory Commission to t ��
honor the Public Art Foundation -
Board wkh an sward for the project
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This is the view of 1-264 Greenwich Flyover Gateway. The plan is to place different pieces of artwork
that will be seen from the sky and viewed by the 250,000+ commuters each day:
1-264 GREENWICH FLYOVER GATEWAY
2i' _ - aLL Be a
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October 2, 2018
7
CITY MANAGER'S BRIEFINGS
CULTURAL AFFAIRS UPDATE
ITEM#68522
(Continued)
Here are some of the types of art being considered for the 1-264 Greenwich Flyover Gateway:
GATEWAY ARTWORK EXAMPLES
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Here are the public art projects throughout the City, the blue circles are existing projects and the red
circles are future projects:
PROJECTS 0
THROUGHOUT 0
VIRGINIA
0
BEACH:
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REACHING �,...
ACROSS THE .o
COMMUNITY
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Red.future DrojeQe 0
•Blue=Existing Projects r 0 •... "...0 --
October 2, 2018
8
CITY MANAGER'S BRIEFINGS
CULTURAL AFFAIRS UPDATE
ITEM#68522
(Continued)
Here are a few of the recent projects that have transformed utilitarian spaces into art:
RECENT PROJECTS SEASHORE CATHERDRAL AT RUDEE WALKWAY
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TERRAPIN BASIN.A1 PLEASURE HOUSE PQINT. . >. ;�y� ' "'`.�
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HELPING HANDS AT MOUNT TRASHMORE
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Here is an Overview of what is coming in FY 19:
COMING IN FY 19 ENVIRONMENTALLY RESPONSIVE PROJECTS
MURALS
, : , # WORLD BELOW THE BRINE
EDUCATIONAL ARTIST RESIDENCIES ,R ' �
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Mayor Jones expressed his appreciation to Ms. Labows for the informative and exciting presentation.
October 2, 2018
9
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
4:28 P.M.
Mayor Jones welcomed Mark Johnson, Director and Chris Wojtowicz, Engineering Construction
Manager—Public Works. Mr. Johnson expressed his appreciation to the City Council for their continued
support and turned the presentation over to Mr. Wojtowicz:
' RIDGE REPLACEMENT
>: PROJECT ,
Briefing —� 4 =
City Council Meeting .9 - y^ ..;.._
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October 2,2018 c
Christopher J.Wpitowitz,P.E.
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Mr. Wojtowicz expressed his appreciation to City Council and began the presentation with several slides
showing Lesner Bridge before the project began:
4., Old Bridge Details
• 4-foot wide sidewalk on each bridge
• No connecting sidewalk from eastbound bridge to
either approach
• No Shoulders 1
• Both travel lanes 11-feet wide
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October 2, 2018
10
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
(Continued)
Wil Old Bridge Details
1 • Narrow Navigation
Channel(90-Feet)
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• External Utilities
% Old Bridge Details
IlliF / " • No Sidewalk on EB
Bridge Approaches
• Sidewalk only 4-feet
wide on bridge
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• Narrow Travel Lanes
and No Shoulder
October 2, 2018
11
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
(Continued)
Here are the New Bridge Details showing the expansion of the travel lanes and the addition of shoulder
lanes,pedestrian paths and handicap ramps:
New Bridge Details
• 10-foot wide Multi-Use Pedestrian Path
• 8-foot wide outside shoulder
• 6-foot wide inside shoulder
• 14-foot wide outside travel lane
• 12-foot wide inside travel lane
East Barad Bridge
N,tili4 West ound Bridge
i t
53-8
53'
New Lesner Bridge Section
CV New Bridge— Pedestrian Access
• 10-foot wide Sidewalk on
Both Bridge Approaches
and across each bridge
rmia Per
• New Handicap Ramps
located at adjacent
intersections
October 2, 2018
12
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
(Continued)
Improvements under the bridge were also made by moving all of the utilities inside:
New Bridge — Utilities Inside
• All Utilities inside the new
bridges
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• No Exterior utility
hanger systems
The Navigation Channel was also improved by increasing the width to 150 feet:
Cky''`New Bridge — Wide Lanes/Channel
,„ • 12-foot and 14 foot wide
lanes. 6-foot and 8-foot
_ „ shoulders
P m
• 150-foot wide
Navigation Channel
October 2, 2018
13
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
(Continued)
The Scenic Overlook includes new furniture and the Canoe Sculpture:
i�.v,�s
t: New Bridge — Scenic Overlook
• New Overlook with views
over the scenic
' I Lynnhaven River
r
• New street furniture
and decorative planters
The aesthetic improvements include a decorative retaining wall and installation of multi-colored LED
lights:
C114 — —
% Aesthetic Bridge Features
Bridge Coating to match color of
local sand
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Handrail and Custom MSE Wall I - s >'
- Bridge Lighting:LED;Piers,
Supu ,and
� L ""`x"` Streetlightingerstrcture
October 2, 2018
14
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
(Continued)
Barges removed 30,000 tons of bridge demolition materials to the Cabbage Patch Artificial Reef
4....));----NBridge Demolition Materials
Loaded on Barges
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ow
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02101./2017
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Bridge Demolition Materials
30,000 Tons Placed in Cabbage Patch Reef
Cape Charles----.. � i
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Cabbage Patch r--- Kiptopeke State Park
`? Artificial Reef
/--
4t"+'' J/ o Lesner Bridge
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October 2, 2018
15
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
(Continued)
The Lesner Bridge Project is scheduled to be complete in December 2018 with a Ribbon Cutting
Ceremony planned for mid-November:
& 5. `
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-4141:1111,6*-,.:- ..,,,. ,.'3 bon Cutting
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• Mid-November 201. r
• Held Beneath the ne - haven Boat
Ramps 4 4
•'Fut-thir Details t. ' t,�,_
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October 2, 2018
16
CITY MANAGER'S BRIEFINGS
LESNER BRIDGE UPDATE
ITEM#68523
(Continued)
Questions? ...
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Contact IAflirmation ; ;
Chris Wojtowicz,PE ,
City of Virginia Beach
Department of Public Works
(757)385-5785
cwojtowi@vbgov.com
Mayor Jones expressed his appreciation to Mr.Johnson for the presentation and Mr. Wojkowicz for all of
his dedication and hard work on this challenging project.
October 2, 2018
17
CITY COUNCIL
LIAISON REPORTS
ITEM#68524
4:46 P. M.
Councilman Moss advised he and Council Lady Kane attended the Virginia Beach Community
Development Corporation (VBCDC)Meeting held September 26, 2018, where all of the new members
were in attendance and the VBCDC now has a quorum to conduct business. Councilman Moss advised
the VBCDC has an audit showing a deficit of$5-Million due in 2022 and advised he and Council Lady
Kane will continue to engage to look into the underlining issues.
October 2, 2018
18
CITY COUNCIL
LIAISON REPORTS
ITEM#68525
(Continued)
Council Lady Henley advised she attended the second Coastal Resilience Sub-Committee meeting last
week. Two items were discussed important to the City. The first item was updating the NOAA 14
Standards as the current standards do not meet today's circumstances. The second item was updating the
Smart Scale Program rating process to include receiving bonus points for Coastal Resiliency projects.
Council Lady Henley advised the Nimmo 7A Project is an example of a Coastal Resiliency project
currently due to be "shovel ready"but does not receive any Smart Scale funding.
The Committee will meet monthly and at the next meeting they will discuss adding an item pertaining to
flooding into the Regional Legislative Package. Council Lady Henley suggested adding the "Solution to
Coastal Flooding" item in the City's proposed Legislative Package to the Regional Legislative Package
so funding could come to the local government instead of the state.
October 2, 2018
19
CITY COUNCIL
LIAISON REPORTS
ITEM#68526
(Continued)
Council Lady Henley advised she attended the Green Ribbon Commission meeting held September 27,
2018. The meeting was especially interesting with students from Virginia Tech in attendance. The
students discussed how they are using the City as their prototype to study landscape engineering in
flooding and Sea Level Rise areas.
October 2, 2018
20
CITY COUNCIL
COMMENTS
ITEM#68527
4:55 P.M.
Council Lady Henley advised she provided a follow-up paper letter from the Summer Symposium written,
"Conserving Forestland to Ensure Lasting Benefits of Flood Risk Reduction Services". She is continuing
to work on solutions that will protect the forest and include the forest as part of the stormwater system.
Feels we need to value and protect the forest. Council Lady Henley requested time during the next City
Council Workshop to share more ideas.
October 2, 2018
21
CITY COUNCIL
COMMENTS
ITEM#68528
(Continued)
Council Lady Henley advised she requested Deputy City Manager, Tom Leahy, hold a public session next
Thursday, October 4, 2018,from 6-8 PM at the Senior Resource Center to discuss the studies the City has
been conducting regarding the impact of wind tide and Sea Level Rise. The purpose is to bring
awareness to the public so they will understand the depth of the work being done and have a better
understanding of future recommendations.
October 2, 2018
22
CITY COUNCIL
COMMENTS
ITEM#68529
(Continued)
Vice Mayor Wood advised while attending a meeting at the Aquarium with Mayor Jones, he observed the
staff review a negative comment on Trip Advisor written about the Aquarium. Staff researching the
events for the day the comment was made shows how involved and dedicated they are to social media.
Mayor Jones advised today in the State of the Region, the Aquarium was singled out as "leading by
example", an organization in Hampton Roads that wins on social media with 117,000 followers on
Facebook.
October 2, 2018
23
CITY COUNCIL
COMMENTS
ITEM#68530
(Continued)
Councilman Moss followed up on a point before he has a discussion with Congressman Scott Taylor
concerning the maritime skills deficiency in the region. He wants to engage with the staff of Shipbuilders
of America to take advantage of the opportunity to improve the industry before March.
October 2, 2018
24
CITY COUNCIL
COMMENTS
ITEM#68531
(Continued)
Councilman Uhrin advised the USO Warrior Week was held with over 700 Wounded Warriors
participating, an annual average increase of 100 each year. He presented Mayor Jones with a framed
copy of the USO Warrior Week poster and expressed his appreciation to Mayor Jones and City Council
for their support.
October 2, 2018
25
CITY COUNCIL
COMMENTS
ITEM#68532
(Continued)
Mayor Jones advised he attended the Neptune Festival with Councilman Uhrin and was pleased to see it
was a resounding success with beautiful weather while crowds attended the parade, viewed the sand
sculptures, and filling the hotels and restaurants.
October 2, 2018
26
AGENDA REVIEW SESSION
ITEM#68533
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Resolution to ADOPT the City's 2019 Legislative Agenda
2. Ordinance to AMEND the City Code Section 17-3 re Public Library Board terms and limitations
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease (up to
25 years)for a portion of City property at 1952 Maple Shade Drive to Cellco Partnership d/b/a
Verizon Wireless re maintaining and operating wireless telecommunications facilities
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement re the City
and Sister Cities Association of Virginia Beach, Inc. (SCAVB) re responsibilities and
obligations
5. Ordinance to ESTABLISH Capital Improvement Project 2-159 "Parliament Drive Sidewalk
Phase II"; and, ACCEPT and APPROPRIATE Federal Pass-Through Funding from VDOT to
Capital Projects 2-11, 4-064 and 2-159; and, to TRANSFER funds from Capital Project 2-11 to
Capital Project 2-159
6. Ordinance to CARRY FORWARD and APPROPRIATE $1,681,238 in various departments re
previously approved funds from the FY 2017-2018 Operating Budget
7. Ordinance to ACCEPT and APPROPRIATE $1-Million from VDOT re Capital Project 2-026
"Street Reconstruction II"for Road Paving Projects
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#7 WILL BE CONSIDERED SEPARATELY
October 2, 2018
27
ITEM#68534
Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Beach District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body; and
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
• Motorized Scooters
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
October 2, 2018
28
ITEM#68534
(Continued)
Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council voted to proceed into
CLOSED SESSION at 5:10 P.M.
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
Closed Session 5:10 P.M. - 5:59 P.M.
*Council Lady Abbott stepped out and did not participate in the discussion for the property in the
Beach District identified under Publicly-Held Property
October 2, 2018
29
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 2, 2018
6:00 P.M.
Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in
the City Council Chamber, City Hall, on Tuesday, October 2, 2018, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane Attending Virginia Municipal League Conference
Rosemary Wilson Attending Virginia Municipal League Conference
INVOCATION: Pastor Rick Crews
Pastor, Green Run Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services ("Howard Hanna'), whose Oceanfront Office is located at 303 34th Street
Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation,
the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna
has an interest in numerous matters in which she is not personally involved and of which she does not
have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the
State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review
the agenda for each meeting of City Council for the purpose of identifying any matters in which she might
have an actual or potential conflict. If during her review of the agenda for any given meeting of the
Council, she identifies a matter in which she has a `personal interest, "as defined in the Act, she will file
the appropriate disclosure letter to be recorded in the official records of the City
Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is
hereby made part of the record.
October 2, 2018
30
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 identify 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.
October 2, 2018
31
ITEM— VI-E
CERTIFICATION
ITEM#68535
Upon motion by Council Lady Kane, seconded by Councilman Moss, 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: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
32
ITEM— VI-F
MINUTES
ITEM#68536
Upon motion by Councilman Dyer, seconded by Council Lady Abbott, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSION of September 18, 2018
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
33
ADOPT AGENDA
FOR FORMAL SESSION
ITEM#68537
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 2, 2018
34
ITEM—VI-H
BID OPENING
ITEM#68538
Mayor Jones DECLARED A BID OPENING:
LEASE OF CITY PROPERTY
1952 Maple Shade Drive
Pursuant to Virginia Code Section 15.2-2102, the Mayor summarized the bids that have been received for
a proposed long-term ground lease for a portion of City-owned property for the purpose of installing,
operating and maintaining wireless communications facilities.
One bid has been received, as follows:
Cellco Partnership d/b/a Verizon Wireless has bid:
- 5 year lease with four options to renew for five (5)years each; maximum 25 years.
- $12,000.00 rent for the first year, with a 2.5%increase each year.
Are there any other persons desiring to submit a bid at this time?
There being no further bids, the bidding is closed.
City staff has evaluated the bid received from Cellco Partnership, and recommends that the company be
granted the lease.
October 2, 2018
35
ITEM- VI-I.1
PUBLIC HEARINGS
ITEM#68539
Mayor Jones DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY
1952 Maple Shade Drive
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Jones CLOSED the PUBLIC HEARING
October 2, 2018
36
ITEM- VI-I.2a
PUBLIC HEARINGS
ITEM#68540
Mayor Jones DECLARED A PUBLIC HEARING:
CHARTER AMENDMENTS
a. Limitation Upon Issuance of Debt not Authorized by City Charter
The following registered to speak:
Martin A. Joesph, Hampton Roads Chamber, Phone: 499-6761, spoke in OPPOSITION
Chris Stone, Hampton Roads Chamber, Phone: 455-5800, spoke in OPPOSITION
Jeanne Evans-Cox, One Columbus Center, Phone: 490-7810, spoke in OPPOSITION
Barbara Messner, P.O. Box 514, spoke in SUPPORT
Mrs. Marsh, 4382 Lynnville Avenue, Phone: 270-7900, spoke in SUPPORT
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT
Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke in SUPPORT
Mike Maskell, 4403 Lisbon Lane#103, Phone: 615-6265, spoke in SUPPORT
Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT
There being no additional speakers, Mayor Jones CLOSED the PUBLIC HEARING
October 2, 2018
37
ITEM- VI-I.2b
PUBLIC HEARINGS
ITEM#68541
Mayor Jones DECLARED A PUBLIC HEARING:
CHARTER AMENDMENTS
b. Single Member District or Ward System of Election
The following registered to speak:
David Nygaard, 509 20`x'Street, Phone: 778-1496, spoke in SUPPORT
Josh Schulman, One Columbus Center, Phone: 490-7800, spoke in OPPOSITION
Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Mrs. Marsh, 4382 Lynnville Avenue, Phone: 270-7900, spoke in SUPPORT
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT
Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke in SUPPORT
Mike Maskell, 4403 Lisbon Lane#103, Phone: 615-6265, spoke in SUPPORT
There being no additional speakers, Mayor Jones CLOSED the PUBLIC HEARING
October 2, 2018
38
ADD ON
RESOLUTION
ITEM#68542
Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADDED a
RESOLUTION to AUTHORIZE a grant of$5,000 to Fil Fest USA, Inc.,for the fourth annual Fil Fest
USA
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
39
ITEM- VI-J
ORDINANCES/RESOLUTIONS
ITEM#68543
Upon motion by Vice Mayor Wood, seconded by Councilman Davenport, City Council APPROVED, BY
CONSENT:Agenda Items 2, 4, 5, and 6
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
40
ITEM— VLJ.1
ORDINANCES/RESOLUTIONS
ITEM#68544
The following registered to speak:
Barbara Messner, P.O. Box 514, did not speak
Upon motion by Vice Mayor Wood, seconded by Council Lady Abbott, City Council DEFERRED TO
OCTOBER 16, 2018, Resolution to ADOPT the City's 2019 Legislative Agenda
Voting. 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
41
ITEM-VI-J.2
ORDINANCES/RESOLUTIONS
ITEM#68545
Upon motion by Vice Mayor Wood, seconded by Councilman Davenport, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code Section 17-3 re Public Library Board terms and
limitations
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
1 AN ORDINANCE TO AMEND SECTION 17-3
2 OF THE CITY CODE PERTAINING TO THE
3 PUBLIC LIBRARY BOARD
4
5 SECTION AMENDED: § 17-3
6
7 WHEREAS, the Public Library Board has requested certain changes to City
8 Code § 17-3 in order for the membership terms of the City's Library Board to be more in
9 line with the terms of library boards in other localities;
10
11 WHEREAS, current members of the City's Library Board have been appointed to
12 three-year terms, and the Board has requested that future appointments be made for
13 four-year terms (except for the student members);
14
15 WHEREAS, City Code § 2-3 provides that persons appointed by the City Council
16 to four-year terms may serve up to two consecutive four-year terms;
17
18 WHEREAS, the City Council intends that current appointees (other than the
19 student members) who at the end of their current term will have served less than eight
20 years but more than four years would be eligible for a single additional appointment to
21 one four-year term, and that current members who at the end of their current terms will
22 have served less than four years would be eligible for appointment to two consecutive
23 four-year terms; and
24
25 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27
28 That Section 17-3 of the Code of the City of Virginia Beach, Virginia, is hereby
29 amended and ordained to read as follows:
30
31 Sec. 17-3. - Public library board.
32
33 (a) There is hereby created a public library board, which shall consist of not less than
34 seven (7) nor more than thirteen (13) members. The members of the board shall be
35 appointed by the city council for terms of four (4) years. Members may serve for no
36 more than two (2) consecutive four year terms. Two (2) members shall be high
37 school students (a junior and a senior), whose terms shall expire upon their
38 graduation from high school, and one (1) member shall be an employee of the
39 Virginia Beach City Public Schools. The board shall select from its membership a
40 chair and vice-chair.
41 (b) The public library board shall meet not less frequently than once every quarter
42 (three (3) months) and additionally, at the call of the chair or the director of public
43 libraries. The board shall be responsible for making recommendations to the council
44 on all phases of library planning, policy and management.
45
46 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2nd
47 day of October , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
_____::.„---:_i,--,;,- .,-7- f"
'Eva Poole Roderick R. Ingram
Public Libraries City Attorney's Office `--`
CA14536
R-1
September 20, 2018
42
ITEM-VI-J.3
ORDINANCES/RESOLUTIONS
ITEM#68546
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Stephen Romine, 999 Waterside Drive, Phone: 376-9468, Attorney for Applicant, spoke in SUPPORT
Upon motion by Councilman Davenport, seconded by Councilman Uhrin, City Council ADOPTED
Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease (up to 25
years)for a portion of City Property at 1952 Maple Shade Drive to Cellco Partnership d/b/a Verizon
Wireless re maintaining and operating wireless telecommunications facilities
Voting: 7-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Mayor Louis R. Jones, John E. Uhrin, and Vice Mayor
James L. Wood
Council Members Abstaining:
John D. Moss
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
1
2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
3 EXECUTE A LONG-TERM GROUND LEASE (UP TO 25
4 YEARS) FOR A PORTION OF CITY-OWNED PROPERTY
5 LOCATED AT 1952 MAPLE SHADE DRIVE TO CELLCO
6 PARTNERSHIP D/B/A VERIZON WIRELESS FOR THE
7 PURPOSE OF MAINTAINING AND OPERATING WIRELESS
8 TELECOMMUNICATIONS FACILITIES
9
10 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property
11 located at 1952 Maple Shade Drive (the "Property"); and
12
13 WHEREAS, Cellco Partnership d/b/a Verizon Wireless ("Cellco") has entered into a
14 lease agreement with Dominion Energy for attachment of Cellco's equipment to the
15 transmission tower (the "Tower") owned by Dominion and located on the Property; and
16
17 WHEREAS, Cellco desires to lease from the City a 25'x 35' portion of the Property
18 adjacent to the Tower (the "Premises"), together with the right of ingress and egress to
19 access the Premises, for the installation, maintenance and replacement of necessary
20 equipment associated with the wireless facilities; and
21
22 WHEREAS, the City's lease of the Premises would allow Cellco to continue and
23 enhance its operation of certain facilities for the purpose of providing wireless
24 telecommunications services to the general public.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the City Manager is hereby authorized to execute a lease for a term of five (5)
30 years with four (4) five-year renewal options, between Cellco Partnership d/b/a Verizon
31 Wireless for the Site, in accordance with the Summary of Terms attached hereto as Exhibit
32 A and made a part hereof, and such other terms, conditions or modifications as may be
33 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of
36 October 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Public Wor /Facilities Management Cit Attorne s Office
✓
CA14388
R-1
September 19, 2018
EXHIBIT A
SUMMARY OF TERMS
Ground Lease for Cellco Partnership d/b/a Verizon Wireless
Location: 1952 Maple Shade Drive (near the 2500 block of Holland Road)
Lessee: Cellco Partnership d/b/a Verizon Wireless
Premises: 25'x 35' site, together with the right of ingress and egress necessary
to access the site.
Use: Cellco will maintain and operate wireless telecommunications facilities
located on Dominion Energy ("Dominion") transmission tower (the
"Tower"). Antennas are on top of the existing Tower under a
separate lease agreement between Cellco and Dominion.
Term: Initial five(5)year term, with four(4)additional renewal options of five
(5) years each (maximum total of 25 years).
Rent: $12,000.00 for the first year, paid within ninety (90) days of the
Effective Date, with annual 2.5% escalation.
Insurance: Lessee must maintain Commercial General Liability insurance in the
amount of $5,000,000, in addition to other liability insurances as
required by Risk Management.
Termination: Lease may be terminated upon sixty (60) days' written notice to the
other party for reasons as stated in the lease.
Other: Lessee required to remove facilities and restore site to original
condition upon expiration or termination of lease.
Lessee required to post a surety bond in the amount of $10,000 for
the timely removal of the facilities at expiration of the lease.
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City of Virginia Beach
12
OF OUR NAl`°N
VBgov corn
October 3, 2018
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE MOSSJOHN4COX.NET
In Reply Refer to 0063931
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on the ordinance to authorize the City Manager to execute a long-term
ground lease for a portion of City-owned property located at 1952 Maple Shade
Drive to Cellco Partnership d/b/a Verizon Wireless for the purpose of maintaining
and operating wireless telecommunications facilities. The equipment that is the
subject of this ordinance is to be located on a Dominion Energy transmission
tower, pursuant to a lease between Cellco and Dominion.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. I wish to disclose this interest, and I abstained from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
John D. Moss
Councilmember
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
43
ITEM-VI-J.4
ORDINANCES/RESOLUTIONS
ITEM#68547
Upon motion by Vice Mayor Wood, seconded by Councilman Davenport, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement re the
City and City Sister Cities Association of Virginia Beach, Inc. (SCAVB) re responsibilities and
obligations
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
REQUESTED BY VICE MAYOR WOOD
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE A REVISED AGREEMENT BETWEEN THE CITY
3 AND SISTER CITIES ASSOCIATION OF VIRIGNIA BEACH,
4 INC.
5
6 WHEREAS, the Sister City concept was introduced by President Eisenhower in
7 1956 to foster greater friendships and understanding between the people of the United
8 States and other nations through the medium of direct personal contact;
9
10 WHEREAS, the City has established Sister City relationships with the following
11 localities: Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern
12 Ireland; Olongapo, Philippines; and Waiblingen, Germany;
13
14 WHEREAS, these Sister City relationships promote international cooperation,
15 friendships, and cultural and educational exchanges with economic and tourist
16 development activities;
17
18 WHEREAS, for many years, the Mayor's Sister City Commission served as the
19 City's Sister City organization, but in 2010, the commission was reorganized as the Sister
20 Cities Association of Virginia Beach ("SCAVB"), which subsequently qualified for federal
21 tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is
22 governed by a Board of Directors;
23
24 WHEREAS, the purpose of the SCAVB is to foster international understanding,
25 friendship and cooperation through the forging of continuing relationships and the
26 promotion of people-to-people exchanges between the City and its sister cities, and these
27 purposes are exclusively educational and charitable;
28
29 WHEREAS, in order to memorialize the responsibilities and obligations of the City
30 and the SCAVB with respect to the City's Sister Cities program, on December 12, 2017,
31 the City Council adopted an ordinance authorizing the City Manager to execute an
32 agreement between the City and SCAVB;
33
34 WHEREAS, that agreement required SCAVB to appoint former City Clerk and
35 longtime Sister Cities leader Ruth Hodges Fraser as Executive Director and to also pay
36 her a monthly stipend;
37
38 WERHEAS, SCAVB appointed Mrs. Fraser as Executive Director, but Mrs. Fraser
39 and SCAVB subsequently agreed that Mrs. Fraser would not receive a stipend, and that
40 change necessitated a revision of the agreement;
41
42 WHEREAS, this revised agreement also includes revised text reflecting the
43 amount of the City's donation to SCAVB that the City Council authorized when it adopted
44 its FY19 operating budget in May of this year; and
45
46 WHEREAS, the City and the SCAVB wish to adopt the revised agreement to
47 accurately memorialize the responsibilities and obligations of the City and the SCAVB
48 with respect to the City's Sister Cities program.
49
50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
51 VIRGINIA BEACH, VIRGINIA:
52
53 That the City Manager is hereby authorized to execute the revised Agreement
54 between the City and the Sister Cities Association of Virginia Beach, Inc., a copy of which
55 is attached hereto.
56
57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of
58 October 2018.
APPROVED AS TO LEGAL
SUFFICIENCY:
Deputy City Attorney erick R. Ingram
City Attorney's Office
CA14537
R-1
September 25, 2018
MEMORANDUM OF UNDERSTANDING
between the
CITY OF VIRGINIA BEACH
and the
SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, INC.
This Memorandum of Understanding ("MOU"), executed this day of
, 2018, is made by and between the City of Virginia Beach, a municipal
corporation of the Commonwealth of Virginia ("City"), and the Sister Cities Association of
Virginia Beach, Inc. ("SCAVB"), a non-profit Virginia non-stock corporation located in
Virginia Beach, Virginia. This MOU supersedes and replaces the MOU signed on February
26, 2018.
RECITALS
WHEREAS, the Sister City concept was introduced by President Eisenhower in 1956
to foster greater friendships and understanding between the people of the United States and
other nations through the medium of direct personal contact;
WHEREAS, the City has established Sister City relationships with the following
localities: Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern
Ireland; Olongapo, Philippines; and Waiblingen, Germany;
WHEREAS, the City acknowledges the importance of Sister City relationships for the
purpose of international understanding, friendships, cultural and educational exchanges with
economic and tourist development activities;
WHEREAS, for many years, the Mayor's Sister City Commission served as the City's
Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which
subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal
Revenue Code and is governed by a Board of Directors;
WHEREAS, the purpose of the SCAVB is to foster international understanding,
friendship and cooperation through the forging of continuing relationships and the promotion
of people-to-people exchanges between the City and its sister cities, and these purposes are
exclusively educational and charitable; and
WHEREAS, the City and the SCAVB wish to memorialize the responsibilities and
obligations of the City and the SCAVB with respect to the City's Sister Cities program.
AGREEMENT
The City and the SCAVB, for and in consideration of their mutual efforts to support
the City's Sister Cities program, agree as follows:
1
1. CITY OBLIGATIONS
A. The City agrees to donate to the SCAVB $42,500 per year for the fiscal year beginning
July 1, 2018. The City's donations will be by semi-annual payments of$21,250 to be paid
in January and July of each year.
B. The City will provide the Executive Director with a dedicated office with a landline phone,
computer, printer with scan and copy features, a small conference table with chairs, and
storage space in a building within the City's Municipal Center on Courthouse Drive. The
City, through its City Manager, will have the sole discretion to determine the location of
the office within the Municipal Center.
C. Because the City—and not the SCAVB—is a member of Sister Cities International, the
City will continue to pay the City's annual dues to Sister Cities International.
D. The City shall procure and pay for all Sister City travel-related expenses for City elected
officials, appointed officials or employees in accordance with the City's travel policies and
procedures.
E. All of the City's financial obligations detailed above are subject to annual appropriations
of adequate funding by future actions of future City Councils.
2. SCAVB OBLIGATIONS
A. The SCAVB has appointed an Executive Director of the SCAVB. The SCAVB shall
arrange, procure and pay for all SCAVB-related travel expenses of the Executive Director.
B. The SCAVB shall authorize the Executive Director to serve as Sister Cities International's
state representative for the Commonwealth of Virginia when appointed to serve in that
capacity by the Sister Cities International Board of Directors.
C. The SCAVB shall continue to solicit SCAVB sponsorships and members and may assign
that task to the Executive Director.
D. The SCAVB shall ensure that the Executive Director coordinates all Sister Cities visits (to
or from the City) with the Mayor's office and timely informs the City of any anticipated
travel by City officials, appointees or employees so City staff may obtain and pay for such
travel as provided for in subsection 1.D. above.
E. The SCAVB shall ensure that the Executive Director provides the City Council with an
annual report of the SCAVB's activities.
2
3. ADDITIONAL PROVISIONS
A. It is understood and agreed between the City and the SCAVB that the City shall be bound
and obligated hereunder only to the extent that the funds shall have been appropriated and
budgeted for the purpose of this MOU. In the event funds are not appropriated and budgeted
in any fiscal year for City financial contributions due to the SCAVB under this MOU, the
City shall immediately notify the SCAVB of such occurrence, and this MOU shall
terminate on the last day of the fiscal year for which appropriations were received without
penalty or expense to the City of any kind whatsoever.
B. In the performance of this MOU, both the City and the SCAVB will be acting in an
individual capacity and not as agents, employees, partners or joint venturers or associates
of one another. The agents or employees of one shall not be construed to be the agents or
employees of the other.
C. Neither the City nor its agents, volunteers, servants, employees or officials shall be
responsible or liable for any claim or suit arising from contracts, agreements,
understandings or arrangements made by the SCAVB with any person or entity covering
services or goods procured by the SCAVB, or for the negligent or willful acts of the
SCAVB.
D. The initial term of this MOU shall be for five years, effective July 1, 2018 through June
30, 2023, subject to the right of either party to terminate this MOU at any time by giving
the other party at least ninety(90) days written notice, in advance, of its intent to terminate.
In the absence of such termination, upon the expiration of the initial term and upon the
expiration of each successive term thereafter,this MOU shall automatically extend for five-
year terms.
E. The parties agree that if there is a dispute as to any provision of this MOU or if either party
materially breaches or fails to perform its obligations under this MOU,the other party may
give notice in writing of the dispute or material breach. The parties agree to meet to resolve
the dispute or material breach within thirty (30) days of receipt of the notice.
F. Any notice or notices required or permitted to be given pursuant to this MOU shall be given
by certified mail, postage prepaid, return receipt required, as follows:
To the City: Virginia Beach City Manager
2401 Courthouse Drive
Municipal Center, Building 1
Virginia Beach, VA 23456
To the SCAVB: President
Sister Cities Association of Virginia Beach
2408 Courthouse Drive Room 138
Municipal Center, Building 21
3
Virginia Beach, VA 23456
G. This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters
whether of validity, interpretations, obligations, performance or otherwise exclusively by
the law of the Commonwealth of Virginia, and all question arising with respect thereto
shall be determined in accordance with such laws. Regardless of where actually delivered
and accepted,this MOU shall be deemed to have been delivered and accepted by the parties
in the Commonwealth of Virginia. The VBASC shall comply with all federal, state and
local statues, ordinances, and regulations now in effect or thereafter adopted, in the
performance of its obligations set forth herein. Any and all suits for any claims or for any
and every breach of dispute arising out of this MOU shall be maintained in the appropriate
court of competent jurisdiction in the City of Virginia Beach.
H. Any provision of this MOU which is prohibited or unenforceable shall be ineffective only
to the extent of such prohibition or unenforceability without invalidating the remaining
provisions thereof.
I. The parties agree that this writing constitutes the entire agreement of the parties and that
there may be no modification to this MOU, except in writing, executed by the authorized
representatives of the City, upon City Council concurrence, and the SCAVB.
J. Neither party shall, without the prior written consent of the other party, assign, delegate, or
otherwise transfer, in whole or in part, this Agreement or any rights or obligations arising
hereunder.
K. The SCAVB does not currently, and shall not during the performance of this Agreement,
knowingly employ an unauthorized alien, as defined in the federal Immigration Reform
and Control Act of 1986.
L. The City does not discriminate against faith-based organizations.
As evidenced by their agreement to the terms and conditions set forth herein, the parties affix
their authorized signatures hereto:
CITY OF VIRGINIA BEACH SISTER CITIES ASSOCIATION OF VIRGINIA
BEACH
By By
City Manager David L. Hansen
(Name)
SCAVB President
4
Approved as to Risk Management: Approved as to Legal Sufficiency:
Risk Manager City Attorney's Office
5
44
TEM-VI-J.5
ORDINANCES/RESOLUTIONS
ITEM#68548
Upon motion by Vice Mayor Wood, seconded by Councilman Davenport, City Council ADOPTED, BY
CONSENT, Ordinance to ESTABLISH Capital Improvement Project 2-159 "Parliament Drive Sidewalk
Phase H"; and, ACCEPT and APPROPRIATE Federal Pass-Through Funding from VDOT to Capital
Project 2-11, 4-064 and 2-159 and, to TRANSFER funds from Capital Project 2-11 to Capital Project 2-
159
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT
2 PROJECT 2-159, "PARLIAMENT DRIVE SIDEWALK,
3 PHASE II," TO ACCEPT AND APPROPRIATE FEDERAL
4 PASS-THROUGH FUNDING FROM THE VIRGINIA
5 DEPARTMENT OF TRANSPORTATION TO CAPITAL
6 PROJECTS 2-111, 4-064, AND 2-159, AND TO TRANSFER
7 FUNDS FROM CAPITAL PROJECT 2-111 TO CAPITAL
8 PROJECT 2-159
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA, THAT:
12
13 1. Capital Improvement Project (CIP) # 2-159 "Parliament Drive Sidewalk
14 Phase II," is hereby established as a capital project in the FY 2018-19 Capital
15 Improvement Program.
16
17 2. $151,000 in federal revenue is hereby accepted and appropriated to CIP #
18 2-111, "Traffic Safety Improvements IV," in the FY 2018-19 Capital Improvement Program
19 for a concrete sidewalk at two locations along the south side of South Boulevard between
20 Independence Boulevard and Expressway Drive and a concrete sidewalk on the north
21 side of Euclid Road between Onondaga Road and Kellam Road.
22
23 3. $170,000 in federal revenue is hereby accepted and appropriated to CIP #
24 4-064, "City Bikeways and Trails Plan Implementation II," in the FY 2018-19 Capital
25 Improvement Program for an asphalt path connecting the eastern end of Violet Bank
26 Drive to Selwood Drive and an asphalt path connecting the Sherwood Lakes and
27 Highgate Greens neighborhoods to Three Oaks Elementary School.
28
29 4. $280,306 in federal revenue is hereby accepted and appropriated to CIP #
30 2-159, "Parliament Drive Sidewalk, Phase II," in the FY 2018-19 Capital Improvement
31 Program for a concrete sidewalk along the southern side of Parliament Drive from Green
32 Kemp Road to the Arrowhead Plaza Shopping Center.
33
34 5. $299,570 is hereby transferred from CIP # 2-111, "Traffic Safety
35 Improvements IV," to CIP # 2-159.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of
October 2018.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: AP BLED AS TO LEGAL SUFFICIENCY:
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R-1
September 17, 2018
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45
ITEM-VI-J.6
ORDINANCES/RESOLUTIONS
ITEM#68549
Upon motion by Vice Mayor Wood, seconded by Councilman Davenport, City Council ADOPTED, BY
CONSENT, Ordinance to CARRY FORWARD and APPROPRIATE$1,681,238 in various departments
re previously approved funds from the FY 2017-2018 Operating Budget.
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
1 AN ORDINANCE TO CARRY FORWARD AND
2 APPROPRIATE $1,681,238 FOR PURPOSES
3 PREVIOUSLY APPROVED IN FY 2017-18 INTO FY 2018-19
4 OPERATING BUDGET
5
6 WHEREAS, funding totaling $1,681,238 was unexpended at the close of Fiscal
7 Year 2017-18 and require re-appropriation to achieve the purposes for which such funds
8 were included in the FY 2017-18 Operating Budget.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 That $1,681,238 is hereby appropriated in the FY 2018-19 Operating Budget for
14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2017-18
15 Items Requested for Carry Forward into FY 2018-19," with a corresponding increase in
16 specific fund reserve revenue from each respective fund stated therein.
Requires an affirmative vote by a majority of all the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of
October , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City AttoMrOffice
CA14534
R-1
September 19, 2018
CITY OF VIRGINIA BEACH,VIRGINIA 9/10/2018
FY 2017-18
OPERATING BUDGET
CARRY FORWARD REQUESTS
Exhibit A: FY 2017-18 Items Requested for Carry Forward into FY 2018-19
Department Amount Purpose/Comments
GENERAL FUND
Public Health $ 69,878 Installation costs of new budgeted Panoramic Machine.
Strategy,Transparency,Innovation& $ 41,000 Equip new Strategy,Transparency,Innovation&Resiliency Office
Resiliency Office space in Building 21.
Cultural Affairs $ 25,000 Matching Grant Incentive Program to help fund building,facade,
property,and technology improvements for businesses.
Fire $ 121,002 Fort Story Extractor&washer,station alerting system,and Aid to
Localities(ATL)funds.
Information Technology $ 100,000 Build out and equipment for 4801 Columbus Street.
Human Services $ 51,423 Unspent balance in Complex Care Program. Provides residential
services for individuals with behavioral health diagnoses and
needing additional supervision.
Department of Aquarium,Historic Houses, $ 95,000 Design a mobile application for Aquarium guests,Installation of
and Museums/Aquarium Marketing Digital Lobby Signage,and the install of wireless access points in
the Aquarium.
Department of Aquarium,Historic Houses, $ 19,559 Purchase and install hardware for the Aquarium's ticketing
and Museums/Aquarium Guest Operations system EVM-PCI compliance upgrade.
Convention&Visitors Bureau $ 152,672 Funds for two shuttles as approved by City Council on June 5th,
2018.
Commonwealth Attorney's $ 8,164 To continue implementation of the Body Worn Camera/In-car
Camera project which is anticipated to be live in July.
Police $ 169,707 To continue implementation of the Body Worn Camera/In-car
Camera project which is anticipated to be live in July.
$ 853,405 TOTAL GENERAL FUND
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Police/DEA Uniform Patrol $ 365,282 To continue implementation of the Body Worn Camera/In-car
Camera project which is anticipated to be live in July.
Police/DEA Special Investigative Unit $ 33,500 Forfeiture funds from the Department of Criminal Justice
allocated to purchase K9s and confidential funds to pay
informants.
$ 398,782 TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND
PARKS AND RECREATION
Parks&Recreation/Planning,Design,and $ 50,000 To equip the Conference Room in the new Administrative
Development Building.
$ 50,000 TOTAL PARKS AND RECREATION
1 of 2
CITY OF VIRGINIA BEACH,VIRGINIA 9/10/2018
FY 2017-18
OPERATING BUDGET
CARRY FORWARD REQUESTS
Exhibit A: FY 2017-18 Items Requested for Carry Forward into FY 2018-19
Department Amount Purpose/Comments
WATER AND SEWER FUND
Public Utilities/Business Division $ 22,702 Expansion requires a Smartboard setup for six new computers.
$ 22,702 TOTAL WATER AND SEWER FUND
WASTE MANAGEMENT ENTERPRISE FUND
Public Works/Waste Management $ 200,000 Waste Management work order system including mobile dispatch
which was approved FY 2017-18.
$ 200,000 TOTAL WASTE MANAGEMENT ENTERPRISE FUND
STORM WATER UTILITY ENTERPRISE FUND
Public Works/SWU-Operations Maintenance $ 150,000 Replacement cement silo.
$ 150,000 TOTAL STORM WATER UTILITY ENTERPRISE FUND
EMERGENCY MANAGEMENT GIFT FUND
Office of Emergency Management $ 6,349 Donations to provide support to the VBCERT Program made to
the Office of Emergency Management.
$ 6,349 TOTAL EMERGENCY MANAGEMENT GIFT FUND
$ 1,681,238 TOTAL CARRY OVERS
2 of 2
46
ITEM-VI-17
ORDINANCES/RESOLUTIONS
ITEM#68550
The following registered to speak:
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED Ordinance
to ACCEPT and APPROPRIATE $1-Million from VDOT re Capital Project 2-026 "Street
Reconstruction II"for Road Paving Projects
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDING FROM THE VIRGINIA DEPARTMENT OF
3 TRANSPORTATION TO CAPITAL PROJECT 2-026,
4 "STREET RECONSTRUCTION II," FOR ROAD PAVING
5 PROJECTS
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA, THAT:
9
10 1. $1,000,000 is hereby accepted from the Virginia Department of
11 Transportation and appropriated, with state revenues increased accordingly, to CIP # 2-
12 026, "Street Reconstruction II,"for the paving of Virginia Beach Boulevard Eastbound and
13 Westbound lanes between Northridge Drive and Aragona Boulevard.
14
15 2. The Council acknowledges the local funds necessary to complete the
16 balance of this paving project are available from existing appropriations in CIP # 2-026.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of
October 2018.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J _ --
Budget and Management Services City Atto ne 's Office
CA14532
R-1
September 17, 2018
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47
ITEM-VI-J.8(ADD ON)
ORDINANCES/RESOLUTIONS
ITEM#68551
The following registered to speak.•
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED
RESOLUTION to AUTHORIZE a grant of$5,000 to Fil Fest USA, Inc.,for the fourth annual Fil Fest
USA
Voting: 8-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, and Vice
Mayor James L. Wood
Council Members Absent:
Shannon DS Kane
Rosemary Wilson
October 2, 2018
1 A RESOLUTION TO AUTHORIZE A GRANT OF $5,000 TO
2 FIL FEST USA, INC., FOR THE FOURTH ANNUAL FIL FEST
3 USA
4
5 WHEREAS, Fil Fest USA, Inc. has requested a micro-grant from the City of Virginia
6 Beach; and
7
8 WHEREAS, the FY2018-19 Non-Departmental Budget included an appropriation
9 of funds for micro-grants;
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That a grant of $5,000 is hereby authorized from the FY 2018-19 Non-
15 Departmental Operating Budget to Fil Fest USA, Inc. to assist in the Fourth Annual Fil
16 Fest USA showcasing Filipino spirit and culture.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of
October 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley E3arfa Marm6yeer
Budget and Management Services City Attorney's Office
CA14540
R-1
October 1, 2018
48
ITEM VI-K.
APPOINTMENTS
ITEM#68552
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION
HISTORIC REVIEW BOARD
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
STORMWATER APPEALS BOARD
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
October 2, 2018
49
ADJOURNMENT
ITEM#68553
Mayor Louis R. Jones, DECLARED the City Council Meeting ADJOURNED at 7:14 P.M.
T- _ - -
Chief Deputy City C el rk
f)
A and� n-s MM Louis R. Jones
City Clerk Mayor
City of Virginia Beach
Virginia
October 2, 2018
50
OPEN DIALOGUE
The following registered to speak:
Maren Valerio, 1189 Paramore Drive, Phone: 434-4535, spoke in SUPPORT of hiring more police
officers and increasing their salaries.
Joan Goyette, 3216 Club House Circle, Phone: 739-3216, expressed concerns about the development of
the Sports Complex
Barbara Messner, P.O. Box 514, expressed concerns about Boards and Commissions Appointments not
being made during this meeting
Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, expressed concerns about internet tax
increases included in the Legislative Agenda
Mrs. Marsh, 4382 Lynnville Avenue, Phone: 270-7900, expressed concerns about tax increases and the
increase of unfunded liabilities
Sharon Krause,Ashville Park resident, spoke in OPPOSITION to the proposed Ward District system
THE OPEN DIALOGUE CONCLUDED AT 7:35 PM.
October 2, 2018