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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 24, 2022
Mayor Robert M.Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City
Hall, on Tuesday, May 24, 2022, at 3:00 P.M
Council Members Present:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
2
CITY COUNCIL'S BRIEFINGS
UNFUNDED PENSION LIABILITIES
ITEM#72911
3:01 P.M.
Mayor Dyer welcomed David P. Rose, Senior Vice President and Manager of Public Finance-Davenport
& Company. Mr. Rose expressed his appreciation to City Council for their continued support:
h„_ Discussion Materials Prepared for the City of Virginia Beach,Virginia
Briefing on the City's Credit Standing and
Long-term Liabilities
7k/B
Virginia Beach
DAVENPORT pl
Introduction
wrr.
•Davenport&Company LLC("Davenport"),headquartered in Richmond,Virginia with offices in Virginia Beach
and other Hampton Roads communities,is a 160+year old,independent,privately-owned investment
advisory firm.
•Davenport serves as an independent,Financial Advisor to more cities,counties and towns in Virginia than all
other Financial Advisory firms.
•Davenport&Company LLC("Davenport")was tasked by the City of Virginia Beach,VA(the"City")to prepare
the enclosed information on the City's Credit Standing,which includes long-term liabilities.
DAVENPORT x COMPANY
May 24, 2022
3
CITY COUNCIL'S BRIEFINGS
UNFUNDED PENSION LIABILITIES
ITEM#72911
(Continued)
Here are the Sources Used in the Analysis:
Sources Used in Our Analysis •
•Our briefing is based on publicly available information that includes the following:
—Audited financial statements of the City and the Virginia Beach Public Schools(the"School Board"):
—Audited financial statements of Virginia Retirement System("VRS");
—Virginia Beach's Credit Rating reports from the three National Credit Rating Agencies(Moody's Investors
Service,S&P Global Ratings,and Fitch Ratings),all of which rate the City in the highest rating category:
"Aaa/AAA/AAA";
—The Commonwealth of Virginia's Credit Rating reports from the three National Credit Rating Agencies
(Moody's Investors Service,S&P Global Ratings,and Fitch Ratings),all of which rate the Commonwealth in
the highest rating category:"Aaa/AAA/AAA";and
—Conversations with key Virginia Beach stakeholders.
Dwvnero•Y t COMPANY
The Purpose of Our Briefing
•The purpose of our Briefing is to provide perspective on:
—How independent,industry-recognized and accredited experts view the City's long-term liabilities including
pensions,other post-employment benefits(OPEB)and debt levels;
—How the City's pensions are being funded;
—The status of the City's pension funding levels;and
—The City's available cash flow as represented by the Unassigned Fund Balance,which is shown in the City's
audited financial statements.
• Note:These funds are available to the City in the event of an unexpected shortfall in annual revenues
and/or unanticipated negative economic event(s).
DwvirPOrr t COMPANY
May 24, 2022
4
CITY COUNCIL'S BRIEFINGS
UNFUNDED PENSION LIABILITIES
ITEM#72911
(Continued)
The City has the highest credit rating from all three(3)National Credit Rating Agencies:
Virginia Beach's Credit Standing
•The City enjoys the highest Credit Ratings from all three National Credit Rating Agencies:Moody's Investors
Service(Aaa),S&P Global Ratings(AAA),and Fitch Ratings(AAA).
Moody's S&P Global Fitch
Investors Service Ratings Ratings
Aal AA+ AA+
Aa2 AA AA -.-
Aa3 AA- AA-
Al A+ A+
A2 A A
A3 A- A-
Baal.. +. +
Baa2 BBB y BBB
Baa3 -_�-- BBB-
Non Investment Grade
Dwvexrosa&Cosorwi+v
The next two (2)slides provide an overview of Credit Criteria:
Credit Criteria
•The National Credit Rating Agencies provide an independent assessment of the City's credit quality based on
an evaluation of a variety of factors in the following key categories:
Criteria Weight ng
Economy/Tax Base
Finances These categories account for about 80%of the rating assessment
Management
Debt/Pensions/OPEB .Debt/Pensions/OPEB represents about 20%of the rating assessment
DAVIN►OST&CoseANY
May 24, 2022
5
CITY COUNCIL'S BRIEFINGS
UNFUNDED PENSION LIABILITIES
ITEM#72911
(Continued)
Credit Rating Agencies I Key Observations with Respect to NR
the City's Long-term Liabilities 1 Mew
•The overwhelming majority of the localities and school boards in the Commonwealth of Virginia-including
Virginia Beach and its School Board-participate in the Virginia Retirement System(VRS).
•The Commonwealth of Virginia,like the City of Virginia Beach,enjoys"AAA"credit ratings from all three
National Credit Rating Agencies.
—As noted later herein,one of the key factors in this assessment is adequate pension and other long term
liability funding levels(i.e.satisfying/meetingthe Actuarially Determined Contribution in full each year).
—The Commonwealth of Virginia is one(1)of only eleven(11)"AAA"states.
•The VRS annually dictates to all participating entities the Actuarially Determined Contributions("ADC")
necessary to maintain strong and sustainable long-term funding for their members'pensions.
DAVENPORT at COMPANY ----------- -------- ----------------- - .__
Here is an overview of Virginia Retirement System (VRS) Contractually Required Actuarially Determined
Contribution (ADC)for Virginia Beach:
VRS Contractually Required ADC for Virginia Beach
•Both the City and Schools make 100%of the VRS
Contractually Required ADC for their Pensions and OPEB
obligations.
VRS Contractually Required ADC vs
Virginia Beach Actual Contributions
•The ADC paid by the City and School Board is equal to $100
the Normal Cost(i.e.the annual ongoing cost of benefits ;suo
f
accruing to active participants)plus an amortization of $120
the plans'Unfunded Actuarial Accrued Liability(UAAL)111. soon
Sao
—Selected variables that could affect the UAAL.
seo
Investment performance relative to Discount Rate, .
Changes in the Discount rate(VRS assumes 6.75%), seo
111
Changes in benefits,Changes in Actuarial $20
Assumptions. 10
2011 2018 2019 2020 2023
aar•Ciy ADC Non-Plot ADC
•If all of the Actuarially Determined Contributions are ...School Pm(ADC a vxs Conbaoh,myaequned ADC
satisfied,and the underlying actuarial assumptions are Source Virginia Beach FY 2021 ACRt
exactly realized during the course of the 26-year period,
the City's and School Board's Unfunded Actuarial
Liability(UAAL)would reach$0 by January 1,2046.
(1)For purpose of pension funding the legacy Unfunded Actuarial Accrued Liability(UAAL)i,amortized over a closed 30-year period beginning
June 30.2013 subsequent change in the UAAL wlll be amortized over a closed 20 year period For purposes of OPEB trust funding the
UAAL is amortized over a closed period(26 years as of January 1.2020)as a level dollar amount
DAverroa7 t COMPANY
May 24, 2022
6
CITY COUNCIL'S BRIEFINGS
UNFUNDED PENSION LIABILITIES
ITEM#72911
(Continued)
The next two (2)slides provide an overview of the Virginia Retirement System:
Virginia Retirement System
•VRS Overview:
-VRS is an independent state agency that administers a variety of pension funds on behalf of its
approximate 835 participating employers which include:
• 162 Cities and Towns-virtually all,but for a few exceptions.
• 144 School Boards-all school boards in the Commonwealth.
•93 of 95 Counties in the Commonwealth.
-Total assets under management exceed$110 Billion(as of FY 2021).
-Total VRS population is in excess of 750,000(active&inactive members,retirees and beneficiaries)
•The City and School Board participate in the Virginia Retirement System(VRS),which is an independent state
agency that administers a multi-employer,pension system(defined benefit and defined contribution),and
was founded in 1942 for the benefit of teachers and state employees.
-Political subdivisions(i.e.cities,towns,counties,etc.)were granted the option to join VRS in 1944.
DAveNPORr a Comma ----
Virginia Retirement System(cont.) NB
RMUM Mad
•VRS is considered a well run pension state retirement system(i.e.funded status of its plans have trended
upward and recently as of FY 2021 surpassed 80%for the majority of plans in the system)and is a key factor
in the Commonwealth's"Aaa/AAA/AAA"credit ratings
-80%is considered to be a"Best Practices"funding level by all three National Credit Rating Agencies and
Institutional Investors of municipal bonds.
-Note:The funded status of the City's VRS pensions is as follows.
• City Pension in VRS:76 5%
• Virginia Beach School Board(Non-Professional):86 4%
• Virginia Beach School Board(Teacher Plan):85 5%
-Debt/pensions account for approximately 25%of Moody's quantitative assessment of the
Commonwealth's credit rating.
-Based on Moody's analysis,the Commonwealth's long-term liabilities(i.e.debt and pensions)receive the
highest"Aaa"assessment.
DAVENPORT t COMPANY
May 24, 2022
7
CITY COUNCIL'S BRIEFINGS
UNFUNDED PENSION LIABILITIES
ITEM#72911
(Continued)
Credit Rating Agencies I Key Observations with Respect to
the City's Long-term Liabilities(cont.)
•All three National Credit Rating Agencies view the City's Debt/Pension Liability level as"Strong"-meaning
that the City's fixed cost(i.e.debt payments and contributions to pensions)are manageable. Key
Observations include:
•S&P 2021:
-"The rating reflects the City's Strong debt and contingent liability profile...We do not view pension and
other postemployment benefits(OPEB)liabilities as an immediate credit pressure,because required
contributions currently make up a relatively small portion of total government expenditures."
•Fitch 2021:
-"Fitch expects that the City's liability burden could rise moderately based on future debt plans.However,
the burden should not materially change based on a history of prudent debt management within
established policies,continued growth in the economic resource base,and full actuarially determined
contributions being made to the state pension plans."
•Moody's 2021:
-'Manageable overall fixed cost burden."
-"Debt and Pensions:burden will remain manageable despite a robust Capital Plan."
DAVENPORT a Cowwur
Here is a summary of Virginia Beach's Available Cash Flow and Key Reserves:
Virginia Beach's Available Cash Flow and Key Reserves1/13
•The City has well established financial policies which address long term liabilities,as well as,available cash flow/key
reserves.
•The City has routinely met or exceeded all of these key policies-which has further bolstered Virginia Beach's'AAA"
credit ratings.
•Unassigned Fund Balance/cash reserves is a critical component in the City's annual operations and is a key metric in
assessing its credit standing,
•As of FY2021,the City had nearly$111 million of funds available in the event of an emergency and/or cash flow needs.
-This amount is in compliance with the City's fund balance policy.
•In addition,the City is in compliance with its debt policies.The City's debt service as a percentage of its operating
expenditures is approximately 6%(i.e.6$per every$1).
-Note:Typical industry-wide best practices suggest no more that 104-12$cents per every$1.
•The City and the School Board have Joined the Virginia Pooled OPEB Trust Fund(established in 2008)for the purpose of
accumulating and investing assets to fund OPEB obligations in accordance with Article 8,Chapter 15,Subtitle II of Title
15.2 of the Code of Virginia,which is in keeping with GFOA"Best Practices'.
Mammon*COMPANY
May 24, 2022
8
CITY COUNCIL'S BRIEFINGS
UNFUNDED PENSION LIABILITIES
ITEM#72911
(Continued)
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DellrrokT k COMPANY
Mayor Dyer expressed his appreciation to Mr. Rose for the presentation.
May 24, 2022
9
CITY COUNCIL'S BRIEFINGS
PROPOSED AMENDMENTS TO NOISE ORDINANCE
ITEM#72912
3:23 P.M.
Mayor Dyer welcomed Mark D. Stiles, City Attorney. Mr. Stiles expressed his appreciation to City Council
for their continued support and distributed a copy of the proposed Ordinance to Amend Chapter 23,Article
II of the City Code, Pertaining to Noise, attached hereto and made a part of the record:
Proposed Amendments
to City Noise
Ordinance
CITY COUNCIL WORKSHOP PRESENTATION
MAY 24.2022
Here is the Purpose of Revisions:
PURPOSE OF REVISIONS
Address concerns of residents,visitors,and business community
2 Streamlined enforcement with reduced reliance on specialized
sound meter equipment
II Establish hybrid penalty structure utilizing civil penalties for some
violations while preserving criminal penalties for repeat or severe
violations
May 24, 2022
10
CITY COUNCIL'S BRIEFINGS
PROPOSED AMENDMENTS TO NOISE ORDINANCE
ITEM#72912
(Continued)
Here is an overview of the Proposed Ordinance:
PROPOSED ORDINANCE
• Builds upon review of noise ordinances in other Virginia localities
• Content Neutral and Objective
• Developed in collaboration with:
• City Manager's Office
• Resort Management Office
• Police Department
• City Attorney's Office
CONTENTS
• 23-64.Definitions
• 23-65.Administration and Enforcement
• 23-66.Specific Prohibitions (Civil Violations)
• 23-67.Noise Violations Measured by Sound Level Meter(Criminal Violations)
• 23-68.Measurement Procedures for Criminal Violation
• 23-69.Violations and Penalties
• 23-70.Exceptions
May 24, 2022
11
CITY COUNCIL'S BRIEFINGS
PROPOSED AMENDMENTS TO NOISE ORDINANCE
ITEM#72912
(Continued)
Here are the Key Changes:
KEY CHANGES
PLAINLY AUDIBLE STANDARD
AMPLIFIED SOUND ENFORCEMENT
CRIMINAL AND CIVIL PENALTIES
The next two (2)slides provide an overview of"Plainly Audible Standard":
PLAINLY AUDIBLE STANDARD
Plainly audible means any
sound that can be heard by
the human ear with or :> Specific words or phrases
without a medically approved
ig need not be discernible.
hearing aid or device.
The detection of bass
reverberations is sufficient to The sound must not be so
constitute a plainly audible faint that its source cannot
sound. be identified.
May 24, 2022
12
CITY COUNCIL'S BRIEFINGS
PROPOSED AMENDMENTS TO NOISE ORDINANCE
ITEM#72912
(Continued)
PLAINLY AUDIBLE STANDARD
Prohibits noise Replaces dBA Addresses
that is"plainly minimum while 4 concerns of
audible for ft inside enclosed residents in multi-
certain places and residence family dwellings
times
Here is a comparison of the Current and Proposed Ordinance pertaining to Amplified Sound:
AMPLIFIED SOUND
Current Ordinance
Violation if noise exceeds 75 dBA from ,C t pm to lam
oposed Ordinance
V laion if can be heard from Addresses con+ : : sito :
fry:#Opm to lam
May 24, 2022
13
CITY COUNCIL'S BRIEFINGS
PROPOSED AMENDMENTS TO NOISE ORDINANCE
ITEM#72912
(Continued)
Here is a comparison of the Current and Proposed Ordinance pertaining to Criminal and Civil Penalties:
CRIMINAL AND CIVIL PENALTIES
Current Ordinance Proposed Ordinance
• Punishable by Class 3 • Civil penalties for specific
misdemeanor for first offense prohibitions based on"plainly
audible standard"
• Class 2 misdemeanor for • Criminal penalty for noise
subsequent offense over certain dBA inside
dwelling unit or in public area
QUESTIONS?
Mayor Dyer expressed his appreciation to Mr. Stiles for the presentation.
May 24, 2022
1 AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE II OF
2 THE CITY CODE, PERTAINING TO NOISE
3
4 SECTIONS AMENDED: §§ 23-63, -64, -65, -66, -67, -68, -69, -70,
5 AND -71
6
7 SECTIONS REPEALED: §§ 23-72, AND -73
8
9 WHEREAS, certain noise is a hazard to public health, welfare, peace and safety
10 and the quality of life of the citizens of Virginia Beach; and
11
12 WHEREAS, the residents of and visitors to the City of Virginia Beach are entitled
13 to and should be ensured of an environment free from noise that jeopardizes public
14 health, welfare, peace and safety or degrades the quality of life; and
15
16 WHEREAS, it is the policy of the City of Virginia Beach to protect the health,
17 welfare, peace and safety of its residents and visitors and to promote an environment free
18 from sound and noise disruptive of peace and good order;
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22
23 That Sections 23-63, -64, -65, -66, -67, -68, -69, -70, AND -71 of the Code of the
24 City of Virginia Beach, Virginia, are hereby amended and ordained to read as follows:
25
26
27 Chapter 23. OFFENSES
28
29 ARTICLE I. MISCELLANEOUS OFFENSES
30
31 . . . .
32
33 ARTICLE II. NOISE
34
35
36 Sec. 23-63. Declaration of findings and policy.
37
38 The city council hereby finds and declares that certain noise is a hazard to public
39 health, welfare, peace and safety and the quality of life of the citizens of Virginia Beach;
40 that the people have a right to and should be ensured of an environment free from noise
41 that jeopardizes public health, welfare, peace and safety or degrades the quality of life;
42 and that it is the public policy of the city council to prevent such noise to the extent such
43 action is not inconsistent with state or federal law or Constitutional rights.
44
45
46
47 Sec. 23-64. Definitions.
48
49 The following words, terms and phrases, when used in this article, shall have the
50 meanings ascribed to them in this section, except where the context clearly indicates a
51 different meaning:
52
53 A-weighted sound level means the sound pressure level in decibels as measured
54 on a sound level meter using the A-weighting network. The level so read is designated
55 dB(A) or dBA.
56
57 Decibel(dB) means a unit for measuring the volume of a sound, equal to twenty(20)
58 times the logarithm to the base ten (10)of the ratio of the pressure of the sound measured
59 to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons
60 per square meter).
61
62 Dwelling unit means one (1) or more rooms arranged, designed, or intended to be
63 occupied as living quarters, having rigid exterior wall structures.
64
65 Emergency and public safety work means any work performed for the purpose of
66 preventing or alleviating physical injury, illness, or property damage, or work performed
67 by public and private service companies constructing, inspecting, and repairing utilities,
68 repairing and maintaining roads, bridges, and highways, providing snow removal, and the
69 operation of public safety and emergency vehicles.
70
71 Enclosed dwelling unit means the dwelling unit has its doors and windows closed.
72
73 Enclosed vehicle means a vehicle with all operable doors, windows, sunroof, and
74 other openings closed.
75
76 Medical care facility is defined as set forth in Section 32.1-102.1 of the Code of
77 Virginia, 1950, as amended.
78
79 Motor vehicle means every vehicle defined as a motor vehicle by§ 46.2-100 of Code
80 of Virginia (1950), as amended.
81
82 Plainly audible means any sound that can be heard by the human ear with or without
83 a medically approved hearing aid or device. Specific words or phrases need not be
84 discernible. The detection of bass reverberations is sufficient to constitute a plainly
85 audible sound. The sound must not be so faint that its source cannot be identified.
86
87 School means a public school subject to Title 22.1 of the Code of Virginia, 1950, as
88 amended, a private school serving children in one (1) or more grades between
89 kindergarten and grade twelve (12), a school for students with disabilities as that term is
90 defined in Section 22.1-319 of the Code of Virginia, 1950, as amended, a child day care
91 center as that term is defined in Section 63.2-100 of the Code of Virginia, 1950, as
•
92 amended, and any public or private institution of higher learning, as those terms are
93 defined in Section 23.1-100 of the Code of Virginia, 1950, as amended.
94
95 Sound amplifying equipment means any machine or device for the amplification of
96 the human voice, music or any other sound. This term shall not include warning devices
97 on authorized emergency vehicles, or horns or other warning devices on other vehicles
98 used only for traffic safety purposes.
99
100 Sound means an oscillation in pressure, particle displacement, particle velocity or
101 other physical parameter, in a medium with internal forces that causes compression and
102 rarefaction of that medium. The description of sound may include any characteristic of
103 such sound, including duration, intensity and frequency.
104
105 Sound generation means any conduct, activity or operation, whether human,
106 mechanical, electronic or other, and whether continuous, intermittent or sporadic, and
107 whether stationary or ambulatory in nature, which produces or results in an audible sound.
108
109 Sound level means the weighted sound pressure level obtained by the use of a
110 sound level meter and the A-frequency weighting network, as specified in American
111 National Standards Institute specifications for sound level meters.
112
113 Sound level meter means an instrument which includes a microphone, amplifier,
114 RMS detector, integrator or time averager, output meter and weighting networks used to
115 measure sound pressure levels.
116
117
118 Sec. 23-65. Administration and enforcement.
119
120 (a) The department of police shall be charged with administering and enforcing the
121 provisions of this article and may be assisted by other city departments as directed
122 by the city manager.
123 (b) Whenever an authorized enforcement officer has reason to believe that a violation
124 of any provision of this article has occurred and may re-occur, such officer may give
125 notice of the violation to the person operating or controlling a noise source in
126 violation of this article, ordering the person to take such corrective measures as are
127 necessary to prevent such re-occurrence. The notice and order shall be in writing
128 and shall be served personally upon the person to whom directed, or if not found, by
129 mailing a copy thereof by certified mail to his or her usual place of abode and
130 conspicuously posting, a copy at the premises affected by notice and order, if any.
131 (c) Nothing in this article shall prevent an authorized enforcement officer from making
132 efforts to obtain voluntary compliance through warning, conference or any other
133 appropriate means.
134
135
136
137 Sec. 23-66. Specific Prohibitions (Civil Violations).
138
139 Subject to the exceptions provided in Section 23-70, any of the following acts, or the
140 causing or permitting thereof, is declared to be a civil violation of this Article without any
141 requirement of scientific measurement of sound levels by a sound level meter or any
142 similar device. This enumeration shall not be construed to limit, in any way, the general
143 prohibitions contained in Section 23-67:
144 (a) Radios, television sets, musical instruments and similar devices. Operating, playing
145 or permitting the operation or playing of any radio, audio system in a motor vehicle,
146 television, record, tape or compact disc player, drum, musical instrument, or any
147 device capable of producing or reproducing sound, or similar device in such a
148 manner or with such volume or duration that it is plainly audible (i) inside the confines
149 of another person's enclosed dwelling unit; (ii) at a distance of 100 or more feet in
150 any direction from the operator between the hours of 7:00 a.m. and 10:00 p.m.; or
151 (iii) at a distance of 50 or more feet in any direction from the operator between the
152 hours of 10:00 p.m. and 7:00 a.m.
153 (b) Loudspeakers, public address systems, amplifiers and similar devices. Using,
154 operating or permitting the operation of any loudspeaker, public address system,
155 mobile sound vehicle, communication system, amplifier, or similar device capable of
156 amplifying sound, including any such device in a motor vehicle, for any purpose
157 between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to permit sound
158 to be plainly audible (i) inside the confines of another person's enclosed dwelling
159 unit; or (ii) at fifty (50) or more feet from the device.
160 (c) Vehicle horns, signaling devices and similar devices. Sounding or permitting the
161 sounding of any horn, whistle, signaling device, or similar device on any automobile,
162 motorcycle or other vehicle on any right-of-way or in any public space continuously
163 or intermittently for more than ten (10) consecutive seconds, except when the
164 sounding of any such device is intended as a danger warning.
165 (d) Non-emergency signaling devices. Sounding or permitting the sounding of any
166 amplified signal continuously or intermittently from any bell, chime, siren, whistle or
167 similar device intended primarily for non-emergency purposes from any one location
168 for more than ten (10)consecutive seconds in any hourly period; provided, however,
169 that this subsection shall not apply to the sounding of such devices by religious uses
170 or by public bodies or agencies for testing, traffic control or other public purposes.
171 (e) Emergency signaling devices, security, burglar and fire alarms, etc. Sounding or
172 permitting the continuous or intermittent sounding outdoors of any emergency
173 signaling device, or any security, burglar or fire alarm, siren, whistle, or similar
174 device, including without limitation any motor vehicle security alarm, siren, whistle,
175 or similar device, for a period in excess of ten (10) minutes in any residential area
176 and fifteen (15) minutes in any other area, except in response to a burglary,
177 attempted burglary, fire, or other emergency after giving notice and a reasonable
178 opportunity for the owner or person in possession of the premises served by any
179 such alarm to turn off the alarm.
180 (f) Explosive, fireworks and similar devices. Using or firing any explosives, fireworks or
181 similar devices which create impulsive sound in such a manner as to be plainly
182 audible (i) inside the confines of another person's enclosed dwelling unit; or (ii) at
183 fifty (50) or more feet from the source. An exception to this subsection may be
184 granted by the City Manager through a fireworks permit.
185 (g) Yelling, shouting, etc. Yelling, shouting, whistling or singing between the hours of
186 10:00 p.m. and 7:00 a.m. in such a manner as to permit sound to plainly audible (i)
187 inside the confines of another person's enclosed dwelling unit; or (ii) at fifty (50) or
188 more feet from the source of the sound.
189 (h) Social gatherings and parties. Allowing any noise between 10:00 p.m. and 7:00 a.m.
190 generated from a gathering of two (2) or more people that is plainly audible (i) inside
191 the confines of another person's enclosed dwelling unit; or (ii) in a residential area,
192 at fifty (50) or more feet from the gathering.
193 (i) Schools, public buildings, places of worship, and hospitals. The creation of any noise
194 on the grounds of or on any street adjacent to any school, court, public building,
195 place of worship, hospital, nursing home, or assisted-living facility while the same is
196 in use in a manner that is plainly audible within such building while it is use and
197 interferes with the operation of the institution.
198 (j) Vehicles. Operation of a motor vehicle or operation of a motorcycle within the city
199 with a gutted muffler, muffler cutout, straight exhaust, or without an exhaust in good
200 working order, as provided by Code of Virginia § 46.2-1047.
201 (k) Construction equipment, pneumatic hammer, chain saw, etc. The operation of any
202 bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill,
203 pneumatic hammer, chain saw, steam shovel, derrick, steam or electric hoist, or
204 other appliance or other construction equipment between the hours of 9:00 p.m. and
205 7:00 a.m. except as provided in section 23-70 below, or as specifically deemed
206 necessary and authorized by a written document issued by the city manager or his
207 designee.
208 (I) Animals. Allowing any animal or bird to create noise that is plainly audible at least
209 once a minute for twenty (20) consecutive minutes (i) inside the confines of another
210 person's enclosed dwelling unit; or(ii)at a distance of fifty(50)feet or more from the
211 animal or bird. This subsection shall not apply to any bona fide agricultural activity.
212 (m) Commercial vehicle and trash collection vehicle operation. The operation of a trash,
213 refuse, waste, or recycling collection vehicle, or other commercial vehicle between
214 the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible
215 inside the confines of another person's enclosed dwelling unit.
216 (n) Lawn care activities. Creating any sound or noise plainly audible inside the confines
217 of another person's enclosed dwelling unit between 10:00 p.m. and 7:00 a.m. in
218 connection with lawn care, leaf removal, gardening, tree maintenance or removal or
219 other landscaping, lawn or timbering activities.
220
221
222 Sec. 23-67. Noise violations measured by sound level meter; maximum permitted
223 levels (Criminal Violations).
224
225 In addition to the specific prohibitions of Sections 23-66 above, certain other noises
226 shall be regulated on a decibel basis as measured by a sound level meter. Subject to the
227 exceptions provided in Section 23-70, any of the following acts, or the causing or
228 permitting thereof, is declared to be a criminal violation of this Article:
229 (a) Operating, permitting, or causing any source of sound to create a sound level inside
230 the confines of another person's enclosed dwelling unit between the hours of 10:00
231 p.m. and 7:00 a.m. in excess of fifty-five (55)dBA, or between the hours of 7:00 a.m.
232 and 10:00 p.m. in excess of sixty-five (65)dBA, when measured inside the enclosed
233 dwelling unit at least four (4) feet from the wall nearest the source, with doors and
234 windows to the receiving area closed.
235 (b) Operating, permitting, or causing any source of sound to create a sound level that
236 when measured in any public area, including but not limited to any public street or
237 sidewalk, or from other private property, between the hours of 7:00 a.m. and 11:00
238 p.m. exceeds seventy-five (75) dBA, or between the hours of 11:00 p.m. and 7:00
239 a.m. exceeds sixty-five (65) dBA; provided, however that the provisions of this
240 subsection shall not apply to any outdoor performance, parade, gathering, dance,
241 concert, show, sporting event, or other event sponsored by the city or for which the
242 city has granted a permit.
243
244
245 Sec. 23-68. Sound level meter measurement procedures (Criminal Violations).
246
247 (a) The decibel level of any noise regulated on a decibel basis by this article shall be
248 measured by a sound level meter. Such measurements shall be accepted as prima
249 facie evidence of the level of noise at issue in any court or legal proceeding to
250 enforce the provisions of this article.
251 (b) The accuracy of the sound level meter may be tested by a calibrator. Any sworn
252 report of the results of any test of the calibrator for the accuracy of a sound level
253 meter shall be admissible in court in any criminal or civil proceeding, as evidence of
254 the facts therein stated.
255 (c) An individual operating a sound level meter pursuant to the provisions of this article
256 shall issue a certificate to indicate:
257 (1) That the sound level meter used to take the decibel level reading was
258 operated in accordance with the manufacturer's specifications;
259 (2) That the city has on file a sworn report which states that the sound level meter
260 has been tested within the past twelve (12) months and has been found to be
261 accurate;
262 (3) The name of the accused;
263 (4) The location of the noise;
264 (5) The date and time that the reading was made; and
265 (6) The decibel level reading.
266 (d) Such certificate, when attested by the operator taking the decibel level reading, shall
267 be admissible in court in any proceeding as evidence of the facts therein stated and
268 of the decibel level reading.A copy of the certificate shall be delivered to the accused
269 upon request.
270
271
272 Sec. 23-69. Violations and Penalties.
273
274 (a) Civil Violations. Any person who commits, permits, or assists in any violation of
275 Section 23-66 of this article, whether by act or omission, shall be liable for a civil
276 violation as follows:
277 (1) The first violation by such person shall be punished by a civil penalty in the
278 amount of$250.
279 (2) The second violation, and any subsequent violation, committed by such
280 person within one year of any previous violation shall be punished by a civil
281 penalty in the amount of$500.
282 (b) Procedures for Civil Violations.
283 (1) If an authorized enforcement officer determines that a civil violation of this
284 article has occurred, the officer may cause a notice of the violation to be
285 served on any or all persons committing, permitting, or assisting in such
286 violation.
287 (2) The notice shall provide that the person charged with a violation may elect to
288 make an appearance in person, or in writing by mail, to the treasurer of the
289 city, and admit liability for or plead no contest to the violation, abate the
290 violation, and pay the civil penalty established for the violation, all within the
291 time period fixed in the notice.
292 (3) If a person charged with a civil violation does not elect to admit liability or
293 plead no contest, and abate the violation, the violation shall be tried in the
294 Virginia Beach General District Court upon a warrant in debt or motion for
295 judgment, with the same right of appeal as provided for civil actions at law.
296 (i) In the event the violation exceeds the jurisdictional limits of the General
297 District Court, the violation shall be tried in the Virginia Beach Circuit
298 Court.
299 (4) A finding or admission of liability or a plea of no contest to a civil violation
300 shall not be deemed evidence of a criminal violation for any purpose.
301 (5) A notice of civil violation as provided in this section may be issued or had,
302 notwithstanding that no prior notice of violation and ordering of corrective
303 measures as provided in Section 23-65 has been given.
304
305 (c) Criminal Violations.
306 (1) Any person who commits, permits, or assists in any violation of Section 23-
307 67 of this article, whether by act or omission, shall be guilty of a misdemeanor
308 as follows:
309 (i) The first violation by such person shall constitute a class 2
310 misdemeanor.
311 (ii) The second violation, and any subsequent violation, committed by such
312 person within one year of any previous violation shall constitute a class
313 1 misdemeanor.
314 (2) Any person who knowingly refuses or neglects to comply with any injunction
315 order issued by a Court of competent jurisdiction or any written order to cease
316 or abate any violation of this article, issued by an authorized enforcement
317 officer pursuant to Section 23-65(b), shall be guilty of a misdemeanor as
318 follows:
319 (i) The first violation by such person shall constitute a class 2
320 misdemeanor.
321 (ii) The second violation, and any subsequent violation, committed by such
322 person within one year of any previous violation shall constitute a class
323 1 misdemeanor.
324 (d) Injunction. In addition to and not in lieu of the penalties prescribed in this section,
325 the city may apply to the Virginia Beach Circuit Court for an injunction against the
326 continuing, repeated, or intermittent violation of any of the provisions of this article
327 and may seek any other remedy or relief authorized by law.
328 (e) Each hour of a continued, repeated, or intermittent violation shall constitute a
329 separate offense, whether civil or criminal, under this article.
330
331
332 Sec. 23-70. Exceptions.
333
334 The prohibitions found in Sections 23-66 and 23-67 shall not apply to:
335 (a) Noise created for purposes of alerting persons to the existence of an emergency,
336 provided such noise ceases once any such threat is no longer imminent.
337 (b) Noise created in the performance of emergency and public safety work or law
338 enforcement activities, including radios, sirens, horns, and bells on police, fire, or
339 other emergency response vehicles.
340 (c) Noise created by and as a result of events or activities sponsored by the City.
341 (d) Activities permitted by law for which a specific license or permit has been granted
342 by the city, state or federal government; including, but not limited to, noise generated
343 by and necessary for the conduct of public festivals, parades, special events, and
344 celebrations of recognized federal, state and local holidays.
345 (e) Noise or sound produced by a horn or warning device of a vehicle when used as a
346 warning device, including back-up alarms for trucks and other equipment.
347 (f) Clocks, bells, and carillons between the hours of 7:00 a.m. and 10:00 p.m., provided
348 that any such sounds do not occur for more than five (5) consecutive or non-
349 consecutive minutes in any one (1) hour.
350 (g) Locomotives and other railroad equipment, and aircraft.
351 (h) Military activities of the Commonwealth of Virginia or of the United States of America.
352 (i) Activities for which the regulation of noise has been preempted by federal law.
353 (j) Agricultural activities conducted between the hours of 7:00 a.m. and 9:00 p.m. in an
354 agricultural area.
355 (k) Customary and regularly scheduled public school, private school, or
356 college/university activities taking place on the school or college/university's
357 property; performances or practices by marching bands, school orchestras or
358 ensembles and similar groups or individuals who are members of such groups;
359 athletic contests or practices; and, other school-funded activities; or Activities on or
360 in municipal, state, United States, or school athletic facilities, or on or in publicly
361 owned property and facilities.
362 (I) Normal and customary use of outdoor recreational facilities owned or leased by the
363 city.
364 (m) Normal and customary use of open-air venues permitted by the city zoning
365 ordinance.
366
367
368 Sec. 23-71. Severability.
369
370 A determination of invalidity or unconstitutionality by a court of competent jurisdiction
371 of any clause, sentence, paragraph, section or part of this article shall not affect the
372 validity of the remaining parts thereto.
373
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Police Department City Attorney's Office
14
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
4:06 P.M.
Mayor Dyer welcomed Lavera Tolentino, Acting Purchasing Manager. Ms. Tolentino expressed her
appreciation to City Council for their continued support:
„u
F, V
FISCAL YEAR 2021 ANNUAL REPORT
AWARDS AND EXPENDITURES TO MINORITY. WOMEN AND
SERVICE-DISABLEDNETERAN-OWNED BUSINESSES 1/13
The next four(4)slides provide an overview of M/WBE Awards& Spend Totals:
Overall M/WBE Awards
FY21 FY20
TOTAL AWARDS TOTAL AWARDS
$310,568,108 $245,322,661
Minority-Owned $30,766,492 $14,938,491
Woman-Owned $36,932,830 $25,563,418
Total M/WBE $67,699,323 $40,501,909
Majority-Owned $242,868,785 $204,820,752
FY21 PERCENTAGE OF AWARD FY20 PERCENTAGE OF AWARD
DOLLARS BY BUSINESS TYPE DOLLARS BY BUSINESS TYPE
V., 18J%
78 2°0
0
83 5%
OMBE •WBE ■MAJORITY-OWNED OMBE •WBE •MAJORITY-OWNED
2
May 24, 2022
15
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
(Continued)
Overall M/WBE Spend
FY21 FY20
TOTAL SPEND TOTAL SPEND
$227,522,947 $372,940,486
Minority-Owned $22,940,027 $24,501,339
Woman-Owned $29,251,672 $27,077,537
Total MNVBE $52,191,700 ' $51,578,876
Majority-Owned $175,331,247 $321,351,610
FY21 PERCENTAGE OF SPEND FY20 PERCENTAGE OF SPEND
DOLLARS BY•VSSESS TYPE DOU.ARS BY BUSINESS TYPE
73%
lir 1%-'
881%
0 MBE •WBE •MAJORITY-01NNED GMBE •WBE •MAJORITY-OWNED
3
FY21 Prime Contractor M/WBE Awards & Spend
TOTAL AWARDS TOTAL SPEND
$245,834,554 $188,488,850
Minority-Owned $20,118,982 $15,663,851
Woman-Owned $24,544,398 $19,227,584
Total M/WBE $44,663,380 $34,891,436
Majority-Owned $201,171,173 $153,597,414
FY21 PERCENTAGE OF AWARD DOI-CARS BY FY21 PERCENTAGE Of SPEND DOLLARS BY
BUSINESS TYPE BUSSESS TYPE
B Z% 83%
0 =�1010.0%
.2%I
"18.BX�'' -e1 s%
❑MBE •WBE •MAJORITY-OWNED •MBE ■WBE ■MAJORITY-OWNED
11111111111111111 4
May 24, 2022
16
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
(Continued)
FY21 Subcontracting M/WBE Awards & Spend
TOTAL AWARDS TOTAL SPEND
$64,733,554 $39,034,097
Minority-Owned $10,647,50'9 _ $7,276,176
Woman-Owned $12,388,432 $10,024,087
Total M!WBE $23,035,942 $17,300,263
Majority-Owned $41,697,612 $21,733,833
FY21 PERCENTAGE OF AWARD FY21 PERCENTAGE OF SPEND
DOLLARS BY BUSINESS TYPE DOLLARS BY BUSINESS TYPE
1 e 5k,'. 18A%i
.„ .....(:-
191`/0
25.T%i
OM E/MAJORITY-OWNED OMBE■WBE a MAJORITY OWNF
5
The next three (3)slides provide an overview of M/WBE Awards& Spend Amounts, by Contract Type:
M/WBE Awards and Spend Amounts, by Contract Type
FY21 Award&Spend FY20 Award&Spend Variance
AWARDS SPEND AWARDS SPEND AWARD vs SPEND
TOTAL DOLLARS $67,699,323 $52,191,700 $40,501,909 $51,578,876 +25.1% +0.6%
Goods&Services $29,440,364 $24,212,507. $11,668,954 $15,981,493 +43.2% +20.5%
Professional $4,745,371 $4,031,128 $5,819,278 $11,025,385 -10.1% -46.4%
Services
Architecture 4 $6,477,000 $3,977,748 $8,518,095 $7,161,793 -13.6% -28.6%
Engineering
Construction 627,036,586 $19,970.318 $14,495,582 $17,410,205 +30.2% +6.8%
May 24, 2022
17
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
(Continued)
MBE Awards and Spend Amounts, by Contract Type
FY21 Award&Spend FY20 Award&Spend Variance
AWARDS SPEND AWARDS SPEND AWARD vs SPEND
- I TOTAL DOLLARS $30,766,492 $22,940,027 . $14,938,491 $24,501,339 +34.6% -3.3%
Goods&Services $12,368,250 $10,293,109 $1,985,402 $4,456,581 +72.3% +39.6%
Professional $4,710,825 $4,018,880 $5,366,282 $10,313,268 -6.5% -61.0%
Services
Architecture& $1,116,189 $372,360 $923,172 $4,089,429 +9.5% -83.3%
Engineering
Construction $12,571,226 $8,255,676 4 $6,663,635 $5,642,061 +30.7% +18.8%
7
WBE Awards and Spend Amounts, by Contract Type
FY21Award&Spend FY20 Award&Spend Variance
AWARDS SPE AWARDS SPEND AWARD vs SPEND
TOTAL DOLLARS $36,932,830 $29,251,8 E25,563,418 $27,077,537 +18.2% +3.8%
Goods&Services $17,072,114 $13,919,39 $9,683,552 $11,524,912 +27.6% +9.4%
Professional $34,545 $12,245 $452,996 $712,117 -85.8% -96.6%
Services
Architecture& $5,360,811 $3,605,387 $7,594,923 $3,072,364 +172% -8.0%
Engineering
Construction $14,465,359 $11,714,641< $7,831,947 $11,768,144 +29.7% -0.2%
May 24, 2022
18
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
(Continued)
The next two (2)slides provide the FY21 Award Amounts, by Race/Ethnicity and Gender:
FY21 Award Amounts, by Race/Ethnicity and Gender
AWARDS TO M/WBE's BY
RACE/ETHNICITY&GENDER
M/WBEs received over$67M in City contracting
,e p, awards in FY21
elect Am«,..an
M'WBE DOLLARS BY RACE ETHNICITY
AND GENDER
a.eu
Black American: $12,169,734 18.0%
Hispanic American: $6,545,370 9.6%
Native American:-
"a`Plon.lopanicAsian American: $12,051,386 17.6%
Woman
Other Minority:-
10ti Non-Hispanic White Woman:$36,932,830 54.6%
TOTAL TO M/WBEs: $67,699,323
OBlack American •Hispanic American
■Native Amerwan ■Asian American
ONorrHispanic White Woman
--'411111111 —
FY20 Award Amounts, by Race/Ethnicity and Gender
AWARDS TO M/WBE's BY
RACE/ETHNICITY&GENDER
M/WBEs received over$40M in City contracting
e it
Block Am«rca^ awards in FY20
3J4
Ni.v.Uc Am•nran
Ml/VBE DOLLARS BY RACE ETHNICITY
AND GENDER
,,� Black American $3,314.425 8.2%
"••^"^«^p^ Hispanic American $1,354.750 3.3%
Native American $- 0.0%
Asian American $6,983,018 17.3%
oL
e Non-Hispanic White Woman $25,563,418 63.1%
TOTAL TO MIWBEs $40,501,909
OBlack American •Hispanic American
■Native American ■Asian American
Otheer Minority ONon-Hispanic While Woman
10
May 24, 2022
19
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
(Continued)
The next two (2)slides provide the FY21 Spend Amounts, by Race/Ethnicity and Gender:
FY21 Spend Amounts, by Race/Ethnicity and Gender
AWARDS TO M/WBE's BY
RACE/ETHNICITY&GENDER
M/WBEs received over$52M in City contracting
awards in FY21
t3 r1
BI.cY A,rrr,can
M'WBE:: : NEETHNICI:7%
Black American:
Hispanic American:$1,395,755 2.7%
Native American:- —%
Asian American: $9,132,010 17.5%
w°^•^ Other Minority:- —%
175, Non-Hispanic White Woman: $29,251,672 56.1%
A.1.n M11w1c.n
TOTAL TO M/WBEs: $52,191,700
°Black American •Hispanic Amenwn
■Native American ■Asian American
ONon-Hispanic White Woman
11
FY20 Spend Amounts, by Race/Ethnicity and Gender
PAYMENTS TO M/WBE's BY
RACE/ETHNICITY&GENDER M'WBEs received over$51M in City contracting
120% payments In FY20.
Bl.cM Amwrun
31,
40,""""""""'" M/WBE DOLLARS BY RACE/ETHNICITY AND
GENDER
Black American $6,184,316 12.0%
Hispanic American $1,595.592 3.1%
}U 5\
Native American $- 0.0%
A.un Am.riun
""" Asian American $10,589.392 20.5%
Other Minority $6,132.039 1 1.9%
_ ii10
Non-Hispanic White Woman $27,077,537 52.5%
n1h.r�w1„ TOTAL TO M/WBEs 551,578,876
OBlack American OHispanic American
■Native American ■Asian American
Oather Minority ONon-Hispanic While Woman -
12
May 24, 2022
20
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
(Continued)
Here are the Award and Spend Amounts, by Year:
Award and Spend Amounts, by Year
`3-Year M/WBE Award and Spend
M/WBE AWARD DOLLARS BY YEAR
FY19 $57,591,766 11.6%
zoao� .: FY20 $40,501,909 16.5%
FY21 $67,699,323 21.8%
16.5%
11.6% 13.9%
10.00% .__
M/WBE SPEND DOLLARS BY YEAR
5 S%J
FY19 $48,894,458 9.5%
sox FY20 $51,578,876 13.9%
FY21 $52,191,700 22.9%
oo,
MO FY21
Awards - Spend
miniasimmilig 13
The next two (2) slides provide the FY21 Service-Disabled/Veteran-Owned Business Award and Spend
totals:
FY21 Service-DisabledNeteran-Owned Business Award and Spend
AWARDS SPEND
Goods&Services $1,867,521 0.6% $1,064,841 0.5%
Professional Services $702 0.0% $0.00 0.0%
Architecture&Engineering $68,788 0.4%
$54,494 0.3%
Construction $11 125 0.2% $1,125 0.2%
TOTAL $1,938,136 0.6% $1,120,460 0.4%
SDV owned businesses may be included with the overall award and spend amounts with minonty and woman owned businesses
SDV classification is self reported
14
May 24, 2022
21
CITY MANAGER'S BRIEFINGS
SWAM UPDATE
ITEM#72913
(Continued)
FY20 Service-Disabled/Veteran-Owned Business Award and Spend
AWARDS SPEND
Goods&Services $341,146 0.4% $661,191 0.9%
Professional Services $542,424 2.1% $631,070 1.1%
Architecture&Engineering $2,000 0.0% $2,000 0.0%
Construction $490197 0.5% $17,075 0.0%
TOTAL $1,375,767 0.6% $1,311,336 0.4%
SDV owned businesses may be included with the overall award and spend amounts with mmonty and woman owned businesses
SDV dassrficabon is self reported
15
Summation
• Post disparity study the aspirational goal for minority owned
businesses is 12.9% of total spend in city contracting dollars.*
Minority-owned Business Spend
FY19 FY20 FY21
4.0% 6.6% 10.1%
• Post disparity study the aspirational goal for women owned
businesses is 13.3%.**
Women-owned Business Spend
FY19 FY20 FY21
5.4% 7.3% 12.8%
'Pre dispanty study the aspirational goal for minority owned businesses was 10%of total city contracting dollars
"Pre disparity study there was no aspirational goal for bueinessos owned by women
16
Mayor Dyer expressed his appreciation to Ms. Tolentino for the presentation and advised he needed to step
out to participate in a previously scheduled conference call and will return as soon as possible.
May 24, 2022
22
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
4:31 P.M.
Vice Mayor Wilson welcomed Robert J. Tajan, Director—Planning and Community Development. Mr.
Tajan expressed his appreciation to City Council for their continued support:
Nifik
416)00.
ArA- •
4_v.„
40.A. Ale
Planning Items
June 7'h&21st City Council Meetings
There are six(6)Planning Items scheduled for June 7th:
------------ -- ---------
SUMMARY — June 7th
6 Planning items scheduled for City Council consideration
1 Ashdon Builders 1,LLC-District 2,formerly Princess Anne
• Conditional Rezoning(AG-1&AG-2 Agncultural Districts to
Conditional R-7.5 Residential District)
• Recommended for Approval by Planning Commission&Staff
2&3.BT Holdings,Ill,LLC,a Virginia Limited Liability Company
&PDC TN/FL LPIV,LLC,a Deleware limited liability w•��c•bo
Company—District 5,formerly Princess Anne
• Modification of Proffers
• Rezoning(AG-1 Agricultural&Conditional I-1 Industrial to I-1
Industrial)
• Recommended for Approval by Planning Commission&Staff
4&5.Reed Enterprises,Inc,a Virginia Corporation&Liberty
Transmission&Auto Care,Inc a Virginia Corporation- Re.E wnM u•�c roc rKrc LPN uc
District 2,formerly Princess Anne Om•rty harts msum,t♦,rto nq•m LLc
• Modification of Proffers
• Conditional Use Permit(Automobile Repair Garage)
• Recommended for Approval by Planning Commission&Staff .u,b•!t,uc
6. Maegan Cahoon —District 6,formerly Beach
• Conditional Use Permit(Short Term Rental) 2
• Recommended for Approval by Planning Commission&Staff.•
May 24, 2022
23
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
ASHDON BUILDERS 1, LLC ITEM
Council District:District 2,formerly Princess Anne
Location. 2487 North Landing Road
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CONDITIONAL REZONING
(AG-1 &AG-2 Agricultural Districts to Conditional R-7.5 Residential District)
Staff recommends Approval
3
Planning Commission voted 10 recommend
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• Request for Conditional Rezoning from AG-1&2 Agricultural
District to R-7.5 Residential District in order to develop the site• 1-53 acre park area with a trail encompasses a stormwater
with up to 7 new single-family dwellings pond at the rear of the parcel
• Reduction in the required 30-foot front yard setback
• Property within ITA/TA,Courthouse Historic&Cultural District requested to 25 feet
• ITA/TA CAC briefed&no issues raised
• 1 speaker in opposition at Planning Commission public
• Historical Review Board awarded a Certificate of hearing noting concerns related to environmental issues—
Appropriateness flooding,tree loss,wetland impacts 4
ASHDON BUILDERS 1,LLC ITEM 1
May 24, 2022
24
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
BT HOLDINGS, III, LLC & PDC TN/FL LPIV, LLC ITEMS
Council District:District 5,formerly Princess Anne 2 & 3
Location: Southeast Corner of Dam Neck Road & Harpers Road
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MODIFICATION OF PROFFERS
REZONING(AG-1 Agricultural & Conditional I-1 Industrial to I-1 Light Industrial)
Staff recommends Approval
5
Planning Commission voted 10 to Q recommend
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• 2-fold request:Modification of Proffers to remove previous proffers • Development&Cost Participation Agreement to construct public right
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from a 2015 conditional rezoning associated with a Bulk Storage Yard& of way with multi-use trail within former alignment of Southeastern
Rezoning(AG-1&Conditional I to I-1)to construct a 650,000 square Parkway between Dam Neck&London Bridge Roads&a connector road
foot industrial building
• Outreach conducted with surrounding property owners/civic leagues
• Property within SEGA 3—South Oceana that recommends high quality
employment,corporate parks,&light industrial uses with attractive • 7 speakers in opposition present at Planning Commission public hearing
building designs consistent with AICUZ:>75 dB Ldn&portion noting concerns related to truck traffic,length of new right-of-way,
impacted by Navy Restrictive Easement unconditional zoning,24 hour operation,compatibility with residential,
lack of signalization along London Bridge Road
• Proposal for ultramodern,high-tech distribution&packaging operet, 6
BT HOLDINGS,III,LLC&PDC TN/FL LPIV,LLC ITEMS 2&3
May 24, 2022
25
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
REED ENTERPRISES, INC, & LIBERTY TRANSMISSION & ITEMS
AUTO CARE, INC 4 & 5
Council District:District 2,formerly Princess Anne
Location. 3041 Holland Road
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MODIFICATION OF PROFFERS
CONDITIONAL USE PERMIT(Automobile Repair Garage)
Staff recommends Approval 7
Planning Commission voted 10
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• Request for both a Modification of Proffers& • High quality building materials&design consistent with
Conditional Use Permit for Auto Repair Garage other structures in vicinity
• Proposal to remove formerly approved Bulk Storage • Less traffic generated with this use than potential by-right&
Yard&construct 6,000 square foot auto care building previously approved uses
• Proposed uses compatible with 70-75 AICUZ&APZ-2 • Plantings along the street frontage above minimum required
• No known opposition 8
REED ENTERPRISES. INC&LIBERTY TRANSMISSIO ITEMS 4&5
May 24, 2022
26
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
MAEGAN CAHOON ITEM
Council District:District 6,formerly Beach
Location: 4005 Atlantic Avenue, Unit 108 6
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CONDITIONAL USE PERMIT
(Short Term Rental)
Staff recommends Approval
Planning Commission voted 9 to 0,1 Abste_tign, to recom oval e
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• Request for a 1-bedroom Short Term Rental in Oceans II Condominiums at northern terminus of Boardwalk along
Atlantic Ocean at 40`^Street&Atlantic Avenue
• Assigned Space#3 in Parking Lot 2 to the south
• Request consistent with 9 other Short Term Rentals approved by the City Council&tourist-oriented land uses in the
vicinity
• Staff has received 1 letter of opposition(didn't want additional STR operating in this complex)
10
MAEGAN CAHOON ITEM 6
May 24, 2022
27
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
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MAEGAN CAHOON ITEM 6
There are four(4)Planning Items scheduled for June 21 S`:
SUMMARY — June 21st
4 Planning items scheduled for City Council's consideration
1.City of Virginia Beach
• An Ordinance to add Section 209.5,delete Section 242.1&
amend Section 901 of the City Zoning Ordinance pertaining
to Tattoo Parlors&Body Piercing Establishments as i
permitted uses in the B-2 Community Business District
2.Autobell Car Wash,LLC—District 1,formerly Kempsville ,
• Conditional Use Permit(Car Wash Facility) T4te•• a
• Recommended for Approval by Planning Commission&Staff a
Doan wnywo a MnsrYuy.to
3. T-Mobile—District 4, formerly Kempsville -
• Modification of Conditions(Communication Tower Height
Expansion)
• Recommended for Approval by Planning Commission&Sta" ` :.e.uaarwaan."°
4.Suite Management Franchising,LLC—District 6,formerly
Beach
• Conditional Use Permit(Tattoo Parlor) ..
• Recommended for Approval by Planning Commission&Staff
12
May 24, 2022
28
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
CITY OF VIRGINIA BEACH ITEM
An Ordinance to add Section 209.5, delete Section 242.1 &
amend Section 901 of the City Zoning Ordinance pertaining to
Tattoo Parlors & Body Piercing Establishments as permitted
uses in the B-2 Community Business District
Staff recommends Approval
Planning Commission voted 10 0 0 to recommend A rov t3
PROPOSED STANDARDS
1. Any Tattoo Parlor or Body Piercing Establishment permitted under this zoning
ordinance shall comply with the applicable requirements of Chapter 23 of the
City Code.
2. The application of tattoo or body piercings shall occur only in areas not visible
from the exterior of the establishment or from the waiting and sales area within
the establishment.
3. Any on-site signage for the establishment shall meet the requirements of Article
II, Part B of the City Zoning Ordinance. Building signage designed to be a"box
sign" and signage for windows shall not be permitted.A separate sign permit
shall be obtained from the Planning Department for installation of any new
signs.
14
CITY OF VIRGINIA BEACH ITEM 1
May 24, 2022
29
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
CHAPTER 23 - CITY CODE
Tattoo parlor:Any place in which is offered or practiced the placing of designs,
letters, scrolls,figures,symbols or any other marks upon or under the skin of
any person with ink or any other substance,resulting in the permanent
coloration of the skin, including permanent make-up or permanent jewelry, by
the aid of needles or any other instrument designed to touch or puncture the
skin.
• Permit from Department of Public Health
• Annual training approved by the Department of Public Health
• Tattooing-related procedures shall be carried out in a clean,safe and
sanitary manner
• Requirements for cleanliness; safety; sanitation; adequate light and
ventilation; public health inspections; sterilized equipment
• Record retention requirements
15
CITY OF VIRGINIA BEACH ITEM 1
AUTOBELL CAR WASH, LLC ITEM
Council District District 1,formerly Kempsville
2
Location 4577 South Plaza Trail
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CONDITIONAL USE PERMIT
(Car Wash Facility)
Staff recommends Approval 16
Planning Commission voted 10 a
May 24, 2022
30
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
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• Request for a Conditional Use Permit for a 3,000 square • Proposed exterior to match brick of existing shopping
foot,single-bay Car Wash Facility on an outparcel of the center providing visual cohesion
Brenneman Farm Shopping Center
• Landscape Plan includes same species existing throughout
• Existing commercial retail building(AutoZone)to remain shopping center&will aid with enhancing aesthetics
• Traffic generated by use less than typical commercial use • No known opposition
17
AUTOBELL CAR WASH,LLC ITEM 2
T-MOBILE ITEM
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Council District:District 4,formerly Kempsville
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Location: 5642 Campus Drive
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MODIFICATION OF CONDITIONS
(Communication Tower)
Staff recommends Approval - 18
Planning Commission voted 10 Viiiiiiiiimlifigi
May 24, 2022
31
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
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• Proposed after-the-fact Modification of Conditions for a Conditional Use .. ....
Permit for a 105-foot-tall Communication Tower initially constructed
within a lattice Dominion Energy transmission tower "..
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• Increase in height to 150 feet proposed as well as tower design as a ��
monopole that jointly supports electrical power lines&communication ,,�' ••-
antennas • Transmission towers modified
throughout neighborhood
• Adjacent to playground in Campus East neighborhood 19
•T-MOBILE No known opposit ITEM 3
SUITE MANAGEMENT FRANCHISING, LLC ITEM
Council District:District 6,formerly Beach
Location 550 First Colonial Road, Suite 23C 4
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CONDITIONAL USE PERMIT
(Tattoo Parlor)
Staff recommends Approval
20
Planning Commission voted 10 to m
May 24, 2022
32
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#72914
(Continued)
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• Request for a Tattoo Parlor for microblading,application of permanent make-up,within the suites of the
6,000 square foot salon at the Hilltop Square Shopping Center
• Typical hours of operation:9:00 am—7:00 pm,Monday-Sunday
• No changes to exterior of building or signage proposed
• No known opposition
21
SUITE MANAGEMENT FRANCHISING,LLC ITEM4
Vice Mayor Wilson expressed her appreciation to Mr. Tajan for the presentation.
May 24, 2022
33
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#72915
4:46 P.M.
Council Member Henley expressed concern for the rise in traffic accident fatalities in the City involving
vehicles,pedestrians and cyclists. Council Member Henley advised she has received similar concerns from
citizens in the Sandbridge community and would like this issue investigated to find solutions to improve
traffic safety.
Council Member Moss referenced a road improvement project where Baker Road was opened to Lavender
Road resulting in increased traffic, traveling at a higher rate of speed, through Arogona Village and
believes it is important to consider possible ripple effects before completing road improvement projects.
May 24, 2022
34
ITEM#72916
Vice Mayor Rosemary Wilson entertained a motion to permit City Council to conduct its CLOSED
SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration, 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
May 24, 2022
35
ITEM#72916
(Continued)
Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to
proceed into CLOSED SESSION at 4:58 P.M.
Voting: 9-0
Council Members Voting Aye:
Linwood O.Branch,Barbara M.Henley,N.D. "Rocky"Holcomb,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Vice
Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
Mayor Robert M. Dyer
Closed Session 4:58 P.M. — 5:17 P.M.
*Mayor Dyer returned at 5:00 P.M and participated in the Closed Session
May 24, 2022
36
RECONVENE/
CERTIFICATION
ITEM#72917
Mayor Dyer RECONVENED the City Council Meeting at 5:18 P.M.
Upon motion by Council Member Moss, seconded by Vice Mayor Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R.Jones,John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
Michael F. Berlucchi
May 24, 2022
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OF.OUR NA(,OMS
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 #72916 on Page 35 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.
er ' . ei s
Chief Deputy City Clerk
May 24, 2022
37
ADJOURNMENT
ITEM#72918
Mayor Robert M. Dyer DECLARED the City Council MEETING ADJOURNED at 5:19 P.M.
•
Terri H. Chelius Robert M. Dyer
Chief Deputy City Clerk Mayor
May 24, 2022