agenda - City of Hopewell

AGENDA

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CITY OF HOPEWELL Hopewell, Virginia 23860

CITY COUNCIL Jasmine E. Gore, Mayor, Ward #4

Patience Bennett, Vice Mayor, Ward #7 Debbie Randolph, Councilor, Ward #1 Arlene Holloway, Councilor, Ward #2

John B. Partin, Jr., Councilor, Ward #3 Janice Denton, Councilor, Ward #5

Brenda S. Pelham, Councilor, Ward #6

John M. Altman, Jr., City Manager Sandra. Robinson, City Attorney Ronnieye L. Arrington, City Clerk

AGENDA

(804) 541-2249

www.hopewellva.gov [email protected]

[email protected]

January 14, 2020 COUNCIL CHAMBERS

300 N MAIN ST. HOPEWELL VA Closed Meeting: 5:30 PM

Work Session: 6:30 PM

Regular Meeting: 5:30 PM

OPEN MEETING

5:30 p.m. Call to order, roll call, and welcome to visitors Roll Call

CLOSED MEETING Move to go into closed meeting pursuant to Va. Code Sections 2.2-3711; (A)(1) to discuss and consider personnel matters, including the appointment, assignment, and performance of specific appointees and employees and consideration/discussion of prospective candidates for employment and appointment; (A)(3) and (A)(6) to discuss the disposition of publicly-held property where bargaining is involved, and discussion in open meeting would adversely affect the City’s bargaining

position and financial interest; (A)(7) and (8) to consult with legal counsel and be briefed by staff regarding probable litigation and specific legal matters where such briefing and consultation in open meeting would adversely affect the City’s litigating posture; (A)(39) to discuss and consider information related to economic development; and to the extent such discussions will be aided thereby, (A)(4) for the protection of the privacy of individuals in personal matters not related to public business.

RECONVENE OPEN MEETING

CERTIFICATION PURSUANT TO VIRGINIA CODE § 2.2-3712 (D): Were only public business matters (1) lawfully exempted from open-meeting requirements and (2) identified in the closed-meeting motion discussed in closed meeting? Roll Call

SUGGESTED MOTION: To amend/adopt Regular Meeting agenda

Roll Call

mailto:[email protected]

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Consent Agenda

All matters listed under the Consent Agenda are considered routine by Council and will be

approved or received by one motion in the form listed. Items may be removed from the Consent

Agenda for discussion under the regular agenda at the request of any Councilor.

C-1 Minutes: Attachments: Minutes of December 6, December 10, December 12, 2019; and January 7, 2020.

1. Attachments: C-2 Pending List:

1. Pending List 2. Pending List - Top Priorities

C-3 Routine Approval of Work Sessions: Council training on Munis and Municode Agenda Software - Jan. 28, 2020 C-4 Personnel Change Report & Financial Report:

1. Personnel Change Report C-5 Ordinances on Second & Final Reading: C-6 Routine Grant Approval: C-7 Public Hearing Announcement: C-8 Information for Council Review:

1. Minutes: Appomattox Regional Library - December 2019; Downtown Design Review Committee - November 2019; Hopewell Redevelopment and Housing Authority October 2019.

C-9 Resolutions/Proclamations/Presentations: C-10 Public Hearing Announcement:

SUGGESTED MOTION: To amend/adopt consent agenda

Public Hearings CITY CLERK: All persons addressing Council shall approach the microphone, give name and, if

they reside in Hopewell, their ward number, and limit comments to five minutes. No person shall be

permitted to address the Council a second time until all others have been heard, and no one may speak

more than twice on any subject in any one meeting. All remarks shall be addressed to the Council as

a body, any questions must be asked through the mayor only, and there shall be no discussion without

permission of the mayor. Any person who makes personal, impertinent, abusive, or slanderous

statements, or incites disorderly conduct in Council Chambers may be barred by the mayor from

further audience before Council and removed, subject to appeal to a majority of Council. (See Rules

405 and 406)

PH-1 Crater Workforce Development Board MOU and Ordinance

ISSUE: City Council approved the last revision of the Crater Workforce Investment Board MOU; however, the Commonwealth of Virginia also requires an ordinance. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

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Unfinished Business

UB-1 Creation of Ashford Kent Ad-Hoc Committee

ISSUE: The Mayor of Hopewell was invited to attend a celebration of the twinning of Ashford Kent, UK and the City of Hopewell, Virginia. There were several suggestions made by members of this Council and the Twinning Committee. Ashford Kent has moved the celebration to next year. The Mayor would like to create an Ad-Hoc Committee consisting of the Mayor, Vice Mayor, Mr. Bragg, and two members of the Twinning Association, to work with the Mayor’s office and Ashford Kent to plan a celebration. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

UB-2 Chesapeake Clean Water Blueprint

ISSUE: Request City Council support of the Chesapeake Clean Water Blueprint MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

UB-3 Census Presentation and Request for Census Committee appointments

ISSUE: There is an urgent need for the City to establish its Census Committee. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

UB-4 Request City Council create an Innovation Competition for City Departments

ISSUE: The current Efficiency Study and Technology Review was originally designed to include an element of staff engagement. The desire was to include members of staff by creating an innovation competition for them to suggest problem-solving ideas to help the City operate better and improve customer service. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

UB-5 Request City Council create a system for members of staff and public to report suspected incidents of fraud, waste or abuse

ISSUE: The City currently does not have any means for anyone to report concerns or suspicions of fraud, waste or abuse. A system needs to be created in which information goes directly to the City Attorney and disseminated to City Council for review. MOTION:_____________________________________________________________

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________________________________________________________________________ Roll Call

UB-6 N 2nd Ave Traffic Flow Alteration

ISSUE: The Engineering office was requested to investigate the concept of altering the existing north-south traffic flow of N 2nd Ave between W Randolph Rd and W Broadway. The request was to make this two block segment one-way southbound only. The Engineering office, in consultation with the Transportation Safety Board (TSB) and the Police Department, reviewed the purpose and need to make the traffic flow alteration during the July 2019 TSB meeting. The purpose is to better position the traffic flow for approach access to and departure from the new police station drop off window. The need for the traffic flow alteration is to make the drop off window more accessible from the driver’s side of

approaching vehicles. A secondary need was to eliminate departure conflicts with northbound traffic from the drop off window. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

UB-7 Rental Inspection Program Update

ISSUE: City Council requested an update on the rental inspection program and strategies to improve MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

Communications from Citizens CITY CLERK: A Communications from Citizens period, limited in total time to 30 minutes, is

part of the Order of Business at each regular Council meeting. All persons addressing Council

shall approach the microphone, give name and, if they reside in Hopewell, their ward number,

and limit comments to three minutes. No one is permitted to speak on any item scheduled for

consideration on the regular agenda of the meeting. All remarks shall be addressed to the

Council as a body, any questions must be asked through the mayor only, and there shall be no

discussion without permission of the mayor. Any person who makes personal, impertinent, abusive,

or slanderous statements, or incites disorderly conduct in Council Chambers, may be barred by

the mayor from further audience before Council and removed, subject to appeal to a majority of

Council. (See Rules 405 and 406.)

Regular Business Reports of City Manager: R-1 CAFR Update

ISSUE: Update on status of CAFRs No action requested of Council

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R-2 Review and discussion of State Senate Bill No. 16 and Hopewell’s 2A Sanctuary City

Status

ISSUE: There has been a substantial amount of communication from citizens regarding SB16, and whether or not Hopewell intends to take a stance on it. Based on the requests of Hopewell citizens, this item was added this item to the agenda for open discussion.

MOTION:_____________________________________________________________

________________________________________________________________________ Roll Call

R-3 Authorize City Manager to execute the Fair Housing Impediments Study regional contract

ISSUE: Required Analysis of Fair Housing Impediment Study due to the United States Department of Housing and Community Development (HUD) MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

R-4 Modification of Existing Engineering Design Services Contract

ISSUE: City Contract 14-19 was awarded on April 15, 2019 in the amount of $170,447.00 to complete two separate stormwater projects: Hopewell High School-Mathis Park (HHS-Mathis) Stream Restoration (ST003) and City Point Road Outfall (ST004). Both projects have received grant funding and are being designed to qualify for pollutant reductions in accordance with the City’s obligations under the Chesapeake Bay TMDL. Staff is seeking an increase of $25,093 above the allowable twenty-five (25) percent increase to add two outfall designs for construction in FY 2021 (an increase of $67,604, or 39.7%). Funds are available based on the October 2019 grant award of $261,203 from the Virginia Environmental Endowment. Both projects are expected to be very competitive for Stormwater Local Assistance Fund grants in fall of 2020. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

R-5 Status of Shiloh Lodge

ISSUE: Staff to provide update on Lodge since purchase by the City. Consider draft work plan and authorize next steps, to include archeological dig, and critical building stabilization efforts MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

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Reports of City Attorney: Reports of City Clerk: Reports of City Council: Committees: Individual Councilors

IR-1 Request City Council to direct the City Manager to provide Council with the status of

uncollected funds within the City of Hopewell

ISSUE: The Mayor requested the following information on December 19, 2019: Wastewater (Water Renewal) uncollected bill amounts (write offs) (individual/business); Data Integrators uncollected bill amounts (individual/business); Uncollected taxes (real estate/personal property); Trash uncollected bill amounts (write offs) (individual/business); Audit reports/schedules with write-offs; Industry payments for Wastewater (Water Renewal) for the last 3 years; Total value of funding that could not be reconciled for the audit - City Funds/Accounts; Total value of funding that did not have backup docs/not approved - City Funds/Accounts; Status of money approached to support Wastewater Grant when DEQ required the City to have a reserve of funding approx.. of $575,000. *new MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

IR-2 Request City Council vote to establish a rule that supports the new practice to limit City Councilors’ ability to place items on future agendas, conduct research with staff and seek legal guidance for potential legislative items.

ISSUE: It has been common practice that City Councilors place items on the City Council Meeting agendas to obtain a vote from City Council to approve/deny the request. At some point in 2019, some members of City Council began to advocate for Councilors to be limited in their ability to place items on the agenda for City Council approval/denial. In turn, they began to limit the ability for a City Councilor to seek legal guidance to determine legality of any proposed legislation. As of now, some City Councilors are seeking to limit the ability to ask the City Manager to provide information so that one can make a determination about the feasibility of any proposed legislation. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

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IR-3 Request for City Council direct the City Manager to provide Council with a full update

as to the current delay in completing the CAFR.

ISSUE: The City’s CAFRs have been delinquent since FY15. A majority of City Council

supported hiring an outside finance consultant to bring the city current with audits. City Council was originally informed that the delinquent CAFRs (FY16, FY17, and FY18) would be completed with a year. They have not been completed and city staff requested an extension of the agreement. The last audit supplied to City Council was the FY17 audit for fiscal year (July 1, 2016 - June 30 2017) June 2019. FY18. FY19 and FY20 are currently outstanding. MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

IR-4 Request for City Council to vote direct the City Manager to delegate to the GIS/Development Office to begin mapping City of Hopewell social determinate data for the Cities of Opportunities Pilot Program

ISSUE: The City of Hopewell was selected to participate in the Cities of Opportunities Pilot Program in 2019. Hopewell is one of twelve cities nationwide selected to participate by the National League of Cities (NLC). City Health Dashboard selected Hopewell to participate as a small city pilot. Roanoke, Virginia, the only other Virginia small city participating in this program with Hopewell has already completed their pilot (see https://www.cityhealthdashboard.com/va/roanoke/city-overview MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

IR-5 Request City Council approve a constituent and customer service survey for the public to complete to better improve service for residents. ISSUE: The City has made many changes to how we provide information to the public and perform customer service. We should assess how well those advances are being relayed to the community and how effective they are. Additionally, we also need to conduct a deeper dive to determine how best some of the services currently offered to residents by City staff are bring fulfilled. I also request that the VMLA survey questions are also disseminated to the public for participation. The questions were a requirement for the grant participation.

MOTION:_____________________________________________________________ ________________________________________________________________________ Roll Call

Citizen/Councilor Requests

Presentations form Boards and Commissions

https://www.cityhealthdashboard.com/va/roanoke/city-overview

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Other Council Communications

ADJOURNMENT

Work Session

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RULES AND PROCEDURES

OF THE HOPEWELL CITY COUNCIL

I. PURPOSE AND BASIC PRINCIPLES UNDERLYING RULES OF PROCEDURE

1-1 Purpose of Rules of Procedure

A To enable the City of Hopewell (“City”) government to transact business expeditiously and efficiently.

B To protect the rights of each individual Hopewell City Council (“Council”) member.

C To preserve a spirit of cooperation among Council members.

D To determine the pleasure of the Council on any matter.

1-2 Basic Principles Underlying the Rules of Procedure

A Only one subject may claim the attention of the Council at one time.

B Each item presented for consideration is entitled to full and free discussion; no member shall speak for the second time on a topic until every member desiring to speak has spoken once.

C Every member has rights equal to every other member.

D The will of the majority must be carried out and the rights of the minority must be preserved.

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E The personality and desires of each member should be merged into the larger unit—the Hopewell City Council.

F Discussion by members should be directed at the specific issue before the Council, not at other members.

1-3 Rules of Interpretation

A These Rules of Procedure are rules of parliamentary procedure and are for the convenience of its members. Except for those rules that are specifically provided by the City Charter, they do not have the force of law.

B Where these Rules of Procedure are silent, Robert’s Rules of Order shall prevail and govern questions of order and procedure.

C Only members of the Council have standing to raise a point of order or to challenge a ruling of the President or other action of the Council on the basis of compliance or non-compliance with these Rules of Procedure or Robert’s Rules of Order. In no event shall questions over compliance with these rules be raised judicially.

D Non-compliance with these Rules of Procedure must be raised at the time of the non-compliance, and prior to continued debate or a vote. If a challenge is timely raised, the only relief available shall be the correction of the error in conformance with the Rules of Procedure. If a challenge is not timely raised, the right to challenge the non-compliance is waived. In no event shall a violation of these rules result in the voiding or overturning of any action of the Council.

E Failure to comply with these rules or Robert’s Rules of Order shall not invalidate any Council action otherwise valid at law.

II. COUNCIL MEETINGS

2-1 City Council to Sit in Open Meeting

A The Council shall sit in open meeting and all persons conducting themselves in an orderly manner may attend the meetings; provided, however, the Council may conduct a closed meeting as permitted under the Virginia Freedom of Information Act or other provisions of law.

B Subject to the approval by the President, a member of the Council may

participate in an open meeting from a remote location through electronic communications

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means even though the remote location is not open to the public. Such participation shall be strictly conditioned upon a satisfactory showing of the following:

(1) A quorum of the public body is physically assembled at the open meeting; and

(2) prior to the open meeting, the member (a) has notified the President that

the member is unable to attend the meeting due to an emergency or personal matter, (b) has described the nature of such emergency or personal matter with sufficient specificity; and (c) the member has not participated in more than two meetings from a remote location in any given calendar year; or

(3) prior to the open meeting, the member has notified the President that the

member is unable to attend the meeting due to a medical condition or a temporary or permanent disability that prevents such attendance.

C In all cases in which attendance by remote location is approved, the

President shall cause to be recorded in the minutes of the meeting the identification of the remote location from which a member participates, and the specific nature of the emergency or personal matter causing member to request remote location, or, where applicable (and with less specificity), a reference that the member is unable to attend the meeting due to a medical condition or a temporary or permanent disability.

D The President shall disapprove the member’s request to participate from a remote location if such participation will violate the policy set forth herein. The President shall state the reason(s) for his or her disapproval with specificity in the presence of the Board, and shall have the same recorded in the minutes of the meeting.

E The Council shall make arrangements for the voice of the remote member to be heard by those persons assembled at the open meeting location.

2-2 Conduct in Meeting

A The effectiveness and efficiency of governmental bodies in serving the public is enhanced by the proper conduct of all participants of meetings and work sessions of the Council.

B All such meetings and work sessions shall be conducted with observance by all participants of the fundamental rules of civility, including restraint in demeanor and respect for others and their views. This rule is not intended to restrict disagreement or opposition to any proposal, motion, or argument rather this rule is intended to restrict the manner in which such disagreement or opposition is expressed. Shouting, profanity, threats, personal attacks, abusive or slanderous statements, and other similar actions are prohibited. Should the actions of a member or attendee violate the foregoing guidelines for conduct, in the view the Presiding Officer or of a majority of Council, the Presiding Officer may address that participant’s deviation from the guidelines. The Mayor/Presiding Officer

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may reprimand any person who violates these guidelines or engage in disorderly conduct while addressing Council. A second occurrence of violation or disorderly conduct by the same person during the same meeting shall require his or her removal from the meeting. Attendance by that person at subsequent meeting shall be permitted only upon petition to Council which must be approved by majority vote. Any member making personal, impertinent, abusive or slanderous statements, or who shall incite disorderly conduct shall be reprimanded by the Mayor and may also removed from the meeting, but only upon a majority vote of the Council, which shall not (for the purposes of this rule) include the member whose continued presence is being considered.

C Council Members and Administration shall be addressed by title or Mr.,

Mrs., or Miss during meetings. D The rules of conduct described herein are intended to apply to all City

Council appointees to any agency, committee, commission, or similar entity.

2-3 Regular Meetings

A Regular meetings shall be held on the second and fourth Tuesdays of each month in the Council Chamber, third floor of the Municipal Building, 300 N. Main Street, Hopewell, Virginia commencing at 5:30 p.m., if a closed meeting item(s) can and should be addressed. The regular business meeting shall begin at 6:30 p.m. and shall be devoted primarily to city business, including action items, discussion/presentations, and policy formation. Public hearings, when such have been scheduled or are required by law, shall be conducted on the second Tuesday of each month beginning at 7:30 p.m.

B When a regularly scheduled meeting falls on a legal holiday or Election Day, the meeting shall be held on the following business day.

C A regular meeting may be cancelled by the President (or the Vice-

President if the President is unable to act), or upon a finding that weather or other conditions are too hazardous for the members or the public to attend. In the event the regular meeting is cancelled due to weather or hazardous conditions, the meeting may be held on the next business day on which the weather or hazardous condition has abated or as determined by the President or Vice-President without further advertisement or notice.

D Regular meetings may be adjourned without further public notice, from day to day, from time to time, or from place to place, until the business before the governing body is completed. However, regular meetings may not be adjourned beyond the fixed date for the next regularly scheduled meeting.

2-4 Special Meetings

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A The City Council may hold special meetings as deemed necessary, at such times and places at it may find convenient.

B A special meeting may be held on the call for the same by the president,

the city manager, or any members of Council, but as a general practice should not be called for matters which can be timely addressed at the next regular meeting.

C Only matters determined by the caller and specified in the notice shall be

considered at the special meeting except by unanimous consent of all members of Council. Notice of special or emergency meetings shall be reasonable under the circumstances and given contemporaneously with that notice provided to the members. Special meetings may be adjourned.

D Notice for special-called meetings shall be reasonable under the

circumstances, as provided by §2.2-3707 of the Code of Virginia, as amended.

2-5 Work Sessions

A Work Sessions constitute public meetings of the City Council and shall rquire legal notice as required by §2.2-3707 of the Code of Virginia, as amended.

B Work sessions may be called and convened as a “Council Work Session”

but shall be treated as a special meeting unless such work session(s) was scheduled and approved in advance at the City Council’s reorganization meeting.

C Because work sessions are intended to provide Council sufficient time to

fully discuss and consider matters affecting the City, except for the period of time scheduled for the meeting, members of the City Council shall not be limited in their discussion or consideration related to any matter noticed to be before the Council at a work session.

D For any work session scheduled, the City Manager will attend and present information as deemed necessary and appropriate for the subject matter or purposed noticed and procure the attendance of all necessary City staff and information to ensure the efficient use of a work session.

E Upon advance notice, staff and/or outside agencies may be requested by

City Council to make a presentation to the Council during a Council Work Session.

F Council reserves the right to take formal votes at any meeting at which a quorum is present, including at a work session.

2-6 Closed Meetings

A A closed meeting may only be convened in conformance with the Virginia

Freedom of Information Act or other provision(s) of law that would make such meetings or discussions of items in those meetings confidential.

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B No resolution, ordinance, rule, contract, regulation or motion agreed to in a closed meeting shall become effective until the Council reconvenes in an open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, or motion which shall have its substance reasonably identified in the open meeting.

C At the conclusion of a closed meeting, the Council shall reconvene in open

meeting immediately thereafter and shall take a roll call vote certifying that to the best of each member’s knowledge:

(1) Only public business matters lawfully exempted from open meeting

requirements were discussed; and (2) Only public business matters identified in the motion convening the closed

meeting were heard, discussed or considered. D Any member who believes that there was a departure from certification

requirements of Rule 2-6(C)(1) or (2) shall state so prior to the vote, indicating the substance of that departure (in his or her judgment). The member’s statement shall be recorded in the minutes.

E The failure of a certification to receive the affirmative vote of a majority of

the members present during the closed meeting shall not affect the validity or confidentiality of the closed meeting with respect to matters considered therein in compliance with the Virginia Freedom of Information Act.

F The Council may invite non-members to attend a closed meeting if the

presence of the non-members will reasonably aid the Council in its consideration of an issue. G Any member may request a proposed closed meeting item be pulled from

the agenda for a separate vote on entering closed meeting, at his or her discretion. H Any matter discussed in closed meeting is privileged and shall not be

disclosed by any member or invited guest, except as required by court order.

2-7 Public Hearings

A The order of business for consideration of a matter on the Board's public hearing agenda shall be as follows: (1) Staff presentation, (2) Applicant’s Presentation, (3) Comments from members of the public, (4) Close Public Hearing, (5) Follow-up Questions to staff or applicant, if any, and (6) Council discussion and/or action.

B Members of the Council may direct questions to staff during the staff’s

presentation. C After public comment, any member may ask the applicant to respond to

specific questions raised by the public.

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D Each speaker may have up to 3 minutes to make comments to the Council regarding the subject of the public hearing, whether speaking as an individual or as a representative of ay group or organization. Speakers shall not be permitted to yield their time to another. In the event of a large number of speakers resulting in the continuation of the hearing, any person not heard at the initial public hearing will be the first to speak at the continued hearing.

E The Chair has the authority to add to or decrease the time allotted to each

speaker based on the number of citizens who sign up to speak. The order of speakers will be determined by the sign in registry.

F On any matter referred to the Council by the Planning Commission, if the

applicant or its authorized representative fails to appear before the Council at any City Council hearing or proceeding on the Applicant’s matter, the Council may deem the absence as a request from the applicant to withdraw the application.

2-8 Time Limitation All meetings will have a three-hour time limit from beginning to end unless Council

waives or suspends this rule to extend the meeting. Any item not addressed within the three (3) hours will be continued to the next scheduled meeting as Unfinished Business.

2-9 Discussion Limitation Each member may speak up to but no more than 10 minutes on any agenda item, if a

motion has been made and seconded. This limitation shall be applied to all questions, discussion, and debate made by the member. No member shall speak more than one time on such item unless every other member has been given an opportunity to speak for the same number(s) of time. A member shall not have the right to yield any of his or her time to another member. The time limitations imposed by this rule shall not apply to work sessions or public hearings. III CONDUCT OF BUSINESS

3-1 Order of Business A Call to Order B Roll Call. In the absence of a quorum at the time appointed for a meeting, the

members present by a majority vote take a recess or recesses and direct the Clerk to procure the attendance of absent members. A quorum exists when a majority of Council is present. Should a quorum be not established within no later 30 minutes of the meeting time, the meeting shall be adjourned.

C Closed Session

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D General Business/Administrative Session

(1) Invocation shall be conducted in accordance with §15.2-1416.1 of the Code of Virginia (1950), as amended, prior to the governing body’s actual call to order or convening of business.

(2) Pledge of Allegiance (3) Adoption of Regular and Consent Agenda (any change after this point will

require 2/3 vote) (4) Minutes Approval (5) Consent Agenda Items. The President, City Manager, or Clerk are

encouraged to place routine business, non- controversial matters requiring Council action on the Consent Agenda. Each item for which action will be taken by consent shall be separately listed on the consent agenda. Any Council member may remove items from the Consent Agenda and place them on the regular agenda before consent agenda vote is taken.

(6) Recognitions/Proclamations/Appointments (7) Communications from Citizens/Public Comment. The Council shall set

aside thirty (30) minutes for Communications from Citizens to receive comments from any citizen on any topic not set for public hearing at that meeting. Each citizen shall be allocated three (3) minutes of time to address the Council. All remarks shall be addressed to Council as a body and not to any specific member. Speakers shall not be allowed to: (a) campaign for public office, (b) promote private business ventures, (c) engage in personal attacks, or (d) use profanity or vulgar language. No questions shall be asked (or answered) during the citizen comment period. With due consideration of First Amendment rights and the general limitations imposed herein, the Chair shall have the authority to determine that a matter addressed by a citizen is not an appropriate matter to be heard at the Council meeting. If the chair makes such a determination, any member of Council may make a motion to allow the citizen to speak on the matter. No second shall be required and a majority vote of Council will make the final determination on the issue. In the event that not every speaker has had an opportunity to speak within the thirty (30) minutes, the President shall poll the Council on the question of amending the agenda to add more speaking time after the scheduled business of the meeting.

(8) Presentations/Information/Discussion Items Presentations (Presentations will be limited to 10 minutes.)

(9) Unfinished Business (10) New Business/Action Items (11) Reports of Officers, Boards, Commissions, and Standing Committees

E Public Hearings 7:30 p.m.

3-2 Motions

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A No motion shall be discussed prior to being duly seconded. Once the motion is seconded, the person making the motion shall have a reasonable time as determined by the Chair to give his/her reasons in support of the motion prior to the start of debate.

B All motions shall be duly seconded before being submitted to the Council

for action. C When a question is under discussion, no motion shall be received unless it

is one to: (1) To fix the time to adjourn (2) Adjourn/recess (3) lay on the table, (4) [call] for the previous question, (5) Postpone to a certain time (6) Refer (7) Amend (8) Postpone indefinitely (kill). Such motion shall have precedent in the

foregoing order. D No member should speak for the second time on a motion until every member

desiring to speak has spoken. E A member shall confine his or her debate to the specific motion under debate. F Upon the demand of any member, a question under consideration and covering

two or more points shall be divided when the question admits such division. G Upon a call for a question, the Chair shall determine whether there exists any

objection to ending discussion. If none, the question shall be called. If any person objects, the Chair shall seek a second for the motion to call for the question. A two-thirds (2/3) majority shall be required to end debate.

H When a vote on a motion has been announced, it may be reconsidered: (1) During the meeting in which the vote was taken or during the next regularly

scheduled meeting that immediately follows the vote; and (2) only upon the motion of a member who voted with the prevailing side. (In

the event a motion fails due to a tie vote, a motion to reconsider may be made by any member.)

I Failure of a motion couched in the negative shall not authorize positive

action. J A tie vote defeats the question being voted upon, except as provided by

§15.2-1420 of the Code of Virginia (1950), as amended.

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K A motion to rescind or to amend a prior action adopting something with continuing effect by the Council may be made by any member at a subsequent meeting upon proper notice having been given. There is no time limit for the making of such a motion. Voting requirement is a majority of a quorum, if no advance notice is given to the motion to rescind or amend prior action, the voting requirement shall be a 2/3 vote.

L A motion to rescind or amend a prior action shall be deemed improper if: (1) the original action by the Council was subject to a motion for reconsideration (2) the action or inaction of a third party in reliance on the original Council’s

action is impossible to undo (3) in certain personnel actions that have been taken (as described in Robert’s

Rules of Order); and (4) in any land use decision. M As applied to any action taken by the Council, the terms “adopt” , “accept”

, “agree to” and “approve” are equivalent terms, and the usage of one over another shall not constitute a basis for challenging or invalidating Council action. Notwithstanding the foregoing, the term “adopt” is preferred for motions related to ordinances and resolutions.

3.3 Method of Voting A All questions shall be stated and put the members by the Presiding Officer. B Every member present when a question is put shall vote either “yes” (or “aye”) or

“no” (or “nay”). No member shall participate in a vote on any ordinance, resolution or motion dealing which s/he is an attorney, officer, director, agent or has a financial interest other than as a minority stockholder or as a citizen. Except on matters involving the consideration of his official conduct or where his financial or personal interests are involved, no member shall be excused from voting. In accordance with §2.2-3112 Code of Virginia, as amended, a member shall disclose his or her personal interest(s) and the same shall be recorded in the minutes. Silence shall be recorded as an affirmative vote.

C Votes concerning the approval of any ordinance or resolution shall be by roll call by

the Clerk, followed by immediate statement of result. Roll call for voting on motions shall be chronological by ward numbers.

IV MEMBERS – DUTIES AND PRIVILEGES

4.1 Suspend Rule. These Rules of Procedure may be suspended or waived at any time by the vote of 2/3 of all members present.

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4.2 Abstract of Statement. A member may request through the President the privilege of having an abstract of his or her statement on any subject under consideration by Council entered into the minutes.

4.3 Removal of Agenda Item. Once a member places an item on the agenda, that

item can only be removed by the member who requested it prior to the adoption of the agenda. Once the agenda is adopted, any item can be removed by a 2/3 vote of all members present.

4.4 Seating. Members are seated at the council chamber dais as follows.

President/Mayor: center; Vice Mayor: immediate left of mayor; most-recent past mayor, if any: immediate right of mayor; remainder of members: in increasing numerical order by ward, starting at the far left of the mayor and the immediate right of the city manager. If the vice mayor is the most-recent past mayor, then the next-most-recent past mayor sits to the right of the mayor. The remaining seats are occupied, from the far left, by the city attorney, the city manager, the city clerk, and the assistant city clerk, respectively.

Assistant

City Clerk

City

Clerk

Immediate

Former

Mayor

Mayor Vice

Mayor

City

Manager

City Attorney

The four wards not represented by the Mayor, Vice Mayor and Immediate Past Mayor (*if there is one) are seated in

chronological order by Ward beginning to the far left of the Mayor with the first consecutively numbered ward.

4.5 President/Chair. The President/Mayor shall preside over all meetings of the Council and shall assist with the preparation of meeting agenda unless otherwise provided by law or these Rules of Procedure. The Chair shall preserve decorum and decide all questions of order subject to appeal to Council. In the case of an appeal from a ruling of the Chair, the question shall be put: “Shall the decision of the Chair stand as the decision of the Council?” The Chair may call upon the Vice Mayor or any member, who has not and will not speak on an issue, to take the Chair for a single issue until such is resolved. In no instance shall this substitution expend beyond adjournment.

4.6 Temporary Chairman. In the absence of the Mayor and Vice Mayor, the Clerk

shall call the Council to order and call the roll of the members. If a quorum is found to be present, Council shall proceed to elect by a majority of those members present, a chairman to act until such time as the Mayor or Vice Mayor appears.

4.7 Excused during meeting. Any member desiring to be excused while Council is

in session shall obtain such permission from the Chair. 4.8 Standing committees. Standing committees shall be created only by resolution,

which shall include the purpose and composition of the membership (by number), and shall be approved at a regular Council meeting. Once established, members shall be appointed by the Mayor, with the concurrence of members of Council. The Mayor may designate a chairman of the committee. The committee may elect a vice-chairman to serve in the absence of the

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chairperson. Standing committees shall make periodic reports and recommendations to Council for their information and consideration.

4.9 Special committees. Special committees are appointed by the Mayor for specific

purposes, with the concurrence of members of Council. Special committees shall terminate, by operation of law, upon completion of the assigned task and report to Council. Any special committee not terminated, shall be terminated on the date of the reorganization meeting at which a Mayor and Vice-Mayor are elected.

V MISCELLANEOUS

5.1 Clerk of Council. The Clerk shall be the custodian of all the papers, correspondence, and records of the Council and shall keep official minutes of proceedings which shall record the motions and votes of Council and only such further detail of matters as may be approved by majority vote or requested publicly “for the record” which may be in writing and shall be attributed to the individual Council member making the request. In the absence of the Clerk, and/or the Backup City Clerk, the Mayor shall appoint a Clerk pro tem to keep the minutes and file same in the office of the City Clerk. Detailed debate shall not be recorded in minutes unless requested by Council at public session and with majority of Council’s support. Minutes shall be mainly a record of what was done at the meeting, not what was said by the members. Any question as to the contents of the minutes may be decided only by a majority of Council at the time the minutes are approved.

5.2 Parliamentarian. The City Attorney shall be parliamentarian. When requested

by the Chair, she shall advise the Chair on points of order and parliamentary inquiries.

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18. Implementation Ethics standards shall be included in the regular orientations for City Council candidates. Council members entering office shall sign a statement affirming that they have read and understood the City of Hopewell’s City Council Rules of Conduct. 19. Compliance and Enforcement City Council members themselves have the primary responsibility to assure that the ethical standards are understood, met, and that the public can continue to have full confidence in the integrity of City government. I affirm that I have read and understand the City of Hopewell City Council Rules of Conduct. _____________________ Signature Date

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CONSENT AGENDA

MINUTES

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CITY OF HOPEWELL Hopewell, Virginia 23860

CITY COUNCIL Jasmine E. Gore, Mayor, Ward #4

Patience Bennett, Vice Mayor, Ward #7 Debbie Randolph, Councilor, Ward #1 Arlene Holloway, Councilor, Ward #2

John B. Partin, Jr., Councilor, Ward #3 Janice Denton, Councilor, Ward #5

Brenda S. Pelham, Councilor, Ward #6

John M. Altman, Jr., City Manager Sandra. Robinson, City Attorney Ronnieye L. Arrington, City Clerk

AGENDA (804) 541-2249

www.hopewellva.gov [email protected]

[email protected]

December 6, 2019 COUNCIL CHAMBERS 300 N MAIN ST. HOPEWELL VA

Special Meeting: 5:30 PM

There was no special meeting due to lack of quorum.

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MINUTES OF THE DECEMBER 10, 2019 CITY COUNCIL MEETING A meeting of the Hopewell City Council was held Tuesday, December 10, 2019, at 5:30 p.m. in the City Council Chambers, Municipal Building, 300 North Main Street, Hopewell, Virginia. PRESENT: Jasmine E. Gore, Mayor, Ward 4 Patience Bennett, Vice Mayor, Ward 7 (arrived at 5:45 p.m.) Deborah Randolph, Councilor, Ward 1 Arlene Holloway, Councilor, Ward 2 John B. Partin, Jr., Councilor, Ward 3 Janice B. Denton, Councilor, Ward 5 Brenda Pelham, Councilor, Ward 6 John M. Altman, Jr., City Manager Charles Dane, Assistant City Manager Sandra R. Robinson, City Attorney Ronnieye L. Arrington, City Clerk ROLL CALL Mayor Gore opened the meeting at 5:33 p.m. Roll call was taken as follows:

Mayor Gore - present Vice Mayor Bennett - absent (arrived at 5:45 p.m.) Councilor Randolph - present Councilor Partin - present Councilor Holloway - present Councilor Denton - present Councilor Pelham - present CLOSED MEETING At 5:33 p.m., Councilor Partin moved to go into closed meeting pursuant to Va. Code Sections 2.2-3711 (A)(1) to discuss and consider personnel matters, including the appointment, assignment, and performance of specific public officers, appointees and employees of the City, and consideration/discussion of prospective candidates for employment and appointment; (A)(3) and (A)(6) to discuss the acquisition of real property for a public purpose and the investment of public funds where bargaining is involved, and discussion in open meeting would adversely affect the City’s bargaining position and financial interest; (A)(7) and (8) to consult with legal counsel and be briefed by staff regarding probable litigation and specific legal matters where such briefing and consultation in open meeting would adversely affect the City’s litigating posture; (A)(39) to discuss and consider information related to economic development; and to the extent such discussions will be aided thereby,(A)(4) for the protection of the privacy of individuals in personal matters not related to public business. Councilor Denton seconded the motion. Upon the roll call, the vote resulted:

Vice Mayor Bennett - --- (arrived at 5:45 p.m.) Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - ---- (absent from dais) Motion passed 6-0

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RECONVENE OPEN MEETING At 7:51 Councilor Partin moved that Council come out of Closed Session. His motion was seconded by Councilor Denton. Upon the roll call, the vote resulted: Vice Mayor Bennett - --- (arrived at 5:45 p.m.) Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - ---- (absent from dais) Motion passed 6-0 Immediately thereafter, Council responded to the question pursuant to Virginia Code § 2.2-3712 (D): were only public business matters (I) lawfully exempted from open-meeting requirements and (II) identified in the closed-meeting motion discussed in closed meeting? Upon the roll call, the responses resulted:

Councilor Denton - yes Councilor Pelham - ----- (absent from dais) Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes ROLL CALL Mayor Gore requested a roll call as follows: Vice Mayor Bennett - present Councilor Randolph - present Councilor Holloway - present Councilor Partin - present Mayor Gore - present Councilor Denton - present Councilor Pelham - ----- (absent from dais)

REGULAR MEETING PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

Mayor Gore called the meeting to order, and thanked all for attending. The prayer was led by Herbert Bragg, Director of Intergovernmental Affairs, followed by the Pledge of Allegiance to the Flag of the United States of America, led by Councilor Pelham.

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AMEND AGENDA Councilor Pelham moved to amend the agenda top move items R-10 and R-11 to Unfinished Business as items UB-1 and UB-2. Mayor Gore seconded her motion. Upon the roll call, the vote resulted: Vice Mayor Bennett - no Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - no Mayor Gore - yes Councilor Denton - no Councilor Pelham - yes Motion passed 4-3 Councilor Pelham moved that item R-7 be moved to item R-4, and that item R-4 be moved to R-7. Her motion was seconded by Mayor Gore. Upon the roll call, the vote resulted: Vice Mayor Bennett - no Councilor Randolph - no Councilor Holloway - yes Councilor Partin - no Mayor Gore - yes Councilor Denton - no Councilor Pelham - yes Motion failed 4-3 Councilor Pelham moved to move item UB-1 to discussion of the Strategic Plan. Her motion was seconded by Mayor Gore. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - no Mayor Gore - yes Councilor Denton - no Councilor Pelham - yes Motion passed 5-2 Councilor Randolph moved to remove item R-8 from the agenda. Her motion was seconded by Councilor Denton. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 7-0 Councilor Pelham moved to adopt the agenda with all of the amendments as noted. Her motion was seconded by Vice Mayor Bennett. Upon the roll call, the vote resulted:

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Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 7-0 ITEMS FOR FUTURE AGENDA Council requested that the Clerk note that the Pending List and a work session for the agenda structure is to be discussed at the second meeting in January 2020. The Mayor asked that these items be placed on the agenda for the second meeting in January 2020.

Consent Agenda All matters listed under the Consent Agenda are considered routine by Council and will be approved or received by one motion in the form listed. Items may be removed from the Consent Agenda for discussion under the regular agenda at the request of any Councilor.

C-1 Minutes: Council minutes - November 12, and November 25, 2019

1. Attached C-2 Pending List: C-3 Routine Approval of Work Sessions: C-4 Personnel Change Report & Financial Report:

1. Personnel Change Report attached C-5 Ordinances on Second & Final Reading: C-6 Routine Grant Approval: C-7 Public Hearing Announcement: C-8 Information for Council Review: Minutes

1. Minutes: Architectural Review Board 9-23-19; Board of Zoning Appeals 4-8-19, 2-20-19, 3-15-19, and 11-20-19; Hopewell Redevelopment & Housing Authority 9-9-19; Keep Hopewell Beautiful 10-9-19; and Petersburg Area Regional Tourism Board 8-16-19

C-9 Resolutions/Proclamations/Presentations: C-10 Public Hearing Announcement: Councilor Pelham moved to approve the Consent Agenda as presented. Councilor Partin seconded the motion. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 7-0

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PUBLIC HEARINGS PH-1 Public hearing to consider citizen comments regarding a request to vacate a portion of an alley

between 511 Sherman Avenue, 2606 Bristol Street, and Sub-Parcel #014-2510 – Tevya Griffin, Director of Development, presented information to Council regarding this item. Mayor Gore opened the public hearing at 8:12 p.m. Gary Leech, one of the applicants for this request, came forward and spoke to Council in support of his request. There being no other persons signed up to speak on this matter, and no one coming forward at the Mayor’s invitation, the Mayor closed the public hearing. Councilor Partin moved to approve the vacation of a portion of an alley between 511 Sherman Avenue, 2606 Bristol Street, and Sub-Parcel #014-2510. His motion was seconded by Councilor Pelham. Upon the roll call, the vote resulted:

Vice Mayor Bennett - yes Councilor Randolph - no Councilor Holloway - no Councilor Partin - yes Mayor Gore - no Councilor Denton - no Councilor Pelham - no Motion failed 5-2 PH-2 Public Hearing – Ordinance Amending Sec. 2-4 of City Code to Provide for Waiver of

Residency Requirements – Sandra Robinson, City Attorney, presented information to Council regarding this item. Mayor Gore opened the public hearing at 8:30 p.m. Yolanda Stokes of Ward 6 came forward and spoke in opposition to the proposed ordinance. There being no other persons signed up to speak, and no one coming forward upon the Mayor’s invitation, the Mayor closed the public hearing. Councilor Pelham moved to approve the ordinance amended Sec. 2-4of the City Code to provide for waiver of the residency requirement. Her motion was seconded by Councilor Holloway.

Upon discussion, Councilor Denton requested to make an amendment to Councilor Pelham’s

motion. Her request was seconded by Councilor Randolph. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 7-0 Councilor Denton moved to approve the amended ordinance, but to remove the word “contract”

from the amended ordinance. Her motion was seconded by Vice Mayor Bennett. Upon the roll call, the vote resulted:

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Vice Mayor Bennett - no Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - no Mayor Gore - yes Councilor Denton - yes Councilor Pelham - no Motion passed 4-3 Councilor Pelham moved to waive the residency requirement for the current City Attorney, Sandra Robinson. Her motion was seconded by Councilor Holloway. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - no Councilor Holloway - yes Councilor Partin - no Mayor Gore - yes Councilor Denton - no Councilor Pelham - yes Motion passed 4-3 UNFINISHED BUSINESS

UB-1 Innovation Competition (formerly R-10) – this item was tabled by Mayor Gore. UB-2 Request City Council create a system for members of staff and public to report suspected incidents of fraud, waste or abuse (formerly R-11_ – this item was tabled by Mayor Gore. UB-3 New City-Wide Pavement Program (formerly UB-1) – this item moved to the Strategic Plan. UB-4 Approve the contract to purchase 200d Fern Street for cemetery expansion – Charles Dane, Assistant City Manager presented information to Council regarding this item. Councilor Pelham moved for the seller to lease the Fern Street property from the City for six (6) months, after which this item would be brought back to Council for additional discussion. Upon discussion of Council, Councilor Pelham withdrew her motion. Councilor Denton moved to approve the sale of the property at 2009 Fern Street for cemetery expansion at $91,900. Her motion was seconded by Councilor Partin. Upon additional discussion, she withdrew her motion. Councilor Pelham moved to approve the purchase of the property at 2009 Fern Street for cemetery expansion at a cost of $94,197.50. Her motion was seconded by Councilor Randolph. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - no

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Motion passed 6-1 UB-5 Postpone closing date for WE Bowman on Francisco Landing development to January 31, 2020 (formerly item UB-3) – Charles Dane presented information to Council regarding this item. Councilor Randolph moved to allow WE Bowman to postpone the closing date to no later than January 31, 2020. Her motion was seconded by Councilor Partin. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 7-0 UB-6 Ratify the contract for the operation of the Warming Shelter (formerly item UB-4) – Charles Dane presented information to Council regarding this item. Councilor Partin moved to ratify the contract for operation of the Warming Shelter and to authorize the City Manager to sign and execute the contract. His motion was seconded by Councilor Pelham. Upon the roll call, the vote resulted: Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion failed 7-0 UB-7 Creation of Ashford Kent Ad-Hoc Committee – this item was tabled by Mayor Gore. She requested that Mr. Bragg contact the Twinning Committee to obtain information.

COMMUNICATIONS FROM CITIZENS

Brandon Howard of Ward 5 spoke to Council regarding the 2A Sanctuary bill. He requested a resolution to make the City of Hopewell a Sanctuary City and asked that it be included in the January agenda. He asked that the supporters who accompanied him to the meeting stand. Approximately 25 people stood. Councilor Randolph requested that this item be added to the January agenda. Russell Tatum of Ward 2 spoke to Council regarding the disrepair of the sauna in the Community Center. Ed Houser of Ward 1 spoke to Council regarding his concerns about the random violence and shootings in the City. Yolanda Stokes of Ward 6 spoke to Council regarding her concerns about a posting on social media.

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Bruce Allala of Ward 6 spoke in support of Hopewell becoming a 2A sanctuary city. Joan Gosier, City Treasurer and Ward 6 resident, requested that educational information about the pros and cons of 2A be provided. Bruce Allala spoke again to advise council that he was aware that the recent shootings were not from law-abiding citizens.

REGULAR BUSINESS Reports of City Manager: R-1 Presentation – VCU Performance Management Review Pilot: James Buke and Linda Pearce of

VCU presented the results of their study of Fire & Rescue, Public Works and Recreation & Parks to Council. They said they would be studying Finance, Purchasing and Human Resources next. They also indicated that they would like to review the Police Department, as well.

MOTION TO EXTEND

Councilor Pelham moved to waive Council rules and to extend the meeting long enough to complete items R-3, R-5, R-6, R-7 and the items discussed in Closed Session. Her motion was seconded by Councilor Randolph. Upon the roll call, the vote resulted:

Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 7-0 R-2 CAFR Update – This item was not included in the items to be heard and is therefore tabled.

R-3 FY20 VDOT Revenue Sharing Program Reimbursements – Johnny Butler, City Engineer, presented information to Council regarding this item. Councilor Partin moved to authorize to appropriate the VDOT Revenue Sharing Program reimbursements to the City’s Capital Improvement Plan to advance the list of current and future identified projects approved for the VDOT Revenue Sharing Program and the Pavement Managing Program. His motion was seconded by Councilor Randolph. Upon the roll call, the vote resulted:

Vice Mayor Bennett - yes Councilor Randolph - yes Councilor Holloway - yes Councilor Partin - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 7-0

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R-4 N 2nd Avenue Traffic Flow Alteration – This item tabled. R-5 Approve the retention of funds from the proceeds of property sale by the Hopewell Economic

Development Authority – Charles Dane presented information to Council regarding this item. Councilor Pelham moved for the Economic Development Authority to keep the partial funds from the Nathan Grubb Property for the EDA to be used solely for accounting and audits. Her motion was seconded by Councilor Partin. Upon the roll call the vote resulted.


R-6 Request to appropriate revenue from surplus property auction – Due to time constraints, there was no presentation to Council other than the information provided in the agenda packet. Councilor Pelham moved that the $3,370 revenue from the November 2, 2019 auction be deposited into the Parks & Recreation Department fund to assist with regular operating expenses. Her motion was seconded by Councilor Partin. Upon the roll call, the vote resulted:


R-7 City Council Strategic Plan – John M. Altman, Jr., presented this information to Council. There was no council action for this item.

R-8 Neighborhood Watch Advisory Board – this item was removed.

Reports of the City Clerk – APPOINTMENTS:

Councilor Pelham moved to remove Ms. Williams from the Ashford Civic Plaza Committee; to bring the CPMT board back to Council the second meeting in January; to appoint Carl Bottom to the Dock Commission; to appoint Robert Moore to the Economic Development Authority; to allow Council to conduct

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reviews for additional EDA candidates in January or February; to appoint Becky McDonough to the Historic Preservation Committee as the HPG representative, David Fratarcangelo to HPC as the citizen representative, and Rita Joyner to HPC as the ARB representative; that the City Attorney opine as to the qualifications for an appointee to Social Services at the January 14, 2020 meeting; to reappoint Terrence Doctor, Brittney Dolsey, Ruth Johnson and Naquetta Mitchell to the Youth Services Commission; to appoint Sean “Rocky” Shearin to the Youth Services Commission pending background check; for the City Clerk to verify if Quayle Agurs was qualified to serve on the Youth Services Commission as a service provider; for Council to provide feedback to the Mayor regarding Council personnel evaluations on the 27th, revisions by the 28th and final confirmation by the 30th, hard copies on 1-3-20, and for Council’s appointees (personnel) to be evaluated on 1-7-20; and to approve that the City Attorney work with the Commissioner of Revenue on a legal matter. Her motion was seconded by Mayor Gore. Upon the roll call, the vote resulted:


ADJOURN At 10:38 p.m., Councilor Denton moved to adjourn the meeting. Her motion was seconded by Councilor Partin. All answered in favor. /s/ Jasmine E. Gore Jasmine E. Gore, Mayor /s/ Ronnieye L. Arrington Ronnieye L. Arrington, City Clerk

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MINUTES OF THE CITY COUNCIL MEETING HELD DECEMBER 12, 2019 A special meeting of the Hopewell City Council was held Thursday, December 12, 2019, at 6:30 p.m. in Council Chambers at 300 North Main Street, in Hopewell, Virginia. PRESENT: Jasmine Gore, Mayor, Ward 4 Deborah Randolph, Councilor, Ward 1 Arlene Holloway, Councilor, Ward 2 Johnny Partin, Councilor, Ward 3 Janice Denton, Councilor, Ward 5 Brenda Pelham, Councilor, Ward 6 (arrived at 6:50 p.m.) John M. Altman, Jr., City Manager Ronnieye L. Arrington, City Clerk ABSENT: Patience Bennett, Vice Mayor This special meeting was called as a direct result of the increase in shootings and other violent crimes here in Hopewell, including the tragic death of a Richmond firefighter. Council requested a meeting to get information and make a determination as to what could be done. The below is not a word-for-word report of Council’s discussions, but is rather a brief synopsis for recordkeeping purposes only. OPEN MEETING Mayor Gore called the meeting to order at 6:31 p.m. She thanked the visitors for attending. SB-1 Set a date for a Crime Summit – John “March” Altman, City Manager presented Council with three dates on which a Summit could be held, namely: January 8, January 15 and/or January 22, 2020. Council to advise as to which date works best. SB-2 Discuss crime statistics and criminal activity - March Altman and Kamran Afzal, Chief

of Police, provided Council with three maps. One map depicted “Shooting Crimes by Type from January 1, 2019 through December 8, 2019. The map showed homicide, aggravated assault, vandalism, weapon offenses and shots fired. The second map depicted “Shooting Crimes from January 1, 2019 through December 8, 2019. This map showed only shooting crimes. The final map depicted “Shooting Crimes Hotspots,” from January 1, 2019 through December 8, 2019. Chief Afzal gave a brief description of each map.

SB-3 Update on Chief of Police Citizen Advisory Committee – Chief Afzal went over the

Purpose, Vision and Mission Statements for the Chief’s advisory Committee. He explained to Council the purpose of the CAC and how it was different that a Council-appointed board. He noted that this board had already met twice and come up with and shared some good ideas as to addressing come issues.

SB-4 Community policing and possible ward community police officers – Chief Afzal

defined community policing as a partnership between the police and the community. He said that community policing was already in place, but to have more of a presence, he would need additional staff. Chief Afzal said there were currently community police officers (“CPO”) assigned to neighborhood watches. He said he would not mind

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attaching CPO’s to the wards, but again, that would require more personnel and more funding. He submitted a memo entitled “Budget Justification for Additional Sworn Positions.”

SB-5 Cities of Opportunity Grant presentation – Mayor Gore presented information relating

to the Cities of Opportunity Grant, as well as showing all the available software that could be use through this program. She showed videos, as well. At the end of her presentation, Council requested that she provide that information to all of Council She agreed that she would do so. Alton Hart, Jr., MD, MPH, Director for the Crater District Health Departments/Virginia Department of Health, was in the audience at Mayor Gore’s invitation. She asked him to come forward and speak, which he did.

ADJOURN At 7:45 p.m. Councilor Randolph moved that the meeting be adjourned. Her motion was seconded by Mayor Gore. Council unanimously agreed to adjourn the meeting. Ronnieye Arrington, City Clerk Jasmine Gore, Mayor

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January 7, 2020 Reorganizational Meeting

MINUTES OF THE CITY COUNCIL MEETING

A Reorganizational Meeting of the City Council of the City of Hopewell, Virginia, was held

Tuesday, January 7, 2020, at 6:30 p.m. in the City Council Chambers, Municipal Building, 300 North Main Street, Hopewell, Virginia. PRESENT: Jasmine E. Gore, Vice Mayor Debbie Randolph, Councilor Arlene Holloway, Councilor Janice B. Denton, Councilor Brenda S. Pelham, Councilor John Altman, Jr., City Manager Charles Dane, Assistant City Manager Sandra Robinson, City Attorney Ronnieye L. Arrington, City Clerk ABSENT: Patience Bennett, Councilor Johnny Partin, Councilor ROLL CALL Mayor Gore opened the meeting at 6:34 p.m. Roll call was taken as follows:

Vice Mayor Bennett - absent Councilor Randolph - present Councilor Holloway - present Councilor Partin - absent Mayor Gore - present Councilor Denton - present Councilor Pelham - present

SPECIAL MEETING

AMEND/ADOPT AGENDA

Councilor Pelham moved to adopt the special meeting agenda. Her motion was seconded by Councilor Randolph. Upon the roll call, the vote resulted: Councilor Randolph - yes Councilor Holloway - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 5-0


CLOSED MEETING Councilor Pelham made a motion to go into closed meeting pursuant to Va. Code §§ 2.2-3711 (A) (1) to discuss and consider personnel matters, including the appointment, assignment, resignation, and performance of specific public officers, appointees and employees of the City; and to the extent such discussion will be aided thereby, (A) (4) for the protection of the privacy of individuals in personal matters not related to public business. Her motion was seconded by Councilor Randolph. Upon the roll call, the vote resulted:

Councilor Randolph - yes Councilor Holloway - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 5-0 RECONVENE OPEN MEETING At 8:00 p.m. Council returned to the dais. Councilor Pelham moved that Council come out of closed meeting. Her motion was seconded by Councilor Randolph. Upon the roll call, the vote resulted: Councilor Randolph - yes Councilor Holloway - ---- (absent from dais) Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 5-0

CERTIFICATION

Council convened into Open Session and responded to the question pursuant to Virginia Code § 2.2-3712 (D): were only public business matters (I) lawfully exempted from open-meeting requirements and (II) identified in the closed-meeting motion discussed in closed meeting? Upon the roll call, the vote resulted: Councilor Randolph - yes Councilor Holloway - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes ROLL CALL

Mayor Gore requested a roll call as follows:


Councilor Randolph - present Councilor Holloway - present Mayor Gore - present Councilor Denton - present Councilor Pelham - present

SPECIAL MEETING Charles Dane, Assistant City Manager led the prayer, as well as the Pledge of Allegiance to the Flag of the United States of America. SB-1 Establish City Council regular meeting dates for 2020, and dates for special meetings and work sessions, pursuant to Virginia Code § 15.2-1416.

Councilor reviewed the proposed City Council calendar and requested the following amendments: 1. Move the meeting scheduled for September 9, 2020 to September 15; 2. Move the meeting scheduled for September 22, 2020 to September 29; 3. Remove the meeting scheduled for October 12, 2020 4. Change the November 25, 2020 holiday notation to denote that it is only a half-day; 5. Move the meeting schedule for December 15, 2020 to December 8; 6. Set the next organizational meeting for January 5, 2021. Councilor Randolph moved to approve the City Council calendar as amended. Her motion was

seconded by Councilor Denton. Upon the roll call, the vote resulted:

Councilor Randolph - yes Councilor Holloway - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 5-0

SB-2 Adopt Resolution regarding adverse weather or other emergency conditions. Mayor Gore read the language of the resolution into the record. Councilor Denton made a motion to adopt the resolution as written. The motion was seconded by Councilor Pelham. Upon the roll call, the vote resulted: Councilor Randolph - yes Councilor Holloway - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 5-0


SB-3 Strategic Plan Councilor Pelham moved that Council direct the City Manager to add three columns for all Objectives in the current Strategic Plan. The columns are to be labeled “Date Range,” “Funding”, and “Staffing.” Date Range was defined as the guesstimate of the amount of time it would take to complete. Funding was defined as how much it would cost to complete the project if an outside person had to be brought in. Staffing was defined as noting if any additional staffing was required to complete the objective. The revised Strategic Plan is to be brought back to Council Feb. 11, 2020. Her motion was seconded by Councilor Denton. Upon the roll call, the vote resulted: Councilor Randolph - yes Councilor Holloway - yes Mayor Gore - yes Councilor Denton - yes Councilor Pelham - yes Motion passed 5-0 ADJOURN At 8:35 p.m. motion was made by Councilor Denton and seconded by Councilor Randolph to adjourn. All council responded “aye” to the question. /s/ Jasmine Gore Jasmine Gore, Mayor /s/ Ronnieye L. Arrington Ronnieye L. Arrington, City Clerk

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as

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advi

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cou

ld b

e di

ssol

ved

3 ye

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afte

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alto

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te r

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can

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diss

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2-7-

17

2-21

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D

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whe

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can

be

diss

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d M

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re

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whe

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subm

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2/

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18, i

f not

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is g

iven

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the

firs

t po

ssib

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busi

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day

of t

he y

ear.

2-

7-17

Mr.

Hal

ey r

epor

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lap

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ired

, co

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ear

to y

ear

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1/1/

2018

the

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can

pr

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pu

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ase

the

inte

rest

of t

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tate

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vest

or M

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). T

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purc

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e w

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occ

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30

and

90 d

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afte

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at t

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exe

rcis

ing

its

purc

has

e op

tion

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2-13

-18

– C

oun

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evie

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2-

27-1

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to c

ome

back

to

Cou

nci

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27-1

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cuss

ed w

ith

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oun

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n c

lose

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ssio

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C

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an

d C

ity

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orne

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pre

sen

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tern

ativ

es t

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oun

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39

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& C

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appr

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Cou

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wit

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ran

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5/12

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3-15

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2-7-

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2-21

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for

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duri

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In

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2017

.

Mar

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ltm

an

PEN

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G

6-23

-17

emai

l rem

inde

r se

nt

to H

aley

C

ity

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ill is

sue

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re

bran

din

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ewel

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o R

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N

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ED

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E C

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3-19

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– A

ltm

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incl

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and

bud

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art

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3-1-

18

Vic

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o th

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iliti

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mit

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40

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2-27

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on

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OV

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4-4-

17

Cou

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rin

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12-2

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ill d

iscu

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e th

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d co

me

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4-5-

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dete

rmin

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hy

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as s

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ploy

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esp

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tere

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mpl

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empl

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3-27

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thon

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41

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3-27

-18

Cou

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form

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18

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4-25

-17

Cou

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fo:

how

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y ve

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does

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own

?

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y dr

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hic

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incl

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ow m

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2-23

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2-29

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2-7-

17

2-21

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To a

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pdat

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rg. C

hart

42

CIT

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OU

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cil,

Legi

slat

ive

Com

mit

tee

and

pass

ed

Fin

al r

evis

ion

s w

ere

rece

ived

on

2-2

1-17

; Cit

y A

ttor

ney

is r

ewri

tin

g an

d w

ill p

rovi

de D

RA

FT t

o C

oun

cil &

Leg

isla

tive

C

omm

itte

e C

ity

Att

orn

ey e

mai

led

to

Cou

nci

l & L

egis

lati

ve

Com

mit

tee

for

revi

ew.

Mar

k H

aley

C

har

les

Dan

e S

tefa

n C

alos

C

ity

Cle

rk

CO

MPL

ETE

D

Ord

inan

ce r

evis

ed a

nd

emai

led

on 3

-13-

17 t

o C

ity

Cou

nci

l an

d th

e Le

gisl

ativ

e C

omm

itte

e fo

r re

view

; Le

gisl

ativ

e C

omm

itte

e &

C

oun

cil n

ow t

o re

view

an

d re

port

bac

k to

Cit

y A

ttor

ney

an

d C

ity

Man

ager

wit

h a

ny

sugg

este

d re

visi

ons;

Cou

nci

l th

en t

o V

ote

on O

rdin

ance

Th

en C

ity

Cle

rk w

ill s

ched

ule

In

terv

iew

s fo

r C

omm

itte

e M

embe

rs &

pro

vide

th

em w

ith

co

py o

f Ord

inan

ce d

uri

ng

the

inte

rvie

w p

roce

ss.

12-2

017

– Yo

uth

Com

mis

sion

est

ablis

hed

and

had

firs

t m

eeti

ng. 2

nd a

nd

3rd

mee

ting

s al

so s

ched

uled

. C

ult

ura

l Res

ourc

e M

anag

emen

t Pl

an

2-21

-17

Cou

nci

lor

Lum

an-B

aile

y C

ity

Man

ager

Te

vya

Gri

ffin

A

RF

DD

RC

Pl

ann

ing

Com

mis

sion

CO

MPL

ETE

D

Cit

y M

anag

er a

nd

Tevy

a G

riffi

n t

o su

pply

th

e C

ult

ura

l R

esou

rce

Man

agem

ent

Plan

to

the

AR

B; D

DR

C &

Pla

nn

ing

Com

mis

sion

for

Fin

anci

al

Gra

nts

av a

ilabl

e to

th

em a

nd

the

Cit

y.

43

CIT

Y C

OU

NC

IL P

EN

DIN

G L

IST

10-2

2-19

6

Req

uest

D

ate

Vot

ed/

Req

uest

ed

Form

at/I

nfor

mat

ion

Req

uest

ed

Poin

t Pe

rson

St

atus

Cit

izen

Ove

rsig

ht

Com

mit

tee

– re

com

men

dati

on fr

om C

hie

f to

cre

ate

Cit

izen

Ove

rsig

ht

Com

mit

tee

R

equ

este

d du

rin

g C

oun

cil

Mee

tin

g. R

e-ap

prov

ed b

y C

oun

cil

emai

l to

CM

on

5-

12-1

9

Pelh

am

M

et w

ith

Ch

ief.

Ch

esap

eake

Bay

Cle

an W

ater

Blu

epri

nt-

appr

oval

re

com

men

dati

on fr

om s

taff

R

equ

este

d du

rin

g C

oun

cil

Mee

tin

g. R

e-ap

prov

ed b

y C

oun

cil

emai

l to

CM

on

5-

12-1

9

Part

in

C

OM

PLE

TED

Sm

all B

usi

nes

s Pr

ocu

rem

ent

Polic

y –

reco

mm

enda

tion

from

st

aff

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Part

in

Mar

ch A

ltm

an

Rec

omm

end

dela

y di

scu

ssio

n

un

til a

fter

com

plet

ion

of

FY18

C

AFR

to

allo

w P

urc

has

ing

Age

nt

to p

arti

cipa

te in

rev

iew

an

d de

velo

pmen

t of

pol

icy.

Vet

eran

Su

ppor

t-R

equ

est

legi

slat

ion

an

d in

itia

tive

s to

mak

e H

opew

ell m

ore

Vet

eran

Fri

endl

y fr

om s

taff

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Gor

e

44

CIT

Y C

OU

NC

IL P

EN

DIN

G L

IST

10-2

2-19

7

Req

uest

D

ate

Vot

ed/

Req

uest

ed

Form

at/I

nfor

mat

ion

Req

uest

ed

Poin

t Pe

rson

St

atus

Ven

dor

Proc

ure

men

t Po

licy

to a

ddre

ss b

ulk

ord

erin

g of

like

pr

odu

cts,

rev

iew

of m

ajor

exp

endi

ture

s by

th

e sa

me/

freq

uen

t ve

ndo

rs

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Gor

e M

arch

Alt

man

W

ork

Ses

sion

on

Oct

. 2

Rec

omm

end

dela

y di

scu

ssio

n

un

til a

fter

com

plet

ion

of

FY18

C

AFR

to

allo

w P

urc

has

ing

Age

nt

to p

arti

cipa

te in

rev

iew

an

d de

velo

pmen

t of

pol

icy.

Lou

d M

usi

c O

rdin

ance

– r

evie

w fr

om P

olic

e C

hie

f R

equ

este

d du

rin

g C

oun

cil

Mee

tin

g. R

e-ap

prov

ed b

y C

oun

cil

emai

l to

CM

on

5-

12-1

9

Part

in

Mar

ch A

ltm

an

Nee

d u

nde

rsta

ndi

ng

of is

sue

befo

re m

akin

g a

reco

mm

enda

tion

. Is

it c

itiz

en

com

plai

nt

driv

en?

This

issu

e h

as b

een

dis

cuss

ed in

th

e pa

st.

Wou

ld n

eed

Cit

y A

ttor

ney

invo

lvem

ent,

di

scu

ssio

ns

of e

nfo

rcem

ent

opti

ons,

cu

rren

t ca

pabi

litie

s,

and

cou

rt’s

pos

itio

n o

n t

he

issu

e.

Em

ploy

ee D

ay t

o S

erve

– r

ecom

men

dati

ons

by s

taff.

R

equ

este

d du

rin

g C

oun

cil

Mee

tin

g. R

e-ap

prov

ed b

y C

oun

cil

emai

l to

CM

on

5-

12-1

9

Part

in

Ass

ign

ed t

o H

R

CO

MPL

ETE

D

45

CIT

Y C

OU

NC

IL P

EN

DIN

G L

IST

10-2

2-19

8

Req

uest

D

ate

Vot

ed/

Req

uest

ed

Form

at/I

nfor

mat

ion

Req

uest

ed

Poin

t Pe

rson

St

atus

Con

flict

of I

nte

rest

Pol

icy-

publ

ic d

ecla

rati

on o

f con

flict

du

rin

g m

eeti

ng

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Den

ton

Cou

nci

l nee

ds t

o w

ork

on t

his

is

sue

wit

h t

he

Cit

y A

ttor

ney

.

Bre

ach

of C

onfid

enti

alit

y –

impo

se s

anct

ion

s fo

r vi

olat

ion

s of

pu

blic

tru

st a

nd

rele

ase

of c

onfir

mat

ion

info

rmat

ion

R

equ

este

d du

rin

g C

oun

cil

Mee

tin

g. R

e-ap

prov

ed b

y C

oun

cil

emai

l to

CM

on

5-

12-1

9

Gor

e

Cou

nci

l iss

ue.

Doe

s C

oun

cil

nee

d st

aff t

o as

sist

? I

f so,

w

hat

doe

s C

oun

cil s

ee a

s st

aff

invo

lvem

ent?

N

OTE

: C

oun

cil R

ule

s &

Pr

oced

ure

s

Polic

e R

enov

atio

n B

udg

et –

pre

sen

tati

on fr

om s

taff

abou

t co

nst

ruct

ion

pro

ject

cos

t an

alys

is, t

empo

rary

str

eet

clos

ure

an

d pl

ans

for

300k

ren

ovat

ion

/all

depa

rtm

ents

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Pelh

am

Gor

e D

ento

n

R

esen

d in

form

atio

n

Boa

rds,

Com

mis

sion

s an

d V

olu

nte

er F

lyer

dra

ft

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Gor

e

Wai

tin

g on

Cou

nci

l to

com

plet

e pe

ndi

ng

inte

rvie

ws;

w

ill in

corp

orat

e re

ques

ts b

y C

oun

cil t

hat

hav

e al

read

y be

en r

ecei

ved

– M

ayor

. 46

CIT

Y C

OU

NC

IL P

EN

DIN

G L

IST

10-2

2-19

9

Req

uest

D

ate

Vot

ed/

Req

uest

ed

Form

at/I

nfor

mat

ion

Req

uest

ed

Poin

t Pe

rson

St

atus

Pavi

ng

sch

edu

le fo

r st

reet

s, p

avin

g fo

rmu

la a

nd

budg

et

brea

kdow

n

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Cou

nci

l

Rev

enu

e es

tim

ates

for

sew

er/w

aste

wat

er/t

rash

wit

h n

ew

serv

ice

con

trac

t. L

oss

in p

revi

ous

year

s. P

roje

ct fo

r th

is

curr

ent

year

an

d n

ext

year

.

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Gor

e

Sep

tem

ber

25, 2

019

Sch

edu

led

curb

/gu

tter

, an

d st

orm

wat

er p

roje

cts,

list

of

nei

ghbo

rhoo

d sp

ecifi

c pr

ojec

ts a

nd

budg

et b

reak

dow

n.

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Gor

e

Fera

l Cat

Pol

icy

– re

com

men

dati

ons

by s

taff.

A

dded

to

Pen

din

g Li

st

afte

r C

oun

cil

disc

uss

ion

; em

aile

d to

C

M o

n

5-12

-19

Cou

nci

l

47

CIT

Y C

OU

NC

IL P

EN

DIN

G L

IST

10-2

2-19

10

Req

uest

D

ate

Vot

ed/

Req

uest

ed

Form

at/I

nfor

mat

ion

Req

uest

ed

Poin

t Pe

rson

St

atus

Bea

con

Th

eatr

e S

un

day

Use

for

Com

mu

nit

y-br

eakd

own

of

100k

com

mu

nit

y fu

nds

use

d an

d pl

ans

for

usa

ge.

5-14

-19

Age

nda

G

ore

Pe

r C

oun

cil d

irec

tion

s,

Ran

dolp

h/G

ore/

CM

to

spea

k w

ith

Bea

con

Man

agem

ent

abou

t be

ing

able

to

use

th

e B

eaco

n o

n S

un

days

firs

t –

May

or

Hop

ewel

l “B

Cor

p” –

Use

red

uct

ion

in C

oun

cil f

un

ds t

o su

ppor

t co

mm

un

ity

prog

ram

s by

pro

vidi

ng

a gr

ant

to

citi

zen

s/co

mm

un

ity

part

ner

s th

at h

ose

even

ts/w

orks

hop

s an

d/or

free

/low

cos

t co

mm

un

ity

prog

ram

s.

5-14

-19

Age

nda

G

ore

48

CIT

Y C

OU

NC

IL T

OP

PRIO

RIT

IES

LIST

10

-22-

19

1

TOP

PRIO

RIT

IES

H

R M

AN

UAL

M

eeti

ng

Dat

e R

eque

ster

St

aff

Feed

back

D

eadl

ine/

Stat

us

Wor

k se

ssio

n w

ith

Hu

man

Res

ourc

es t

o di

scu

ss H

R

Man

ual

an

d em

ploy

ee t

rave

l pol

icy

1-9-

18

Pelh

am

Gor

e 3-

18-1

8 –

Cit

y M

anag

er a

nd

HR

D

irec

tor

to r

evie

w c

urr

ent

polic

y an

d sc

hed

ule

wor

k se

ssio

n t

o m

ake

reco

mm

enda

tion

s fo

r ch

ange

s 9-

19-1

8 –

Aw

aiti

ng

hiri

ng

of N

ew

HR

Dir

ecto

r 10

-20-

18 –

Cit

y M

anag

er a

nd

HR

D

irec

tor

will

sch

edu

le w

ork

sess

ion

n

ext

cale

nda

r ye

ar.

9-24

-19

– H

R D

irec

tor

is c

urr

entl

y re

view

ing

the

HR

Pol

icy

PEN

DIN

G –

C

ounc

il Is

sues

/Con

cern

s to

Cit

y M

anag

er

49

CIT

Y C

OU

NC

IL T

OP

PRIO

RIT

IES

LIST

10

-22-

19

2 TO

P PR

IOR

ITIE

S

CSA

M

eeti

ng

Dat

e R

eque

ster

St

aff

Feed

back

D

eadl

ine/

Stat

us

Req

ues

t fo

r C

ity

Man

ager

to

wor

k on

pol

icie

s an

d pr

oced

ure

s re

late

d to

CS

A, C

PMT

and

FAPT

. U

pdat

e Q

ual

ity

Impr

ovem

ent

Plan

an

d re

port

to

Cit

y C

oun

cil

3-6-

18

Cou

nci

l C

PMT

is r

evie

win

g dr

aft

polic

ies

PE

ND

ING

50

CIT

Y C

OU

NC

IL T

OP

PRIO

RIT

IES

LIST

10

-22-

19

3 TO

P PR

IOR

ITIE

S

RE

NTA

L IN

SPE

CTI

ON

M

eeti

ng

Dat

e R

eque

ster

St

aff

Feed

back

D

eadl

ine/

Stat

us

Upd

ate

Ren

tal

Insp

ect

Prog

ram

G

uid

elin

es

to

be

city

wid

e, m

ore

freq

uen

t an

d en

forc

eabl

e R

equ

este

d du

rin

g C

oun

cil

mee

tin

g.

Re-

appr

oved

by

Cou

nci

l em

aile

d to

C

M o

n

5-12

-19

Gor

e R

ecom

men

d st

aff c

ondu

ct a

rev

iew

of

prog

ram

an

d pr

ovid

e C

ity

Cou

nci

l a

revi

sed

prog

ram

for

dis

cuss

ion

an

d co

nsid

erat

ion

at

a w

ork

sess

ion

. 9-

24-1

9 –

Sta

ff is

rev

iew

ing

curr

ent

prog

ram

to

de

velo

p re

com

men

d ch

ange

s

Sche

dule

W

orks

essi

on f

or

Dec

embe

r 10

, 20

19

51

CIT

Y C

OU

NC

IL T

OP

PRIO

RIT

IES

LIST

10

-22-

19

4 TO

P PR

IOR

ITIE

S

AN

TI-L

ITTE

R

Mee

ting

D

ate

Req

uest

er

Staf

f Fe

edba

ck

Dea

dlin

e/St

atus

An

t-lit

teri

ng p

lan

rec

omm

enda

tion

s by

sta

ff ab

out s

igns

, fin

es,

was

te

buck

ets

arou

nd

Cit

y,

CV

WM

A

new

co

ntr

acto

r te

rms

Req

ues

ted

duri

ng

Cou

nci

l M

eeti

ng.

Re-

appr

oved

by

Cou

nci

l em

ail t

o C

M

on

5-12

-19

Ben

nett

H

ollo

way

E

nfo

rcem

ent

9-24

-19

– S

taff,

in

con

jun

ctio

n w

ith

KH

B,

to r

evie

w p

olic

ies

and

mak

e re

com

men

dati

ons.

Issu

e R

efer

red

to

KH

B; R

epor

t ba

ck J

anua

ry 1

4,

2020

52

CIT

Y C

OU

NC

IL T

OP

PRIO

RIT

IES

LIST

10

-22-

19

5

TOP

PRIO

RIT

IES

D

ELI

NQ

UE

NT

TAX

M

eeti

ng

Dat

e R

eque

ster

St

aff

Feed

back

D

eadl

ine/

Stat

us

Rea

l Est

ate

Del

inqu

ency

–Li

st o

f top

del

inqu

ent

pers

ons

or

com

pan

ies,

ne

w

plan

to

re

cou

p fu

nds,

id

eal

to

addr

ess

ven

dor

wit

h de

linqu

ent

paym

ents

, la

w

to

requ

ire

real

est

ate

taxe

s to

be

paid

pri

or t

o ob

tain

ing

perm

its/

busi

ness

lice

nse

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54

PERSONNEL CHANGE REPORT

DATE: January 6, 2020

TO: The Honorable City Council

FROM: Michelle Ingram, Human Resources Specialist

SUBJECT: Personnel Change Report – January 6, 2020

APPOINTMENTS:

NAME DEPARTMENT POSITION DATE WHITE, DEBORAH RECREATION PT ATH SITE ASST 12/04/2019

JAMES, SIERRA RECREATION PT ATH SITE ASST 12/04/2019 KING, TIMOTHY RECREATION PT ATH SITE ASST 12/04/2019

STAMPER, DANIEL RECREATION PT RESP LEADER 12/04/2019 DAVIS, ANDERSON RECREATION PT LIFEGUARD 12/04/2019 DAVIS, LAVONDA SOCIAL SERVICES HUMAN SER ASST III 12/04/2019

VANCE, VICKY RECREATION PT CUST SVC AGT 12/18/2019

SUSPENSIONS: 1

(Other information excluded under Va. Code § 2.2-3705.1(1) as personnel information concerning identifiable individuals)

REMOVALS:

NAME DEPARTMENT POSITION DATE WILLS, SHELDON SHERIFF PT SHERIFF DEP 08/02/2019

PETERSON, HILLERSON SHERIFF PT SHERIFF DEP 10/01/2019 HEMBRICK, ANTRANICQUE SHERIFF PT SHERIFF DISP 11/26/2019

HONAKER, JOHN RECREATION PT LIFEGUARD 11/29/2019 FIELD, CHRISTOPHER FIRE FIREFIGHTER / ALS 11/30/2019

DIMARINO, CAROLINE RECREATION PT LIFEGUARD 12/03/2019 OWENS, CAROLYN HEALTHY FAMILIES PROGRAM SUPV 12/05/2019

LOWERY, BRIDGETTE RECREATION PT CUST SVC AGT 12/06/2019 ARCHER, VICKY HEALTHY FAMILIES FAM RES SPEC/QMHP 12/13/2019 DORE, WILLIAM DEVELOPMENT HOUSE GRNT COORD 12/20/2019

CC: March Altman, City Manager Concetta Manker, IT DirectorCharles Dane, Assistant City Manager Jay Rezin, ITJennifer Sears, HR Director Arlethia Dearing, Customer Service Mgr.Dave Harless, Risk & Safety Coordinator Kim Hunter, PayrollDebbie Pershing, Administrative Services Manager Vanessa Williams, Accounting TechMichael Terry, Finance DirectorDipo Muritala, Assistant Finance Director

55

INFORMATION FOR COUNCIL

REVIEW

Downtown Design Review Committee – Meeting Minutes - November 6, 2019 Page 1

MINUTES OF THE NOVEMBER 6, 2019 MEETING OF THE DOWNTOWN DESIGN REVIEW COMMITTEE

City of Hopewell

A meeting of the Downtown Design Review Committee for the City of Hopewell was held on Wednesday, November 6, 2019, in the City Council Conference Room located at 300 N. Main St. at 5:30pm. Downtown Design Review Committee Members present: Rita Joyner Daniel Jones Mary French Elder Terry Ammons Absent: Irma Gail Mahaney (excused) Staff: Chris Ward, Senior Planner Guests: Ed Watson, Director of Public Works J. Paul Lewis, Public Works Elliot Eliades Meredith Dean Ms. Joyner called the meeting to order at 5:31 p.m. Mr. Ward conducted the roll call. A quorum was established. Ms. Joyner welcomed the members and guests.

ADMINISTRATIVE MATTERS / CONSENT AGENDA ITEMS Ms. Joyner asked if there were requests for withdrawal, deferral or amendment to the agenda. There were none. Ms. Joyner asked if there were any corrections or changes to the meeting minutes from October 2, 2019. There were none. Ms. Elder made a motion to approve the meeting minutes from October 2, 2019. Mr. Jones seconded. The motion carried 5-0. CITIZEN COMMENTS Ms. Joyner asked if any guests had comments on items not on the agenda. There were none. CERTIFICATES OF APPROPRIATENESS (COAs) Ms. Joyner invited Mr. Ed Watson and Mr. Paul Lewis to present the COA application for 150 Randolph Rd. Mr. Watson stated that ‘Hopewell Police Department’ signage above the front entrance awning is not illuminated at night and detracts from the Police Department’s intent of the new building having a high profile. Mr. Lewis commented that the linear LED light bar that will illuminate the sign will be hidden behind the lip of the awning and will not be visible from pedestrian level. Mr. Jones made the motion to approve the installation of the linear LED light bar

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behind the lip of the awning to uplight ‘Hopewell Police Department.’ Ms. Elder seconded. The motion carried 4-0. Mr. Watson next presented the COA application for the dumpster enclosure to be constructed in the northeast corner of the public parking lot located at the intersection of Library and Cawson Streets. He noted that the designs being presented are similar to the ones that the DDRC already approved but that the enclosure is larger and a new parking lot entrance will be constructed so that the trucks can access the dumpsters. Mr. Watson commented that a tree and utility pole will need to be relocated to accommodate the additional entrance. He also added that this project is in conjunction with the removal of the trash toters along E. Broadway. Mr. Ammons asked if the enclosure will be taller than the dumpsters since the rendering shows them to be similar heights. Mr. Lewis answered that the enclosure should be approximately 8 inches taller than the dumpsters. Ms. Elder asked if this enclosure would have room for additional dumpsters. Mr. Watson answered that this enclosure will accommodate four dumpsters with no room for more. Mr. Lewis stated that this enclosure will look similar to the enclosure behind the Municipal Building without the decorative cap. Ms. Elder made the motion to approve the dumpster enclosure and related improvements as presented. Mr. Ammons seconded. The motion carried 4-0. Mr. Watson presented the toter enclosure for 200 E. Broadway. He explained that this enclosure will be a brick enclosure in similar design to the wall that screens the HVAC units at this location. He stressed that this project will not address the condition of the HVAC screening wall but that the property owner will be strongly encouraged to fix the wall. Ms. Joyner commented that this enclosure will really help to clean up this corner. Mr. Lewis added that the existing tree will remain at that location but will be trimmed. Mr. Jones made a motion to approve the toter enclosure as presented. Ms. Elder seconded. The motion carried 4-0. Mr. Elliot Eliades presented his COA application for 226 E. Broadway. He explained that he will be installing windows on the second floor where previous windows had been bricked in. Mr. Ward noted that these windows are in the rear of the building and not subject to DDRC review because they are not viewable from the public right-of-way. Mr. Eliades noted that he wants all windows to match so he would like to secure an approval now for the type of windows he will be installing in the rear of the building. The replacement of the windows in the front will occur sometime in the future. Mr. Eliades explained that the windows are two-over-two, wood frame casement windows in the Bronze Chestnut color (Manufacturer – Jeldwen) that will fit the original window openings unlike the smaller windows that are currently in place. Ms. Elder made the motion to approve the windows as presented. Mr. Jones seconded. The motion carried 4-0. Mr. Ward presented the designs for 218/220 E. Broadway. He commented that the DDRC approved these plans on July 11, 2018 but that the COA has expired after twelve months. He added that there are some minor changes to these designs: the side panel to the left of the windows will be painted red instead of the dark gray; the brick under the windows will be painted black instead of the gray; the silver band above the windows will not be painted; and the mascot image will change from the bulldog with the ball cap to the bulldog with the barbell. Ms. Elder made the motion to re-approve the designs with the noted changes. Mr. Jones seconded. The motion carried 4-0.

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Ms. Meredith Dean presented her COA application for 220. E. City Point Road. She stated that she will be opening a taco restaurant in the space. Ms. Dean explained that her designs include touching up the existing red/white checkerboard design, painting the rest of the front and sides solid white (minus the red facia), painting the ‘fin’ red, and installing business signage at the top of the fin, in the front window, and on the Hopewell Street side of the building. She also stated that the plexiglass window panes will be replaced and string lights will be added to the patio area. Ms. Elder made the motion to approve the COA application as presented. Mr. Ammons seconded. The motion carried 3-0 (Mr. Jones recused). FAÇADE IMPROVEMENT PROGRAM

Mr. Ward updated the members that the $9,000 awarded to Mr. Larry Cluff (256 E. Broadway) last year has remained unclaimed after 12 months from approval. He continued that he has since notified those applicants that were on the waiting list.

Mr. Ward introduced the first façade improvement grant application for signage from the waiting list – 235 E. Broadway – Haley’s Honey Meadery. He noted that the revised grant request from the applicant is slightly lower than the request stated on the application. Mr. Ammons made the motion to approve the application for façade grant assistance in the amount of $475.00. Mr. Jones seconded. The motion carried 4-0.

Mr. Ward presented the next façade grant application for 218/220 E. Broadway – Walker’s Gym. Mr. Ward commented that the group had already reviewed and approved the painting design for the front façade last year. He stated that the estimated grant request was approximately $1,000 to cover painting materials and professional painting of the gym mascot on the top left corner of the façade. Mr. Ward noted that the applicants are still obtaining quotes and a final dollar amount had not been established. Ms. Elder made a motion to approve the application up to $1,000. Mr. Jones seconded. The motion carried 4-0.

Mr. Ward next introduced the façade improvement application for 402 E. Poythress. He noted that this applicant had recently become owner of this building and requested to defer his three façade improvement applications for three other buildings and submit this one in their place. Ms. Joyner commented that the applicant did not explain his improvement plans beyond ‘façade improvement’ and was not comfortable approving an application with such little information. Other members agreed. Ms. Elder made a motion to table the application until additional details about the façade improvement plans can be provided. Mr. Jones seconded. The motion carried 4-0.

Mr. Ward presented the final application for recaptured façade improvement grant funds. He noted that this application is for the façade improvements for 220 E. City Point Rd. that were discussed earlier. Mr. Ward clarified with the applicant the amount noted on the application was the total estimated cost of the improvements and that the grant could only be used for 50% of those eligible costs. Mr. Ammons made the motion to approve the application in the amount of $1,825.00. Ms. Elder seconded. The motion carried 3-0 (Mr. Jones recused himself).

UNFINISHED BUSINESS Mr. Ward did not have any property updates at this time. NEW BUSINESS There was no new business. REPORTS FROM BOARD MEMBERS There were no reports from Board members. Ms. Elder made a motion to adjourn. Mr. Jones seconded. The motion carried 4-0.

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The meeting adjourned at 6:53PM. Submitted by,

Rita E. Joyner, Chairperson

_____________________________ ____________________ Christopher Ward, Senior Planner Date

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PUBLIC HEARINGS

SUMMARY: Y N Y N □ □ Councilor Debbie Randolph, Ward #1 □ □ Councilor Janice Denton, Ward #5 □ □ Councilor Arlene Holloway, Ward #2 □ □ Councilor Brenda Pelham, Ward #6 □ □ Councilor John B. Partin, Ward #3 □ □ Vice Mayor Patience Bennett, Ward #7 □ □ Mayor Jasmine Gore, Ward #4

CITY OF HOPEWELL

CITY COUNCIL ACTION FORM

Strategic Operating Plan Vision Theme:

Civic Engagement Culture & Recreation Economic Development Education Housing Safe & Healthy Environment None (Does not apply)

Order of Business:

Consent Agenda Public Hearing Presentation-Boards/Commissions Unfinished Business Citizen/Councilor Request Regular Business Reports of Council Committees

Action:

Approve and File Take Appropriate Action Receive & File (no motion required) Approve Ordinance 1st Reading Approve Ordinance 2nd Reading Set a Public Hearing Approve on Emergency Measure

COUNCIL AGENDA ITEM TITLE: Crater Workforce Development Board MOU and Ordinance

ISSUE: City Council approved the last revision of the Crater Workforce Investment Board MOU; however, the Commonwealth of Virginia also requires an ordinance.

RECOMMENDATION: n/a

TIMING: Immediate decision needed for upcoming CWIB CLEO Meeting

BACKGROUND: n/a

ENCLOSED DOCUMENTS:

Crater Regional Workforce Development Board Local Workforce Area 15 Chief Elected Officials Consortium Agreement

Ordinance

STAFF: Jasmine Gore

FOR IN MEETING USE ONLY

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MOTION:_____________________________________________________________

________________________________________________________________________

Roll Call

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AN ORDINANCE TO PROVIDE FOR THE IMPLEMENTATION OF THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014 AND

AUTHORIZING THE PARTICIPATION OF THE CITY OF HOPEWELL IN THE CRATER REGIONAL WORKFORCE CHIEF ELECTED OFFICIALS CONSORTIUM

UNDER THE AUSPICES OF THE CRATER REGIONAL WORKFORCE DEVELOPMENT BOARD, AND FOR OTHER RELATED PURPOSES

WHEREAS the federal Workforce Innovation and Opportunity Act of 2014 (Public Law

113-128, codified at 29 U.S.C. § 3101 et seq.) (the “Act”), provides federal funding to states for the delivery of workforce training and other services; and

WHEREAS among other things the Act, together with implementing state law codified

at Virginia Code § 2.2-2470 et seq., requires the Governor to designate local workforce development areas to deliver workforce development services within this Commonwealth; and

WHEREAS the Governor has designated the City of Colonial Heights, Dinwiddie

County, the City of Emporia, Greensville County, the City of Hopewell, the City of Petersburg, Prince George County, Surry County, and Sussex County, Virginia (the “Member Jurisdictions”) as the Area 15 Workforce Innovation and Opportunity Act Area; and

WHEREAS the Member Jurisdictions previously entered an agreement effective October

5, 1999, to administer jointly the Workforce Innovation and Opportunity Act programs (WIOA), formerly known as the Workforce Investment Act (WIA), and have operated such programs continuously; and

WHEREAS such programs have been conducted under the auspices of Crater Region

Workforce Development Board (the “Workforce Development Board”) or the Workforce Investment Board which constitutes a “local workforce development board” under the provisions of Virginia Code § 2.2-2470 et seq; and

WHEREAS the Act delegates certain functions in connection with the governance of the

Workforce Development Board to the “chief elected officials” of the Member Jurisdictions, and requires the Member Jurisdictions to enter into an agreement regarding the joint exercise of the powers so delegated; and

WHEREAS Virginia Code § 15.2-1300 provides that local governments may enter into

agreements for joint or cooperative exercise of any power, privilege, or authority which each is capable of exercising individually; and

WHEREAS the Member Jurisdictions desire to continue to recognize a joint entity under

the Act and, under Va. Code § 15.2-1300, jointly to exercise their powers through Crater Region Workforce Chief Elected Officials Consortium (the “Consortium”) under a new agreement among the Member Jurisdictions; and

WHEREAS the Consortium will perform the duties incumbent on the Member

Jurisdictions individually under the Act; and

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WHEREAS the continued existence and operation of a joint entity will permit the delivery and oversight of workforce services in a manner that will help ensure accountability to the governing bodies of the Member Jurisdictions and the efficient discharge of the responsibilities of the Member Jurisdictions under the Act; and

WHEREAS these recitals are an integral part of this ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOPEWELL, to wit:

1. Authorization of Agreement. The City Council hereby authorizes the City of

Hopewell to enter into the “Crater Region Workforce Chief Elected Officials Consortium Agreement” (the “Agreement”) in substantially the form presented at this meeting, and which is annexed and incorporated by reference as a part of this Ordinance.

2. Execution of Agreement. The Mayor is hereby authorized and directed to execute

and deliver the Agreement, and to take such other or further action as such official(s) determine is necessary or convenient to implement the Agreement.

3. Repeal of Prior Ordinances/Agreement. This Ordinance supersedes any prior

ordinances or resolutions (if any) related to the October 5, 1999 agreement or creating a local joint entity for the purpose of operating federally funded workforce training programs. The provisions of the Agreement supersede the prior agreement regarding the consortium dated October 5, 1999.

4. Effective Date. This Ordinance shall take effect immediately.

APPROVED:

Jasmine E. Gore, Mayor City of Hopewell, Virginia

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CERTIFICATE OF VOTES

Record of the roll-call vote by the City Council of the City of Hopewell, on the Ordinance entitled AN ORDINANCE TO PROVIDE FOR THE IMPLEMENTATION OF THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014 AND AUTHORIZING THE PARTICIPATION OF [LOCALITY] IN THE CRATER REGIONAL WORKFORCE CHIEF ELECTED OFFICIALS CONSORTIUM UNDER THE AUSPICES OF THE CRATER REGIONAL WORKFORCE DEVELOPMENT BOARD, AND FOR OTHER RELATED PURPOSES, adopted by the City Council of the City of Hopewell, by a roll-call vote at a special meeting held on January 7, 2020, at which a quorum was present and acting, and after a public hearing thereof on the same date, and after having been introduced and read for the first time on January 7, 2020. The recorded roll-call vote of the City Council was as follows:

Council members AYE NAY ABSTAIN ABSENT Jasmine Gore, Mayor Patience Bennett, Vice Mayor Deborah Randolph Janice Denton Arlene Holloway John B. Partin, Jr. Brenda Pelham

[SEAL]

Dated:

Ronnieye L. Arrington, City Clerk City of Hopewell, Virginia

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Crater Regional Workforce Development Board Local Workforce Area 15

Chief Elected Officials Consortium Agreement

THIS CHIEF ELECTED OFFICIALS CONSORTIUM AGREEMENT (the “Agreement”), dated for identification purposes as of , is made by and among the

localities that execute this Agreement (the “Localities”) as described below.

RECITALS:

A. The Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128,

codified at 29 U.S.C. § 3100 et seq.) (“WIOA”) is a federal statutory scheme designed to strengthen

and improve the nation's public workforce system and help get Americans, including youth and

those with significant barriers to employment, into high-quality jobs and careers and help

employers hire and retain skilled workers. The goal of WIOA, in colloquial terms, is to provide

job training in in-demand sectors and to match the newly-trained individuals with open job

positions.

B. Title I of WIOA provides for regions to create and maintain “workforce development boards” (“WDBs”) to receive funds under WIOA and that are authorized to

determine the mix of service provision, eligible providers, and types of training programs, among

other decisions. WDBs are a component of a demand-driven workforce training and development

system, in that such WDBs represent public-private partnerships but a majority of their members

must be representatives of businesses.

C. The WDB for the Local Workforce Area 15 is the “Crater Regional Workforce

Development Board” (the “CRWDB”). The CRWDB also constitutes a “local workforce

development board” under the provisions of Virginia Code § 2.2-2470 et seq. The CRWDB has a Board

of Directors (the “BOD”) that is responsible for governing its affairs and designing its policies and

programs. The CRWDB has the responsibility to lead the development and implementation of workforce

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programs and services in the Local Workforce Area 15 Local Workforce Development Area.

D. Pursuant to Section 107(c)(1)(B)(i) of WIOA (codified at 29 U.S.C. §

3122(c)(1)(b)(i)), when more than one locality is under the jurisdiction of a WDB, the various

localities under the WDB may “execute an agreement that specifies the respective roles of the

individual chief elected officials— (I) in the appointment of the members of the local board [i.e.,

the BOD of the CRWDB] from the individuals nominated or recommended to be such members

in accordance with the criteria established under subsection (b); and (II) in carrying out any other

responsibilities assigned to such officials under this subchapter.”

E. The Localities enter into this Agreement with the intent of making an agreement as

described in 29 U.S.C. § 3122(c)(1)(b)(i) to provide procedures for the appointment of members

of the BOD of the CRWDB and to discharge the other responsibilities assigned to the chief elected

officials of the Localities under WIOA.

F. Virginia Code § 15.2-1303 empowers the Localities to “form and maintain

associations for the purpose of promoting, through investigation, discussion and cooperative effort,

the interest and welfare of the several political subdivisions of the Commonwealth, and to promote

a closer relation between the several political subdivisions of the Commonwealth”. In negotiating,

executing, and implementing this Agreement, the Localities exercise the powers granted to them

under Virginia Code § 15.2-1303 to form the “Chief Elected Officials Consortium”, all as

described herein.

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G. Moreover, in addition to the municipal powers granted to the Localities as described

in Recital F above, Virginia Code § 15.2-1300 also empowers the Localities to exercise their

powers jointly by agreement, provided that such agreement meets certain criteria described in that

statute. The Localities intend for this Agreement to be an agreement contemplated under Virginia

Code § 15.2-1300 in order for the Localities to exercise, on a joint basis, the powers and

responsibilities of their chief elected officials under Virginia Code § 2.2-2472(H).

NOW, THEREFORE, the Localities agree as follows:

1. Creation of Consortium. The Localities hereby create an association known as the “Crater Regional Workforce Chief Elected Officials Consortium” (the

“Consortium”. The Consortium shall have the powers described in this Agreement or otherwise

allocated to the Localities’ Chief Elected Officials under WIOA, but no other powers, and shall

exercise its powers through the votes of its voting members.

2. Purpose of Consortium. The purpose of the Consortium shall be to plan, establish, and operate a Local Workforce Development Area (the “Area”) and Workforce Development

Services Delivery System through the CRWDB according to the provisions of WIOA and the

regulations promulgated thereunder, together with any and all other subsequent and relevant

federal and Commonwealth of Virginia statutes, policies and interpretations.

3. Area to be Served. The Area to be served shall be known as the Local Workforce

Area 15, shall be co-extensive with the area served by the CRWDB, and shall include the

jurisdictions of the Counties of Dinwiddie, Greensville, Prince George, Surry, and Sussex, and

the Cities of Colonial Heights, Emporia, Hopewell, and Petersburg, Virginia.

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4. Structure, Duties, and Responsibilities of the Consortium.

(a) The Board of the Consortium shall be composed of 9 members; the

Chief Elected Official (“CEO”) of each locality.

(b) The voting members of the Consortium shall be the CEO, or that

official’s duly appointed designee. In Counties, the Chief Elected Official shall be the

Chairman of the County’s Board of Supervisors. In Cities, the Chief Elected Official shall

be the Mayor. In the event that the voting member of the Locality is to be the designee of

the CEO, rather than the CEO personally, each Locality may determine how such designee

is to be appointed and shall certify such appointment to the Consortium in writing as long

as the designee is an elected member of the locality’s governing body. Each Locality may

also designate one or more alternates, periodically, and shall provide in writing for

alternates as long as the designee is an elected member of the locality’s governing body, a

County Administrator or City Manager, or a Department Head to serve as voting members

of the Consortium in the event that the CEO or the CEO’s designee, as applicable, is not

present at a meeting of the Consortium; but no Locality shall be entitled to more than one

voting member at any meeting of the Consortium. The attendance of a Locality’s alternate

representative does not relieve such Locality of its fiscal liability or other responsibilities

under this agreement and all applicable laws, regulations and policies.

(c) The term of office for a Consortium voting member or designee

shall coincide with the term of the CEO term who serves on the Consortium.

(d) The consortium may adopt operational and procedural by-laws

consistent with this Agreement, applicable federal and state laws, and rules and regulations

pursuant thereto. Such by-laws shall be adopted or amended by a majority of the members

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of the Consortium Board. The Consortium Board shall meet as determined by its members

and

consistent with applicable law.

(e) Each voting member of the Consortium shall have one (1) vote.

(f) The Consortium shall hold regular meetings. A quorum is required for

the Consortium to conduct business. A simple majority of the voting membership (5 of 9

jurisdictions) of the Consortium constitutes a quorum. The action of a simple majority of the

members present and voting at a meeting at which a quorum is present is the action of the

Consortium.

5. Powers and Responsibilities of Consortium. The Consortium shall

collectively perform the following functions on behalf of the Localities, which functions

are the responsibilities delegated to Chief Elected Officials under WIOA:

(a) Designate one of the Localities to serve as local grant recipient for the WIOA funds,

(b) Designate the CRWDB to serve as fiscal agent for the Consortium. In its capacity as the fiscal agent of the Consortium, the CRWDB shall perform the following

functions:

(i) Receive funds;

(ii) Ensure sustained fiscal integrity and accountability for

expenditures of CRWDB funds in accordance with Office of Management and Budget

circulars, WIOA and the corresponding Federal Regulations and Commonwealth of Virginia

policies;

(iii) Respond to audit financial findings;

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(iv) Maintain proper accounting records and adequate

documentation;

(v) Prepare financial reports;

issues;

(vi) Provide technical assistance to sub recipients regarding fiscal

(vii) Procure contracts or obtain written agreements;

(viii) Conduct financial monitoring of service providers;

(ix) Ensure independent audit of all employment and training

programs; and

finances.

(x) Report periodically to the Localities regarding the CRWDB’s

(c) Designate the signatory authorities for the CRWDB fiscal agent to

be the Executive Director, Secretary/Treasurer of the CRWDB and

the CEO Consortium Chair.

(d) Determine the composition of the Statement of Economic Interest

required annually from all members of the BOD of the CRWDB.

(e) Set policy for the local workforce development system in

coordination with the CRWDB;

(f) Collaborate with the CRWDB to provide oversight of local Youth,

Adult and Dislocated Worker programs and regional workforce development initiatives;

(g) Approve the annual local operating budget developed by the CRWDB;

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(h) Perform other duties as may be prescribed from time to time for

Chief Elected Officials under the WIOA or Virginia law; and,

(i) Establish such bylaws and such other rules as it deems necessary to

govern its operations.

6. Joint Responsibilities. In addition, the Consortium may collaborate with the CRWDB on the following initiatives, each of which shall be subject to the final

approval of the Consortium:

(a) A local strategic workforce plan;

(b) Selection of the One Stop Operator or a One-Stop Consortium;

(c) An annual local operating budget;

(d) Local performance measures for approval by the Governor;

(e) An annual strategy for career pathways for youth opportunity;

(f) Oversight of local youth activities and local employment and training activities.

7. Appointment of members to the BOD of the CRWDB. The BOD of the

CRWDB consists of members, who are appointed by the Consortium. The Consortium shall

ensure the membership and appointment of the CRWDB members are in accordance with WIOA

and applicable State criteria. The CEO of each Locality may appoint up to three members to the

BOD of the CRWDB. Appropriate consideration should be given to diversity considerations

when appointing members to the BOD of the CRWDB to ensure racial, ethnic, and cultural

diversity, as well as the diversity of individuals with disabilities from labor markets within the

Area. All appointments of members shall be made in accordance with the requirements of

WIOA, as amended from time to time, and in accordance with the requirements contained in the

governing documents of the CRWDB and applicable law.

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8. Misuse of Funds. When the CRWDB receives WIOA funds, the

Commonwealth also provides an allocation (the “Allocation”) stating the percentage of such

funds that are attributable to services provided to each Locality. As required under WIOA,

each Locality shall be responsible, on a pro rata basis in accordance with the Allocation,

for any misuse of funds received by the CRWDB under WIOA. Designation of a Locality

or other entity as local grant recipient or fiscal agent does not relieve any other Locality

from liability for any misuse of WIOA funds.

9. Insurance. The Consortium shall insure that the CRWDB procures and

maintains insurance sufficient to safeguard the Consortium and its voting members, the

Localities, CRWDB officers and members, and CRWDB employees from errors,

omissions, and misuse of funds received and held by the Consortium, its grant recipient,

fiscal agent, and the CRWDB.

10. Conflicts of Interest. Section 107(h) of WIOA (codified at 29 U.S.C. §

3122(h) prohibits a member of the Consortium from voting on a matter under

consideration by the Consortium when:

(a) The matter concerns the provision of services by the

member or by an entity that the member represents; or

(b) The matter would provide direct financial benethe

member or the Immediate Family of the member; or

(c) The matter concerns any other activity deemed a

conflict of interest as specified in the State and local Government Conflict of Interest Act, VA

Code §2.2-3100 et. seq. and as specified under Virginia Workforce Development Board Policy

200-02 or CRWDB Policy OP 15-03. The term “Immediate Family” means wife, husband, son,

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daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter- in-law,

mother-in-law, father-in-law, aunt, uncle, niece, nephew, grandson, granddaughter, grandparent,

stepparent, stepchild, or any person residing in the same household.

11. Confidentiality and Disclosure.

(a) All information, whether transmitted orally or in writing,

of such a nature that it is not, at that time, a matter of public record

or public knowledge, is confidential. Members shall not disclose confidential information

obtained in the course of or by reason of such member’s membership on the Consortium to

any person or entity not directly involved with the business of the Consortium.

(b) No member shall use confidential information obtained in

the course of or by reason of such member’s membership on the Consortium in any matter with

intent to obtain financial gain for the member, the member’s Immediate Family, or any business

with which the member is associated. No member shall disclose confidential information

obtained in the course of or by reason of his/her membership on the Consortium in any manner

with the intent to obtain financial gain for any other person.

(c) Nothing in the foregoing provisions shall be construed to

prevent any Locality from complying with its responsibilities under the Virginia Freedom of

Information Act (“FOIA”). To the extent that FOIA is applicable to the Consortium (if any at

all), the Consortium shall comply with FOIA.

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12. Termination, New Members, Withdrawal, and Amendment.

(a) This Agreement shall be terminated upon the repeal of WIOA or

successor legislation pertaining to workforce development, or upon mutual consent of at least

two-thirds (2/3) of the voting members of the Consortium.

(b) A political subdivision of the Commonwealth of Virginia may

petition the Consortium for membership provided that such political subdivision is part of the

Area (as designated by the Governor in accordance with the provisions of WIOA). Upon

approval of the voting members of the Consortium, such political subdivision shall become a

member of the Consortium.

(c) Any Locality shall have the right to withdraw from the Consortium

after providing at least ninety (90) days written notification to the Consortium.

(d) This Agreement may be amended by unanimous consent of the

Localities.

(e) Nothing in this Agreement shall be construed to waive any

sovereign immunity to which a Locality is entitled.

(f) The parties do not anticipate that the Consortium will have any

property; rather, WIOA funds are the property of the CRWDB. No Locality shall be obligated

to make any appropriation under this Agreement except in the event that the CRWDB misuses funds

that it received under WIOA, and then only as described in paragraph 8 above and to the extent that

insurance or other funds are not otherwise available to make the repayments required under WIOA.

Upon the termination of this Agreement any property of the Consortium shall become the property of

the CRWDB.

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13. Severability. If any of the provisions of this Agreement shall be found

void or unenforceable for whatever reason by any court of law or equity, it is expressly

intended that such provision(s) be severable and the remainder of the Agreement shall remain

in force and effect.

14. Effective Date. This Agreement shall become effective upon full execution

by each Locality and remain in effect for five years from the effective date. Should changes to this

Agreement be required prior to the conclusion of the five-year effective period, the document will

be updated for compliance with federal and state regulations and presented to the Consortium and to

the Localities for consideration and renewal.

15. Counterparts. This Agreement may be executed in one or more

counterparts, each of which shall be valid as an original. It is not necessary that each Locality execute

each counterpart, so long as each Locality has executed at least one counterpart. Facsimile or scanned

signatures shall be valid as originals.

[signatures to follow on subsequent pages]

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IN WITNESS WHEREOF each Locality has caused this Agreement to be executed in its

name and on its behalf by its duly authorized agent:

DINWIDDIE COUNTY, VIRGINIA

By (SEAL) (Printed Name) Its: (Title)

COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , to-wit:

The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for Dinwiddie County, Virginia as evidenced by the attached ordinance.

My commission expires: . My registration number is: .

Notary Public

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GREENSVILLE COUNTY, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day o f , 2019, by , for County of Greensville, Virginia as evidenced by the attached ordinance.


Notary Public

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PRINCE GEORGE COUNTY, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for the County of Prince George, Virginia as evidenced by the attached ordinance.


Notary Public

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SURRY COUNTY, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for the County of Surry, Virginia as evidenced by the attached ordinance.


Notary Public

89

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SUSSEX COUNTY, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for County of Sussex, Virginia as evidenced by the attached ordinance.


Notary Public

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CITY OF COLONIAL HEIGHTS, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for the City of Colonial Heights, Virginia as evidenced by the attached ordinance.


Notary Public

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CITY OF EMPORIA, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for the City of Emporia, Virginia as evidenced by the attached ordinance.


Notary Public

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CITY OF HOPEWELL, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for the City of Hopewell, Virginia as evidenced by the attached ordinance.


Notary Public

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CITY OF PETERSBURG, VIRGINIA



The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of , 2019, by , for City of Petersburg, Virginia as evidenced by the attached ordinance.


Notary Public

94

UNFINISHED

BUSINESS


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Creation of Ashford Kent Ad-Hoc Committee

ISSUE: The Mayor of Hopewell was invited to attend a celebration of the twinning of Ashford Kent, UK and the City of Hopewell, Virginia. There were several suggestions made by members of this Council and the Twinning Committee. Ashford Kent has moved the celebration to next year. The Mayor would like to create an Ad-Hoc Committee consisting of the Mayor, Vice Mayor, Mr. Bragg, and two members of the Twinning Association, to work with the Mayor’s office and Ashford Kent to plan a celebration.

RECOMMENDATION:

TIMING: Action is requested at this meeting BACKGROUND:

ENCLOSED DOCUMENTS:

STAFF:

FOR IN MEETING USE ONLY MOTION:_____________________________________________________________

________________________________________________________________________

95


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Chesapeake Clean Water Blueprint

ISSUE: City Council support of the Chesapeake Clean Water Blueprint

RECOMMENDATION: Staff recommends supporting the Chesapeake Clean Water Blueprint

TIMING: Action if requested at the June 26, 2019 meeting BACKGROUND: In 2010, the Environmental Protection Agency (EPA) implemented Total Maximum Daily Load (TMDL) provisions within the Clean Water Act creating enforceable pollution limits for nitrogen, phosphorus, and sediment pollution for the Chesapeake Bay and its watershed, known as the Bay TMDL. The six (6) states in the Chesapeake Bay watershed and the District of Columbia released Watershed Implementation Plans (WIP) to meet the Bay TMDL limits by 2025. The Bay TMDLs and the WIPs, together, make up the Clean Water Blueprint for the Chesapeake and its tributaries. The Chesapeake Clean Water Blueprint, if fully implemented, requires the reduction of pollution resulting in a “fishable, swimmable” Chesapeake Bay watershed, as envisioned by the Clean Water Act of 1972, and the removal of the Bay from the impaired waters list.

ENCLOSED DOCUMENTS: Chesapeake Clean Water Blueprint Memo; 2019 Chesapeake Bay Foundation – State of the Blueprint Report

97


STAFF: John M. Altman, Jr., City Manager Jerry Byerly, Director, Hopewell Water Renewal Dickie Thompson, Deputy Director, Hopewell Water Renewal Joseph G. Battiata, Stormwater Program Manager


________________________________________________________________________

Roll Call

98

201

9 CHESAPEAKE BAYState of the Blueprint Pennsylvania, Maryland, and Virginia

KEITH LUCAS

101

WHAT IS THE BLUEPRINT?Established in 2010 after years of efforts to clean up the Chesapeake Bay that fell short, the Chesapeake Clean Water Blueprint is our best chance for success. It includes pollution limits for nitrogen, phosphorus, and sediment set by the U.S. Environmental Protection Agency (EPA); plans to meet those limits for each of the six Bay states and the District of Columbia; and two-year, incremental goals—known as milestones—to keep progress on track.

POLLUTION REDUCTION PROGRESS SUMMARYAll Sectors Compared to Total EPA Target Loads for 2025

ON TRACK: Projected loads within 10% of target

OFF TRACK: Projected loads more than 20% away from meeting target or pollution is increasing

IN DANGER OF BEING OFF TRACK: Projected loads within 20% of target

WASTEWATER RUNOFF AGRICULTURE SEPTIC

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OFF TRACK

IN DANGEROF BEING

OFF TRACK

ON TRACK

ON TRACK

ON TRACK

ON TRACK

While no state is completely on track, sewage treatment plant upgrades in Maryland and Virginia have already met the 2025 goals and are the main reason the two states are close to on track. Efforts in both states need to accelerate pollution reduction from agriculture and urban/suburban runoff

102

A Healthy Bay is in Sight—but at RiskThe Blueprint to save the Chesapeake Bay is at a critical juncture. Success demands a strong partnership between the six Bay states, the District of Columbia, and the Environmental Protection Agency (EPA)—a partnership at serious risk from Pennsylvania’s failure to meet its goals.

The science is clear about what needs to be done, and the Blueprint is working. Underwater grasses are recovering. Blue crab populations are rebounding. The Bay’s dead zone is shrinking. Communities are seeing cleaner streams, greener urban landscapes, and increased resilience.

But the recovery is fragile. Climate change is an imminent threat. Regulatory rollbacks threaten progress toward clean water and air. And funding is at risk for programs key to the Bay’s health.

annually, are at stake.

Are We on Track?We assessed progress in Maryland, Pennsylvania, and Virginia, which account for roughly 90 percent of Bay pollution.

if those reductions are on a trajectory to meet the 2025 goals. Second, we looked at how well the states implemented the programmatic commitments they made in their two-year milestone goals—in other words, the practices and programs they will use to get the job done .

No state is completely on track. But Pennsylvania is far off track.

Pennsylvania has repeatedly failed to meet goals to reduce pollution. Moreover, the Commonwealth’s latest draft Blueprint, technically called the Phase III Watershed Implementation Plan, comes up woefully short of what it will take to save the Bay.

In contrast, Maryland and Virginia are close to having the programs and practices in place to restore water quality. Still, their success is largely due to upgrades at wastewater treatment plants, which mask

Moving forward, EPA must hold the states accountable and impose consequences for failure—starting with Pennsylvania.

PAUL BUHRER, MD

103

Pennsylvania’s Blueprint for Clean Water:

Is it on track?Overall, Pennsylvania is not on track to achieve its 2025 goals.

behind in implementing the practices necessary to reduce pollution, particuarly from agriculture and urban and suburban stormwater runoff. The wastewater sector, however, is one area of noteworthy success.

WA S T E WAT E R

Pennsylvania exceeded the 2017 Blueprint goals for wastewater and is on pace to meet its 2025 Blueprint goals ahead of schedule, largely by installing better technology at treatment plants or purchasing credits that reduce their contribution to nitrogen and phosphorus pollution.

COMMITMENT

ON TRACK: “Cap Loads” for National Pollutant Discharge Elimination System (NPDES) Permits, and Wastewater Optimization Program at Privately-Owned Treatment Works.

Steps Taken: Pennsylvania achieved this milestone by including pollution limits for wastewater treatment plants in their (NPDES) permits, which regulate water pollution. The Commonwealth continues to cut pollution through the Wastewater Optimization Program, which encourages wastewater plants to make low-cost operational improvements that decrease phosphorus and nitrogen pollution.

Steps Needed: Pennsylvania could require further pollution reductions from wastewater plants, but even the best available treatment technology will not make up for lagging progress in the agriculture and stormwater sectors.

Pennsylvania’s Pollution-Reduction Progress

Actual Current Projection 2025 Goal

3.4

3.8

4.2

65

75

85

95

105

2010 2015 2020 2025

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POLLUTION REDUCTION, LOADS VERSUS GOALS, PENNSYLVANIAAll Sources


0.5

0.7

1.1

0.9

2

6

4

8

10

12

14

2010 2015 2020 2025

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POLLUTION REDUCTION, LOADS VERSUS GOALS, PENNSYLVANIAWastewater, excluding Septic

All sources includes pollution from wastewater, septic, urban and suburban runoff, agriculture, and natural areas.

GARTH LENZ/ILCP

104

A G R I C U LT U R ER U N O F F

Many of Pennsylvania’s small, local stormwater systems—called MS4s—have undersized and aging infrastructure. As more land is developed, polluted runoff is increasing.

COMMITMENTS

IN DANGER OF BEING OFF TRACK: Complete initial reviews of Chesapeake Bay Pollutant Reduction Plans that were submitted in September 2017.

Steps Taken: The Pennsylvania Department of Environmental Protection (DEP) required roughly 350 MS4s to produce Pollutant Reduction Plans that address water-quality problems in local streams and the Bay—a substantial step toward meeting Blueprint goals. It reviewed approximately three-quarters of the plans, but formally approved only one-third, delaying implementation.

Steps Needed: The Commonwealth must approve the plans and jumpstart implementation.

IN DANGER OF BEING OFF TRACK: Provide guidance to encourage inter- and intra-municipal MS4 collaboration to achieve pollutant reduction in localized areas.

Steps Taken: Pennsylvania produced guidance to help MS4s meet their pollution-reduction goals through collaborative efforts with neighboring municipalities or nearby farmlands. Communities in Blair and Luzerne Counties and the Chiques Creek watershed are taking this approach. However, the guidance was issued in late

Steps Needed: So far, most municipalities continue to address pollution independently, forgoing opportunities for cost-savings and coordination with neighboring local governments. Municipalities should increase their collaboration to collectively reduce local pollution.

Agriculture dominates much of Pennsylvania’s land in the Bay watershed. Efforts to reduce pollution from farms—an essential component of Pennsylvania’s Blueprint—continue to lag.

COMMITMENTS

IN DANGER OF BEING OFF TRACK: Implement Agricultural Compliance and Enforcement Strategy.

Steps Taken: The Commonwealth has been verifying that farms have the required plans in place to control pollution from erosion, manure, and fertilizers. They inspected nearly 3,000 farms representing about 10

Steps Needed: The inspections only assessed if the plans exist. Moving forward, Pennsylvania must also ensure the plans address all water-quality concerns and are fully implemented. A process to assess implementation will be drafted in 2019, followed by a pilot program.

ON TRACK: Approve a revised P-Index planning tool to be used for nutrient management planning efforts.

Steps Taken: Penn State University is leading an update to the Phosphorus Index (P-Index), a tool used to identify farm areas that present a high risk of phosphorus pollution. The update, developed through thorough research and on-farm testing, should be available later this year.

Steps Needed: The tool will provide valuable information to help farmers manage fertilizer and manure applications and should be used to identify practices that reduce polluted runoff.


.30

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.20

.35

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14

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POLLUTION REDUCTION, LOADS VERSUS GOALS, PENNSYLVANIARunoff


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1.3

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32

42

37

47

52

57

62

2010 2015 2020 2025

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POLLUTION REDUCTION, LOADS VERSUS GOALS, PENNSYLVANIAAgriculture

KRISTA SCHLYER/ILCP ISTOCK

105

The loss of forests and farmland to development, additional livestock and poultry farming, and increased vehicle emissions can all add pollution to Pennsylvania’s local streams and the Bay.

COMMITMENT

OFF TRACK: None.

Steps Taken: Pennsylvania did not establish a stand-alone milestone to account for growth. Managing growth and land use in the Commonwealth is especially challenging because planning is decentralized across more than 1,100 municipal governments.

Steps Needed: Local governments could reduce water pollution from development by updating planning and zoning policies that preserve sensitive landscapes; writing ordinances that limit the creation of hard surfaces and preserve trees and forested buffers; and managing stormwater using today’s science and engineering. Climate change, particularly extreme rainfall, makes it imperative to address these challenges.

G R O W T H“There is a need” for a dedicated

cost-share program

increase in resources to implement

priority conservation “practices. ”

Pennsylvania’s Pollution-Reduction Progress toward 2025 Goals

Summary, All Sectors Compared to Total EPA Target Loads

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106

Finishing the Job in PennsylvaniaPennsylvania is on pace to achieve pollution goals for wastewater. But to meet its overall Blueprint goals and improve local rivers and streams, the Commonwealth must fully address pollution from agriculture and urban and suburban runoff.

reduce nitrogen pollution and is less than half funded.

barrier stopping farms from adopting the conservation measures needed to reduce pollution. There is

conservation practices.

draft Blueprint, leaving an estimated shortfall of $257 million through 2025. If there is any chance of success, this must change.

If it does not, Pennsylvania runs the risk of increased federal enforcement, such as increased regulations for livestock operations, industrial and municipal stormwater sources, and wastewater treatment plants. EPA could also shift or withhold grant funding, among other actions.

What Pennsylvania’s Blueprint Looks Like in Your Community

A new forested streamside buffer and fencing on the Bennett farm in Susquehanna County, protect Roe Creek from cattle and polluted runoff.

Employing no-till farming, as practiced on the McLaughlin farm

the neighborhood, provides a sense of community pride, Urban trees added to the Midtown section of Harrisburg not

the environment.

For other examples of Pennsylvania’s Blueprint work visit cbf.org/PABlueprintBlog.

BJ SMALL/CBF STAFF

BJ SMALL/CBF STAFF

BILL CHAIN/CBF STAFF

CBF STAFF

107

Maryland’s Blueprint for Clean Water:

Is it on track?Maryland is on track to meet its overall pollution-reduction targets by 2025, due in large part to investments in better farm management practices and wastewater treatment technology. However, pollution from urban and suburban development and septic systems continues to increase, challenging the long-term health of Maryland’s waterways.

WA S T E WAT E R

Maryland made major cuts to pollution from wastewater treatment plants, but pollution from septic systems remains a persistent problem.

COMMITMENT

ON TRACK: Provide technical and policy assistance to local governments to facilitate connections of septic tanks to wastewater treatment plants.

Steps Taken: Where feasible, connecting failing septic systems to wastewater treatment plants can reduce pollution at a competitive cost. The Maryland Department of Environment (MDE) committed to review problem areas for septic pollution and help local

Steps Needed: MDE should continue assisting local governments and ensure septic connections do not lead to sprawling growth. This is critical in areas with high concentrations of septic systems close to the Bay, and where local soil conditions or sea-level rise create “hot spots” of failing septic systems.

Maryland’s Pollution-Reduction Progress


2.0

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POLLUTION REDUCTION, LOADS VERSUS GOALS, MARYLAND All Sources


.40

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POLLUTION REDUCTION, LOADS VERSUS GOALS, MARYLAND Wastewater, excluding Septic


GARTH LENZ/ILCP

108

A G R I C U LT U R E

The success of Maryland’s Blueprint depends on expanding practices that curb agricultural pollution, the state’s largest source of pollution to the Bay.

COMMITMENT

IN DANGER OF BEING OFF TRACK: Improve documentation and increase Best Management Practice implementation to decrease nitrogen loads from agricultural lands.

Steps Taken: The Maryland Department of Agriculture (MDA) checks nearly 20 percent of Maryland’s farms annually to see if they follow plans to manage fertilizer and manure, two big sources of nitrogen pollution. Overall, more farmers are using best management practices that reduce pollution, but it remains a stubborn problem in some regions.

Steps Needed: MDA should prioritize funding and technical assistance to farms in areas where the biggest pollution reductions can be made for the lowest cost. It should also prioritize long-term solutions, like cost-

pollution before it reaches the water.

R U N O F F

Due to new urban and suburban development and lagging efforts to reduce pollution in established neighborhoods, polluted runoff from stormwater is increasing and will be Maryland’s second largest source of nitrogen pollution by 2025.

COMMITMENT

IN DANGER OF BEING OFF TRACK: Market Bay Restoration Fund (BRF) as an eligible funding source for

Steps Taken: Maryland recently awarded BRF dollars—historically used for upgrades at wastewater treatment

Steps Needed: With wastewater upgrades nearly complete, the state should work with local governments to focus much more of this funding on projects to reduce

systems in established neighborhoods.

By setting county-level milestones for pollution reduction, local and state governments can coordinate and fund local actions to achieve Blueprint goals.

COMMITMENT

IN DANGER OF BEING OFF TRACK: Provide local two-year milestone support funding.

Steps Taken: Maryland has provided at least $1 million annually to help local governments meet milestones. Unfortunately, less than half of Maryland counties submitted milestones to the state in the most recent period.

Steps Needed: The state should further incentivize local milestones by increasing funding and coordinating with non-governmental organizations to help local governments implement them.


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POLLUTION REDUCTION, LOADS VERSUS GOALS, MARYLAND Runoff


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17

19

18

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POLLUTION REDUCTION, LOADS VERSUS GOALS, MARYLAND Agriculture


109

Development increases polluted runoff from hardened surfaces and adds pollution from septic systems. Maryland is losing about 3,000 acres of forest per year to development, impeding the state’s goals to reduce pollution.

COMMITMENT

OFF TRACK: Conclude formulation of an accounting for growth policy and regulations, if appropriate, as part of the Phase III WIP.

Steps Taken: The state convened a task force in 2014 that agreed on many aspects of a program to account for additional pollution from growth, but it has not moved forward with a policy. Instead, the draft of Maryland’s

Implementation Plan, calls on taxpayers to fund practices to offset the impacts of development.

Steps Needed: The state must enact a policy that requires land developers to address pollution from growth.

P L A N N I N G & G R O W T H “Maryland must not wait”

to accelerate efforts that address polluted urban

runoff and septic systems—two sources where progress

has stalled—and should include a more equitable

plan to offset the pollution associated with new

“development.”

Maryland’s Pollution-Reduction Progress toward 2025 Goals


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Finishing the Job in MarylandMaryland’s record of dedicated funding, protective laws, and engaged communities puts the state on a trajectory to meet its 2025 pollution reduction goals. But these accomplishments will not be enough to sustain clean water over the long-term.

The state’s draft Blueprint must now shift restoration efforts toward lasting, cost-effective practices. Maryland must not wait to accelerate efforts that address polluted urban runoff and septic systems—two sources where progress has stalled—and should include a more equitable plan to offset the pollution associated with new development.

The Blueprint should also set much stronger goals to plant trees and forest buffers along streams, encourage pasturing of livestock, and build green infrastructure in towns and cities. In addition to cutting pollution, these practices will help mitigate the effects of climate change.

What Maryland’s Blueprint Looks Like in Your Community

A farm in Carroll County uses pasture to feed poultry. Grass pastures help reduce polluted runoff and prevent soil erosion. They can also be naturally fertilized by livestock.

A bioswale along Pratt Street in downtown Baltimore helps

Baltimore Harbor.

Volunteers help plant a living shoreline in the Parkwood area of Annapolis in 2012.

Students examine oysters from a sanctuary reef used for education near Annapolis. Sanctuary reefs allow oysters to grow undisturbed from the pressures of wild harvesting.

For other examples of Maryland’s Blueprint work visit cbf.org/MDBlueprintBlog.

AJ METCALF/CBF STAFF

CBF STAFF

DOWNTOWN BALTIMORE

AJ METCALF/CBF STAFF

111

Virginia’s Blueprint for Clean Water:

Is it on track?As a whole, Virginia is on track to achieve its 2025 goals to reduce nitrogen and phosphorus pollution, provided it accelerates efforts to reduce pollution from agricultural sources and urban and suburban development. Additional pollution reductions from wastewater will also be necessary in the future.

WA S T E WAT E R

The wastewater sector accounts for more than 30 percent of Virginia’s nitrogen pollution. Addressing it remains a key part of Virginia’s plan to achieve its Blueprint goals.

COMMITMENT

IN DANGER OF BEING OFF TRACK: Virginia did not set new milestone goals for the wastewater sector in 2018 because, by that time, it already met pollution-reduction targets the Commonwealth had set for it.

Steps Taken: Virginia spent approximately $1 billion, an amount matched by local funding, to improve wastewater systems over the past decade, resulting in substantial pollution reductions.

Steps Needed: Virginia must further cut wastewater pollution to stay on track. Innovative technology, including an initiative in Hampton Roads to use treated wastewater to recharge groundwater, provides exciting potential. Connecting more homes to sewers and addressing pollution from septic tanks—measures

also critical.

Virginia’s Pollution-Reduction Progress


6.6

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6.2

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54

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62

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POLLUTION REDUCTION, LOADS VERSUS GOALS, VIRGINIAWastewater, excluding Septic


GARTH LENZ/ILCP

112

A G R I C U LT U R ER U N O F F

Growing urban and suburban areas contribute new polluted runoff to Virginia’s waterways, offsetting most of the progress made to control it.

COMMITMENTS

IN DANGER OF BEING OFF TRACK: Revise and reissue the Construction General Permit to help prevent new loads from developed lands.

Steps Taken: The Commonwealth took more steps to limit pollution through its Construction General Permit, which outlines how developers must prevent and control polluted runoff from construction sites. It also is acting to protect streams from sediment pollution by establishing measurable standards for water clarity.

Steps Needed:to better protect streams from erosion and sediment pollution and revisit rules for managing runoff after construction concludes. These actions are critical to ensure development doesn’t add to the Bay’s pollution.

IN DANGER OF BEING OFF TRACK: Issue Stormwater Local Assistance Funds (SLAF) to address polluted runoff.

Steps Taken: Current levels of investment in SLAF, a grant program that helps local governments pay for projects to reduce polluted runoff, are still not enough to meet Virginia’s stormwater goals. Pollution reductions must accelerate in coming years.

Steps Needed: As outlined in its draft Blueprint, Virginia must increase funding and engage more local governments in the process.

Agriculture represents nearly 70 percent of the remaining pollution reductions Virginia must make to meet its Blueprint goals.

COMMITMENTS

IN DANGER OF BEING OFF TRACK: Track and report livestock exclusion.

Steps Taken: Since 2010, Virginia has invested approximately $100 million to help farmers fence livestock out of nearly 2,000 miles of streams. This practice, known as livestock exclusion, is one of the most effective ways to improve water quality. Record sign-ups for these programs demonstrate farmers are willing to participate in Bay restoration when funding is available.

Steps Needed: Virginia must accelerate these efforts. The Commonwealth’s draft Blueprint increases support for farmers and commits to exclude livestock from 100 percent of perennial streams. Virginia must increase funding, engage local agricultural partners, and pass legislation to achieve these goals.

IN DANGER OF BEING OFF TRACK: Develop individual permits for applicable poultry facilities covered under the general permit.

Steps Taken: Virginia issued individual permits for two facilities within the Bay watershed that illegally polluted waterways, requiring stricter monitoring and pollution controls than the state’s general permit for poultry farms.

Steps Needed: Virginia should increase monitoring

ammonia emissions that contribute nitrogen pollution to local waters and the Bay through the air. Controlling ammonia is necessary to curb pollution from the growing poultry industry, which increased production 25 percent since 2010.


1.3

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POLLUTION REDUCTION, LOADS VERSUS GOALS, VIRGINIAAgriculture


113

policies and initiatives that will restore the Bay.

COMMITMENT

ON TRACK: Engage watershed partners in development of the Phase III WIP.

Steps Taken: Virginia hosted forums with hundreds of stakeholders across the Commonwealth. Feedback made it clear the Commonwealth’s existing Blueprint relied too heavily on unrealistic, voluntary initiatives. The draft plan calls for more funding for voluntary programs, together with regulatory actions.

Steps Needed: Virginia should continue outreach and engagement with local governments, Planning District Commissions, and Soil and Water Conservation Districts moving forward.

P L A N N I N G“Virginia must increase”

for all sectors, pass legislation that creates enforceable

programs, and continue to engage local partners

“in the process.”

Virginia’s Pollution-Reduction Progress toward 2025 Goals


ISTOCK




WASTEWATER RUNOFF AGRICULTURE SEPTIC OVERALL

PH

OSP

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ON TRACK

ON TRACK

114

Finishing the Job in VirginiaThe Commonwealth must accelerate initiatives to curb pollution from farms and increase funding to support them. It must also do more to reduce polluted runoff from urban and suburban areas and

twice the amount in 2010. Further reductions in wastewater pollution will remain critical.

The Commonwealth’s draft Blueprint is a strong roadmap for getting the job done by 2025. The plan calls for comprehensive efforts to address agricultural pollution, including increased and more effective support for farmers, as well as future mandatory requirements to exclude livestock from streams and improve fertilizer and manure management. It addresses polluted runoff through improved fertilizer management for turf and requirements to ensure additional pollution from newly

cut pollution from wastewater.

creates enforceable programs, and continue to engage local partners in the process.

What Virginia’s Blueprint Looks Like in Your Community

In Virginia Beach, cleaner water in the Lynnhaven River is supporting local businesses and a growing oyster aquaculture industry.

On a farm in the Shenandoah Valley, planting a buffer of native trees along a stream will reduce agricultural runoff and lead to both healthier cattle and waterways.

In the City of Hopewell, planting urban trees provides

runoff from reaching the James River.

A new 10-acre manmade wetland in Waynesboro is creating wildlife habitat, anchoring a neighborhood park, and reducing

For other examples of Virginia’s Blueprint work visit cbf.org/VABlueprintBlog.

KENNY FLETCHER/CBF STAFF



TIMMONS GROUP

115

MarylandCBF Headquarters6 Herndon AvenueAnnapolis, MD 21403

Eastern Shore114 South Washington StreetSuite 103Easton, MD 21601410-543-1999

Pennsylvania1426 North Third StreetSuite 220Harrisburg, PA 17102717-234-5550

Virginia

Suite 1600Richmond, VA 23219

Brock Environmental Center3663 Marlin Bay Drive Virginia Beach, VA 23455757-622-1964

Washington, D.C.1615 M Street, NWWashington, DC 20036202-544-2232

C B F . O R G

WHAT CHALLENGES DO WE FACE?

Making It CountBay jurisdictions get credit toward their Blueprint goals for implementing practices that reduce pollution. To accurately track progress, the Bay states, with oversight by EPA, implemented a

maintain the credibility of restoration efforts. EPA could further

Climate Change Climate change is a real and imminent threat to the Chesapeake Bay. Water temperatures are warming. Sea levels are rising. Record

regular. Scientists agree these changes will make Bay restoration harder, requiring additional reductions in nitrogen and phosphorus pollution by 2025. By 2022, all Bay jurisdictions must describe how they will make the extra cuts. They should plan now and follow the lead of Virginia, West Virginia, and the District of Columbia, which included measures to achieve the additional pollution reductions due to climate change in their latest draft Blueprints.

Conowingo Dam The Conowingo Dam, located in Maryland, for decades trapped

River and prevented it from reaching the Chesapeake Bay. Now, the area behind the dam is silted in and no longer traps as much

and low oxygen levels. To offset the negative effects, scientists estimate six million pounds of nitrogen and 260,000 pounds of

and operator Exelon Generation Company LLC largely responsible for the additional reductions, but the company is challenging the move in court. The Bay jurisdictions also agreed to work together to tackle the problem, and EPA expects to select an independent third party this year to help develop, implement, and track a cleanup Blueprint for Conowingo.

116


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: CCR item - Gore

ISSUE: Presentation and request for creation of a Census Committee

RECOMMENDATION:

TIMING: Action requested immediately BACKGROUND:

ENCLOSED DOCUMENTS:

Census Presentation

STAFF:


________________________________________________________________________

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rs in

you

r net

wor

k

Prom

otio

n

❖En

cour

age

cens

us

part

icipa

tion

thro

ugh

even

ts, w

ebsit

es, s

ocia

l m

edia

pos

ts,

new

slette

rs, e

tc.

❖Fo

rm a

com

plet

e co

unt

com

mitt

ee o

f ele

cted

of

ficia

ls, co

mm

unity

le

ader

s, an

d ot

her k

ey

stak

ehol

ders

133

Our

Tim

elin

e

17

In-F

ield

Add

ress

Can

vass

ing

Augu

st 2

019

–O

ctob

er

2019

Grou

p Q

uart

ers

Febr

uary

202

0 –

July

202

0

Cens

us D

ay

April

1, 2

020

Inte

rnet

Sel

f Res

pons

e M

arch

202

0 –

July

202

0 Upda

te Le

ave

Mar

ch 2

020

–Ap

ril 2

020

Non

resp

onse

Follo

w-u

p Ap

ril 2

020

–Ju

ly 2

020

134

PPhila

delp

hia

Regi

on A

COs (

Area

Cen

sus

Offi

ces)

Virg

inia

Virg

inia

Bea

ch, V

AR

oano

ke, V

AR

ichm

ond,

VA

18

135

RRecr

uitm

ent f

or C

ensu

s Job

s•

A te

mpo

rary

loca

l wor

kfor

ce is

ess

entia

l in

cond

uctin

g th

e 20

20 C

ensu

s. Go

vern

men

t and

Com

mun

ity

Base

d gr

oups

will

pla

y a

pivo

tal r

ole

in re

crui

ting

empl

oyee

s. Th

e kn

owle

dge

abou

t fac

tors

that

may

af

fect

the

recr

uitm

ent p

roce

ss is

impo

rtan

t to

ensu

re th

e re

crui

ting

and

hirin

g of

tem

pora

ry ce

nsus

st

aff i

s in

line

with

com

mun

ity in

tere

sts.

The

focu

s in

the

recr

uitm

ent p

roce

ss is

to:

•Di

strib

ute

info

rmat

ion

in co

mm

uniti

es w

hen

cens

us jo

bs b

ecom

e av

aila

ble

in th

eir a

rea.

•En

cour

age

com

mun

ity o

rgan

izatio

ns a

nd g

over

nmen

ts to

use

thei

r net

wor

ks to

spre

ad th

e w

ord

abou

t ce

nsus

jobs

.

•Id

entif

y fa

ciliti

es w

here

app

lican

ts ca

n go

to a

pply

onl

ine.

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entif

y lo

catio

ns w

here

trai

ning

sess

ions

for n

ew h

ires c

an b

e he

ld.

•He

lp id

entif

y po

tent

ial j

ob a

pplic

ants

and

refe

r the

m to

the

jobs

web

site

or th

e to

ll-fre

e jo

bs li

ne.

19

136

ACO

Job

Title

& D

escr

iptio

nsAr

ea C

ensu

s Offi

ce M

anag

er -

Resp

onsib

le fo

r the

gen

eral

supe

rvisi

on a

nd a

dmin

istra

tion

of th

e of

fice.

Cens

us F

ield

Man

ager

/ Le

ad C

FM–

Resp

onsib

le fo

r acc

ompl

ishin

g pr

oduc

tion

and

qual

ity g

oals

in fi

eld

oper

atio

ns u

nder

th

eir s

pan

of co

ntro

l. Co

nduc

ts in

divi

dual

and

gro

up tr

aini

ng se

ssio

ns fo

r the

ir pe

rson

nel a

s nec

essa

ry.

Adm

inist

ratio

n M

anag

er –

Resp

onsib

le fo

r adm

inist

rativ

e fu

nctio

ns, s

uch

as p

erso

nnel

, pay

roll

and

supp

ly. M

anag

es a

nd

mon

itors

all

offic

e re

quisi

tioni

ng, e

quip

men

t and

ship

ping

.

IT M

anag

er –

Lead

s all

offic

e co

mpu

ting

envi

ronm

ent,

mob

ile co

mpu

ting

envi

ronm

ent,

and

auto

mat

ion

supp

ort e

ffort

s.

Recr

uitin

g M

anag

er –

Ove

rsee

s the

recr

uitin

g an

d te

stin

g of

job

appl

icant

s for

fiel

d po

sitio

n an

d cle

rks.

Recr

uitin

g As

sista

nt –

Assis

ts in

recr

uitin

g an

d te

stin

g of

job

appl

icant

s.

Cens

us F

ield

Sup

ervi

sor –

Appo

ints

, tra

ins,

and

supe

rvise

s enu

mer

ator

s tha

t are

eng

aged

in d

ata

colle

ctio

n.

Offi

ce O

pera

tions

Sup

ervi

sor –

Coor

dina

tes,

supe

rvise

s, an

d ov

erse

es th

e w

ork

of o

ffice

cler

ks in

spec

ific f

unct

iona

l ar

eas.

Enum

erat

or–

Loca

lly h

ired

wor

kers

who

per

form

fiel

d en

umer

atio

n ac

tiviti

es in

and

aro

und

thei

r res

pect

ive

neig

hbor

hood

s.

Cler

k–

Offi

ce c

lerk

s per

form

a w

ide

varie

ty o

f cle

rical

func

tions

in su

ppor

t of f

ield

dat

a co

llect

ion,

recr

uitin

g,

payr

oll/p

erso

nnel

, aut

omat

ion

tech

nolo

gy, a

nd q

ualit

y as

sura

nce

oper

atio

ns.

20

137

CCom

plet

e Co

unt C

omm

ittee

(CCC

)

•The

Cen

sus B

urea

u ha

s ask

ed

gove

rnm

ents

/org

aniza

tions

to se

t up

a CC

C if

feas

ible

. Es

tabl

ishin

g a

CCC

whi

ch re

pres

ents

a b

road

rang

e of

co

mm

unity

inte

rest

s, w

ill p

lay

a m

ajor

role

in co

nduc

ting

cens

us o

utre

ach

and

prom

otio

n ac

tiviti

es fo

r its

co

mm

unity

and

it’s

mem

bers

.

21

138

CCom

plet

e Co

unt C

omm

ittee

s

22

139

Sam

ple

Com

plet

e Co

unt

Com

mitt

ee

23

140

24

Why

For

m A

Com

plet

e Co

unt C

omm

ittee

?

•In

crea

se th

e re

spon

se ra

te fo

r res

iden

ts re

turn

ing

thei

r que

stio

nnai

re

thro

ugh

a fo

cuse

d, n

eigh

bor-t

o ne

ighb

or p

rogr

am.

•Ut

ilize

the

loca

l kno

wle

dge,

exp

ertis

e, a

nd in

fluen

ce o

f eac

h Co

mpl

ete

Coun

t Com

mitt

ee m

embe

r to

desig

n an

d im

plem

ent a

cens

us

awar

enes

s cam

paig

n ta

rget

ed to

the

com

mun

ity.

•Br

ing

toge

ther

a cr

oss s

ectio

n of

com

mun

ity m

embe

rs w

hose

focu

s is

2020

Cen

sus a

war

enes

s.

141

25

Whe

n Sh

ould

a C

CC O

rgan

ize?

Get O

rgan

ized

RIGH

T N

OW

!

•Th

e im

med

iate

form

ulat

ion

of a

Com

plet

e Co

unt C

omm

ittee

w

ill e

nsur

e th

at lo

cal r

esid

ents

are

kep

t abr

east

of t

he v

ario

us

cens

us o

pera

tions

.

•Th

e m

ore

info

rmed

resid

ents

are

abo

ut th

e 20

20 C

ensu

s op

erat

ions

, the

bet

ter t

heir

unde

rsta

ndin

g of

the

cens

us

proc

ess b

ecom

es, i

ncre

asin

g th

eir w

illin

gnes

s to

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t of t

he

succ

essf

ul e

num

erat

ion

in 2

020.

142

26

Bene

fits O

f A C

ompl

ete

Coun

t Com

mitt

ee

•A

CCC

spea

ks th

e la

ngua

ge o

f and

kno

ws t

he p

ulse

of i

ts

com

mun

ity a

nd w

ill h

elp

ensu

re a

n ac

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te 2

020

Cens

us co

unt.

•A

CCC

gain

s val

uabl

e kn

owle

dge

abou

t the

cens

us p

roce

ss a

nd

deve

lops

a p

lan

to im

part

that

kno

wle

dge

to th

e co

mm

unity

.

•A

CCC

incr

ease

s the

par

ticip

atio

n ra

tio a

nd re

spon

se ra

te b

y co

ntin

uing

aw

aren

ess o

f the

202

0 Ce

nsus

.

143

http

://w

ww

.ncs

l.org

/res

earc

h/re

dist

rictin

g/20

20-c

ensu

s-re

sour

ces-

and-

legi

slatio

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px

Info

rmat

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abou

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202

0 Ce

nsus

, inc

ludi

ng st

ate

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eatin

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mpl

ete

coun

t co

mm

ittee

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com

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, ide

ntify

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reac

hing

har

d-to

-cou

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opul

atio

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he

impo

rtan

ce o

f the

cens

us, a

nd st

ate-

leve

l fun

ding

for c

ensu

s pro

mot

ion,

out

reac

h an

d co

mpl

etio

n.

2020

Cen

sus R

esou

rces

and

Legi

slatio

n w

ww

.ncs

l.org

27

144

Next

Ste

ps

28

145

Prep

are

for t

he 2

020

Cen

sus

NO

W!

The

2020

Cen

sus h

as b

egun

.Pr

epar

e to

par

ticip

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put

line

-item

s in

your

bud

get,

iden

tify

hum

an a

nd te

chni

cal r

esou

rces

to su

cces

sful

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artic

ipat

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entif

y a

poin

t of c

onta

ct o

r lia

ison

for y

our C

CC.

Sche

dule

and

invi

te th

e Pa

rtne

rshi

p Sp

ecia

list t

o yo

ur fi

rst C

CC

plan

ning

mee

ting.

29

146

How

Loc

al O

rgan

izatio

ns/G

over

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ts C

an

Colla

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ith th

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.S. C

ensu

s Bu

reau

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ratio

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uppo

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ovid

e sp

ace

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be u

sed

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estin

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n-bo

ardi

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rain

ing,

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. Pr

ovid

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iden

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nstit

utio

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ovid

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lters

, ser

vice

pro

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ansie

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e te

mpo

rary

job

oppo

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otio

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uppo

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rm a

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plet

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unt C

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ittee

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ith

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ervi

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ealth

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ticip

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rs, o

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lert

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ems,

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-in

artic

les,

etc.

30

147

Que

stio

ns 2

020

Cens

us?

Cont

act u

s:

Phila

delp

hia

Regi

onal

Cen

sus C

ente

r-1-

844-

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Emai

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t -Ph

ilade

lphi

a.rc

c.pa

rtne

rshi

p@ce

nsus

.gov

31

148

face

book

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ensu

sbur

eau

twitt

er.c

om/u

scen

susb

urea

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yout

ube.

com

/use

r/us

cens

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agra

m.c

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32

149

QQue

stio

ns?

150


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE:

Request City Council create an Innovation Competition for City Departments

ISSUE: The current Efficiency Study and Technology Review was originally designed to include an element of staff engagement. The desire was to include members of staff by creating an innovation competition for them to suggest problem-solving ideas to help the City operate better and improve customer service.

RECOMMENDATION: City Council approve to create an Innovation Competition internally with City Staff. Request that City Council create a program department level ideas or city wide ideas. Additionally, suggest that City Council commit to a cap level of funding to inform staff that their ideas must range within. For example: $0- $5,000 for departments and no cost cap for city wide ideas. Moreover, City Council should set criteria that the ideas must be able to implemented in a reasonable about of time ranging between 2-6 months.

TIMING: Immediately BACKGROUND: n/a

ENCLOSED DOCUMENTS: n/a

REQUESTER: Mayor Gore


151


MOTION:_____________________________________________________________

________________________________________________________________________

Roll Call

152


CITY OF HOPEWELL




Order of Business:


Action:



Request City Council create a system for members of staff and public to report suspected incidents of fraud, waste or abuse

ISSUE: The City currently does not have any means for anyone to report concerns or suspicions of fraud, waste or abuse. A system needs to be created in which information goes directly to the City Attorney and disseminated to City Council for review.

RECOMMENDATION: City Council approve purchasing a drop box for City Council to college hard copy submissions. In addition, request the City to create an online report form that ensures animosity. All submissions for the online form should also be submitted to the City Attorney for review.


ENCLOSED DOCUMENTS:

None

STAFF: Mayor Gore


________________________________________________________________________

153


Roll Call

154


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: N 2nd Ave Traffic Flow Alteration

ISSUE: The Engineering office was requested to investigate the concept of altering the existing north-south traffic flow of N 2nd Ave between W Randolph Rd and W Broadway. The request was to make this two block segment one-way southbound only.

The Engineering office, in consultation with the Transportation Safety Board (TSB) and the Police Department, reviewed the purpose and need to make the traffic flow alteration during the July 2019 TSB meeting. The purpose is to better position the traffic flow for approach access to and departure from the new police station drop off window. The need for the traffic flow alteration is to make the drop off window more accessible from the driver’s side of approaching vehicles. A secondary need was to eliminate departure conflicts with northbound traffic from the drop off window.

RECOMMENDATION: The TSB voted in July 2019 to implement the one-way traffic flow on a trial basis. The implementation of one-way traffic started in August 2019. Now that the pavement resurfacing of N 2nd Ave is complete, the recommendation is to make this traffic flow condition permanent using pavement markings and guide signs.

TIMING: Staff requests Council action on December 10, 2019 so that the pavement marking and guide sign panels can be installed making this traffic flow alteration permanent. BACKGROUND: N 2nd Ave traffic counts are relatively low. Traffic counts were collected four years ago before the start of the new police station and temporary closing of N 2nd Ave. Alternative connections can handle the typical northbound flow redirected by this traffic flow

155


alteration. As observed during the last two years during construction, the closure did not cause significant congestion issues on neighboring streets.

ENCLOSED DOCUMENTS:

None

STAFF: Johnnie Butler, City Engineer

Police Department


________________________________________________________________________

Roll Call

156


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Rental Inspection Program Update

ISSUE: City Council requested an update on the rental inspection program and strategies to improve

RECOMMENDATION: Staff recommends City Council consider recommendations to improve and possible expand the program and provide resources for implementation

TIMING: December 10, 2019 BACKGROUND: The rental inspection program was codified in 2005. The program has been implemented but lacks enforcement teeth to be influential, and needs additional staff to be sustainable and efficient. In March 2017 at the request of City Council, Staff provided ideas to improve and expand the program. It was decided by City Council to halt any updates until the CAFER’s were complete since additional staff would be needed.

ENCLOSED DOCUMENTS:

Current rental inspection program ordinance

Supplemental documents used in program implementation

Program facts and proposed revisions to program

STAFF: Tevya W. Griffin, Director, Department of Development

157


Robert Todd Hawks, Building Official


________________________________________________________________________

Roll Call

158

Ren

tal I

nspe

ctio

n Pr

ogra

m

City

Cou

ncil

Pres

enta

tion

Dec

embe

r 10,

201

9

159

Cod

e of

Vir

gini

a

•§3

6-10

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gini

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men

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ility

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ees

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rent

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160

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161

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rict

.”

162

Cod

e of

Vir

gini

aTh

est

ate

code

prov

isio

nal

low

sfo

rthe

initi

alin

spec

tion

ofth

eun

itsup

onth

ew

ritte

nno

tific

atio

nof

the

prop

erty

owne

r.Th

eco

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rthe

rpr

ovid

esth

at“t

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ildin

gde

part

men

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auth

ority

unde

rthe

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ing

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eto

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ire

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owne

rof

the

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unit

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ems

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ough

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oco

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ovis

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ode

that

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ete

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spec

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side

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itspe

riod

icin

spec

tions

toon

cea

cale

ndar

year

.

163

His

tory

of R

enta

l Ins

pect

ion

Prog

ram

Nov

embe

r11

,200

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ncil

adop

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rate

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ovem

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lan

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incl

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ram

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164

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tory

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enta

l Ins

pect

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ram

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ary

13,

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–C

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165

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tory

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enta

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hich

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ance

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isio

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105.

1:1

ofth

eC

ode

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irgi

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hes

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icle

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ntal

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ugus

t11,

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ityC

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inan

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and

NW

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illag

ear

eas.

166

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e

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erty

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dule

anin

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clud

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ties

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four

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ycle

.

167

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tegi

c Pl

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ng p

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ss 2

014

•U

nder

the

obje

ctiv

e of

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utifi

catio

n a

goal

w

as to

Re-

inst

ate

Rent

al In

spec

tion

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ram

•

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Cou

ncil

expr

esse

d in

tere

st in

exp

andi

ng

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al in

spec

tion

dist

rict

s•

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eed

that

this

wou

ld re

quir

e ad

ditio

nal

insp

ecto

rs•

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spec

tor p

ositi

on w

as a

ppro

ved

but o

n ho

ld fo

r co

mpl

etio

n of

CA

FER

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e re

visi

on o

f the

ord

inan

ce w

as a

lso

plac

ed o

n ho

ld u

ntil

insp

ecto

r pos

ition

was

fille

d

168

City

Poi

nt R

IA

Esta

blis

hed

with

the

adop

tion

of

Ord

inan

ce #

2005

-12.

Initi

al in

spec

tion

of u

nits

occ

urre

d in

200

5-20

06, s

ubse

quen

t ins

pect

ions

201

0-20

13,

and

2016

-17

195

rent

al p

rope

rtie

s in

the

City

Poi

nt R

IA

171

City

Poi

nt R

IATo

tals

Tota

l # o

f Ren

talP

rope

rtie

s19

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tal#

of L

ette

rs m

aile

d12

2

(Are

as 1

-4)

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l # o

f Ins

pect

ions

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hedu

led

31

Tota

l # o

f Pro

pert

ies

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pt11

Tota

l # P

asse

dIn

itial

In

spec

tions

17

Faile

dIn

spec

tions

13C

ance

lled

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ectio

ns1

34%

re

spon

se

rate

56%

pa

ssed

in

itial

in

spec

tion

172

‘B’ V

illag

e RI

A

Esta

blis

hed

with

the

adop

tion

of

Ord

inan

ce #

2009

-11.

Bega

n co

nduc

ting

the

initi

al in

spec

tion

of

units

in R

IA a

t the

beg

inni

ng o

f Feb

ruar

y 20

13 -

2015

329

rent

al p

rope

rtie

s in

the

B V

illag

e RI

A

174

Des

igna

tion

of R

enta

l Ins

pect

ion

Dis

trict

s

•St

ate

Cod

e §3

6-10

5.1:

1 al

low

s a

–re

ntal

insp

ectio

n di

stri

ct a

nd/o

r –

indi

vidu

al b

uild

ings

out

side

of a

dis

tric

t.

•Th

e en

tire

City

can

not b

e de

clar

ed a

di

stri

ct.

•Pu

blic

hea

ring

requ

ired

175

Cri

teri

a fo

r dis

tric

t des

igna

tion

•Bl

ight

ed o

r in

the

proc

ess o

f det

erio

ratin

g,

or

•th

e re

side

ntia

l ren

tal d

wel

ling

units

are

in

the

need

of i

nspe

ctio

n by

the

build

ing

depa

rtm

ent t

o pr

even

t det

erio

ratio

n•

An

insp

ectio

n is

nec

essa

ry to

mai

ntai

n sa

fe, d

ecen

t and

sani

tary

livi

ng c

ondi

tions

fo

r ten

ants

and

oth

er re

side

nts

livin

g in

th

e di

stri

ct.

176

Indi

vidu

al b

uild

ing

desi

gnat

ion

•M

ust h

ave

sepa

rate

find

ings

for e

ach

dwel

ling

unit

by th

e lo

cal g

over

ning

bod

y M

ust s

how

:–

ther

e is

a n

eed

to p

rote

ct th

e pu

blic

hea

lth,

wel

fare

and

saf

ety

of th

e oc

cupa

nts

of th

at

indi

vidu

al d

wel

ling

unit;

–th

e in

divi

dual

dw

ellin

g un

it is

eith

er (a

) bl

ight

ed o

r (b)

in th

e pr

oces

s of

det

erio

ratin

g;

or (i

ii) th

ere

is e

vide

nce

of v

iola

tions

of t

he

Build

ing

Cod

e

177

Prog

ram

Lim

itatio

ns•

Alth

ough

allo

wed

inen

ablin

gle

gisl

atio

n,th

eC

itydo

esno

tch

arge

afe

efo

rth

ein

itial

insp

ectio

n,fo

llow

-up

insp

ectio

nsan

d/or

perio

dic

insp

ectio

ns.

•Pe

nalti

esfo

rfa

ilure

tosc

hedu

lean

insp

ectio

nis

fixed

at$5

0pe

rthe

Stat

eC

ode.

•Th

ere

isno

imm

edia

teco

nseq

uenc

efo

rfa

ilure

topa

y$5

0ci

vil

pena

lty.

Itis

not

adde

dto

the

tax

bill,

alie

nca

nnot

bepl

aced

onpr

oper

tyfo

rfai

lure

topa

yan

dth

ere

isno

inte

rest

char

ged

onth

efe

e.

178

Prog

ram

Lim

itatio

ns•

Ifpr

oper

typa

sses

insp

ectio

n,an

othe

rin

spec

tion

isno

treq

uire

dfo

r4ye

ars.

•W

hile

anad

ditio

nali

nspe

ctio

nou

tsid

eof

the

4ye

ars

can

beco

nduc

ted,

staf

fing

leve

lsdo

n’t

perm

itth

isac

tivity

•Th

eR

enta

lIn

spec

tion

Prog

ram

regu

late

sm

inim

umst

anda

rds.

Itdo

esno

tsp

eak

toae

sthe

tics,

i.e.

arch

itect

ure,

colo

rofd

wel

ling.

•Li

mite

dhu

man

reso

urce

sm

akes

prog

ram

unsu

stai

nabl

e

179

Staf

f Rec

omm

enda

tions

•H

irede

dica

ted

full

time

rent

alin

spec

tor

and

part

time

adm

inis

trativ

epe

rson

nelf

orth

etw

ocu

rren

tdis

trict

s•

Rev

ise

ordi

nanc

eto

colle

ctfe

esfo

rfo

llow

upan

dre

-insp

ectio

ns.

Con

side

rse

tting

fees

toof

fset

cost

sofp

rogr

amde

liver

y.•

Ifno

tpai

din

30da

ysre

quire

pena

ltyfe

esto

bepa

idbe

fore

taxe

sor

plac

elie

non

prop

erty

for

non-

paym

ent

180

Staf

f Rec

omm

enda

tions

•U

se v

iola

tion

data

to e

stab

lish

addi

tiona

l Re

ntal

Insp

ectio

n D

istr

icts

and

des

igna

te

spec

ific

prob

lem

atic

dw

ellin

g un

its

thro

ugho

ut th

e C

ity a

s Re

ntal

Insp

ectio

n pr

oper

ties

–N

ote:

Hir

e 1

Rent

al In

spec

tor f

or e

very

2

dist

rict

s pl

us 1

par

t tim

e ad

min

istr

ativ

e pe

rson

nel

181

Que

stio

ns

&

Ans

wer

s

182

Code of VirginiaTitle 36. HousingChapter 6. Uniform Statewide Building Code § 36-105.1:1. Rental inspections; rental inspection districts;exemptions; penalties A. For purposes of this section: "Dwelling unit" means a building or structure or part thereof that is used for a home or residenceby one or more persons who maintain a household. "Owner" means the person shown on the current real estate assessment books or current realestate assessment records. "Residential rental dwelling unit" means a dwelling unit that is leased or rented to one or moretenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed tobe a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit whichhas its own cooking and sleeping areas, and a bathroom, unless otherwise provided in the zoningordinance by the local governing body. B. Localities may inspect residential rental dwelling units. The local governing body may adoptan ordinance to inspect residential rental dwelling units for compliance with the Building Codeand to promote safe, decent and sanitary housing for its citizens, in accordance with thefollowing: 1. Except as provided in subdivision B 3, the dwelling units shall be located in a rental inspectiondistrict established by the local governing body in accordance with this section, and 2. The rental inspection district is based upon a finding by the local governing body that (i) thereis a need to protect the public health, safety and welfare of the occupants of dwelling units insidethe designated rental inspection district; (ii) the residential rental dwelling units within thedesignated rental inspection district are either (a) blighted or in the process of deteriorating, or(b) the residential rental dwelling units are in the need of inspection by the building departmentto prevent deterioration, taking into account the number, age and condition of residentialdwelling rental units inside the proposed rental inspection district; and (iii) the inspection ofresidential rental dwelling units inside the proposed rental inspection district is necessary tomaintain safe, decent and sanitary living conditions for tenants and other residents living in theproposed rental inspection district. Nothing in this section shall be construed to authorize one ormore locality-wide rental inspection districts and a local governing body shall limit theboundaries of the proposed rental inspection districts to such areas of the locality that meet thecriteria set out in this subsection, or 3. An individual residential rental dwelling unit outside of a designated rental inspection districtis made subject to the rental inspection ordinance based upon a separate finding for eachindividual dwelling unit by the local governing body that (i) there is a need to protect the publichealth, welfare and safety of the occupants of that individual dwelling unit; (ii) the individualdwelling unit is either (a) blighted or (b) in the process of deteriorating; or (iii) there is evidenceof violations of the Building Code that affect the safe, decent and sanitary living conditions fortenants living in such individual dwelling unit.

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For purposes of this section, the local governing body may designate a local government agencyother than the building department to perform all or part of the duties contained in theenforcement authority granted to the building department by this section. C. 1. Notification to owners of dwelling units. Before adopting a rental inspection ordinance andestablishing a rental inspection district or an amendment to either, the governing body of thelocality shall hold a public hearing on the proposed ordinance. Notice of the hearing shall bepublished once a week for two successive weeks in a newspaper published or having generalcirculation in the locality. Upon adoption by the local governing body of a rental inspection ordinance, the buildingdepartment shall make reasonable efforts to notify owners of residential rental dwelling units inthe designated rental inspection district, or their designated managing agents, and to anyindividual dwelling units subject to the rental inspection ordinance, not located in a rentalinspection district, of the adoption of such ordinance, and provide information and anexplanation of the rental inspection ordinance and the responsibilities of the owner thereunder. 2. Notification by owners of dwelling units to locality. The rental inspection ordinance mayinclude a provision that requires the owners of dwelling units in a rental inspection district tonotify the building department in writing if the dwelling unit of the owner is used for residentialrental purposes. The building department may develop a form for such purposes. The rentalinspection ordinance shall not include a registration requirement or a fee of any kind associatedwith the written notification pursuant to this subdivision. A rental inspection ordinance may notrequire that the written notification from the owner of a dwelling unit subject to a rentalinspection ordinance be provided to the building department in less than 60 days after theadoption of a rental inspection ordinance. However, there shall be no penalty for the failure of anowner of a residential rental dwelling unit to comply with the provisions of this subsection,unless and until the building department provides personal or written notice to the propertyowner, as provided in this section. In any event, the sole penalty for the willful failure of anowner of a dwelling unit who is using the dwelling unit for residential rental purposes to complywith the written notification requirement shall be a civil penalty of up to $50. For purposes ofthis subsection, notice sent by regular first class mail to the last known address of the owner asshown on the current real estate tax assessment books or current real estate tax assessmentrecords shall be deemed compliance with this requirement. D. Initial inspection of dwelling units when rental inspection district is established. Uponestablishment of a rental inspection district in accordance with this section, the buildingdepartment may, in conjunction with the written notifications as provided for in subsection C,proceed to inspect dwelling units in the designated rental inspection district to determine if thedwelling units are being used as a residential rental property and for compliance with theprovisions of the Building Code that affect the safe, decent and sanitary living conditions for thetenants of such property. E. Provisions for initial and periodic inspections of multifamily dwelling units. If a multifamilydevelopment has more than 10 dwelling units, in the initial and periodic inspections, thebuilding department shall inspect only a sampling of dwelling units, of not less than two and notmore than 10 percent of the dwelling units, of a multifamily development, which includes all ofthe multifamily buildings which are part of that multifamily development. In no event, however,shall the building department charge a fee authorized by this section for inspection of more than10 dwelling units. If the building department determines upon inspection of the sampling of

2 3/22/2017

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dwelling units that there are violations of the Building Code that affect the safe, decent andsanitary living conditions for the tenants of such multifamily development, the buildingdepartment may inspect as many dwelling units as necessary to enforce the Building Code, inwhich case, the fee shall be based upon a charge per dwelling unit inspected, as otherwiseprovided in subsection H. F.1. Follow-up inspections. Upon the initial or periodic inspection of a residential rental dwellingunit subject to a rental inspection ordinance, the building department has the authority underthe Building Code to require the owner of the dwelling unit to submit to such follow-upinspections of the dwelling unit as the building department deems necessary, until such time asthe dwelling unit is brought into compliance with the provisions of the Building Code that affectthe safe, decent and sanitary living conditions for the tenants. 2. Periodic inspections. Except as provided in subdivision F 1, following the initial inspection of aresidential rental dwelling unit subject to a rental inspection ordinance, the building departmentmay inspect any residential rental dwelling unit in a rental inspection district, that is nototherwise exempted in accordance with this section, no more than once each calendar year. G. Exemptions from rental inspection ordinance. 1. Upon the initial or periodic inspection of a residential rental dwelling unit subject to a rentalinspection ordinance for compliance with the Building Code, provided that there are noviolations of the Building Code that affect the safe, decent and sanitary living conditions for thetenants of such residential rental dwelling unit, the building department shall provide, to theowner of such residential rental dwelling unit, an exemption from the rental inspectionordinance for a minimum of four years. Upon the sale of a residential rental dwelling unit, thebuilding department may perform a periodic inspection as provided in subdivision F 2,subsequent to such sale. If a residential rental dwelling unit has been issued a certificate ofoccupancy within the last four years, an exemption shall be granted for a minimum period of fouryears from the date of the issuance of the certificate of occupancy by the building department. Ifthe residential rental dwelling unit becomes in violation of the Building Code during theexemption period, the building department may revoke the exemption previously granted underthis section. 2. The local governing body may exempt a residential rental unit otherwise subject to a rentalinspection ordinance provided such unit is managed by (i) any person licensed under theprovisions of § 54.1-2106.1;(ii) any (a) property manager or (b) managing agent of a landlord asdefined in § 55-248.4;(iii) any owner of a publicly traded entity that manages its own multifamilyresidential rental units; or (iv) any owner or managing agent who, in the determination of thelocal governing body, has achieved a satisfactory designation as a professional property manager. H. A local governing body may establish a fee schedule for enforcement of the Building Code,which includes a per dwelling unit fee for the initial inspections, follow-up inspections andperiodic inspections under this section. I. The provisions of this section shall not, in any way, alter the rights and obligations of landlordsand tenants pursuant to the applicable provisions of Chapter 13 (§ 55-217 et seq.) or Chapter 13.2(§ 55-248.2 et seq.) of Title 55. J. The provisions of this section shall not alter the duties or responsibilities of the local buildingdepartment under § 36-105 to enforce the Building Code.

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K. Unless otherwise provided in this section, penalties for violation of this section shall be thesame as the penalties provided in the Building Code. 2004, c. 851;2009, c. 663;2016, c. 338.

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REGULAR BUSINESS

REPORTSOF THE

CITY MANAGER


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: CAFR Update

ISSUE: Update on status of CAFRs

RECOMMENDATION: No action is required

TIMING: BACKGROUND:

ENCLOSED DOCUMENTS:

None

STAFF: John M. Altman, Jr., City Manager


________________________________________________________________________

Roll Call

193


CITY OF HOPEWELL




Order of Business:


Action:



Review and discussion of State Senate Bill No. 16 and Hopewell’s 2A Sanctuary City Status

ISSUE: There has been a substantial amount of communication from citizens regarding SB16, and whether or not Hopewell intends to take a stance on it. Based on the request of City constitutents, I have added this item to the agenda for open discussion.

RECOMMENDATION:

TIMING: BACKGROUND:

ENCLOSED DOCUMENTS:

State Senate Bill No. 16

Prince George County 2A Sanctuary County Resolution (sample)

STAFF: Deborah Randolph, Councilor


________________________________________________________________________

Roll Call

194

2020 SESSION

INTRODUCED

20100507D1 SENATE BILL NO. 162 Offered January 8, 20203 Prefiled November 18, 20194 A BILL to amend and reenact §§ 16.1-278.9, 18.2-287.4, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.2:2,5 18.2-308.7, and 18.2-308.8 of the Code of Virginia and to amend the Code of Virginia by adding a6 section numbered 18.2-308.9, relating to prohibiting sale, transfer, etc., of assault firearms and7 certain firearm magazines; penalties.8 ––––––––––

Patron––Saslaw9 ––––––––––

10 Referred to Committee for Courts of Justice11 ––––––––––12 Be it enacted by the General Assembly of Virginia:13 1. That §§ 16.1-278.9, 18.2-287.4, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.7, and14 18.2-308.8 of the Code of Virginia are amended and reenacted and that the Code of Virginia is15 amended by adding a section numbered 18.2-308.9 as follows:16 § 16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm, and drug17 offenses; truancy.18 A. If a court has found facts which would justify a finding that a child at least 13 years of age at the19 time of the offense is delinquent and such finding involves (i) a violation of § 18.2-266 or of a similar20 ordinance of any county, city or town, (ii) a refusal to take a breath test in violation of § 18.2-268.2,21 (iii) a felony violation of § 18.2-248, 18.2-248.1 or 18.2-250, (iv) a misdemeanor violation of22 § 18.2-248, 18.2-248.1, or 18.2-250 or a violation of § 18.2-250.1, (v) the unlawful purchase, possession23 or consumption of alcohol in violation of § 4.1-305 or the unlawful drinking or possession of alcoholic24 beverages in or on public school grounds in violation of § 4.1-309, (vi) public intoxication in violation25 of § 18.2-388 or a similar ordinance of a county, city or town, (vii) the unlawful use or possession of a26 handgun or possession of a "streetsweeper" as defined below an assault firearm as defined in27 § 18.2-308.8, or (viii) a violation of § 18.2-83, the court shall order, in addition to any other penalty that28 it may impose as provided by law for the offense, that the child be denied a driver's license. In addition29 to any other penalty authorized by this section, if the offense involves a violation designated under30 clause (i) and the child was transporting a person 17 years of age or younger, the court shall impose the31 additional fine and order community service as provided in § 18.2-270. If the offense involves a32 violation designated under clause (i), (ii), (iii) or (viii), the denial of a driver's license shall be for a33 period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such34 offense or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a35 second or subsequent such offense. If the offense involves a violation designated under clause (iv), (v)36 or (vi) the denial of driving privileges shall be for a period of six months unless the offense is37 committed by a child under the age of 16 years and three months, in which case the child's ability to38 apply for a driver's license shall be delayed for a period of six months following the date he reaches the39 age of 16 and three months. If the offense involves a first violation designated under clause (v) or (vi),40 the court shall impose the license sanction and may enter a judgment of guilt or, without entering a41 judgment of guilt, may defer disposition of the delinquency charge until such time as the court disposes42 of the case pursuant to subsection F of this section. If the offense involves a violation designated under43 clause (iii) or (iv), the court shall impose the license sanction and shall dispose of the delinquency44 charge pursuant to the provisions of this chapter or § 18.2-251. If the offense involves a violation45 designated under clause (vii), the denial of driving privileges shall be for a period of not less than 3046 days, except when the offense involves possession of a concealed handgun or a striker 12, commonly47 called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension48 drum magazine capable of holding 12 shotgun shells an assault firearm as defined in § 18.2-308.8, in49 which case the denial of driving privileges shall be for a period of two years unless the offense is50 committed by a child under the age of 16 years and three months, in which event the child's ability to51 apply for a driver's license shall be delayed for a period of two years following the date he reaches the52 age of 16 and three months.53 A1. If a court finds that a child at least 13 years of age has failed to comply with school attendance54 and meeting requirements as provided in § 22.1-258, the court shall order the denial of the child's55 driving privileges for a period of not less than 30 days. If such failure to comply involves a child under56 the age of 16 years and three months, the child's ability to apply for a driver's license shall be delayed57 for a period of not less than 30 days following the date he reaches the age of 16 and three months.58 If the court finds a second or subsequent such offense, it may order the denial of a driver's license

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59 for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the60 child's ability to apply for a driver's license for a period of one year following the date he reaches the61 age of 16 and three months, as may be appropriate.62 A2. If a court finds that a child at least 13 years of age has refused to take a blood test in violation63 of § 18.2-268.2, the court shall order that the child be denied a driver's license for a period of one year64 or until the juvenile reaches the age of 17, whichever is longer, for a first such offense or for a period65 of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent66 such offense.67 B. Any child who has a driver's license at the time of the offense or at the time of the court's finding68 as provided in subsection A1 or A2 shall be ordered to surrender his driver's license, which shall be69 held in the physical custody of the court during any period of license denial.70 C. The court shall report any order issued under this section to the Department of Motor Vehicles,71 which shall preserve a record thereof. The report and the record shall include a statement as to whether72 the child was represented by or waived counsel or whether the order was issued pursuant to subsection73 A1 or A2. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter or the74 provisions of Title 46.2, this record shall be available only to all law-enforcement officers, attorneys for75 the Commonwealth and courts. No other record of the proceeding shall be forwarded to the Department76 of Motor Vehicles unless the proceeding results in an adjudication of guilt pursuant to subsection F.77 The Department of Motor Vehicles shall refuse to issue a driver's license to any child denied a78 driver's license until such time as is stipulated in the court order or until notification by the court of79 withdrawal of the order of denial under subsection E.80 D. If the finding as to the child involves a violation designated under clause (i), (ii), (iii) or (vi) of81 subsection A or a violation designated under subsection A2, the child may be referred to a certified82 alcohol safety action program in accordance with § 18.2-271.1 upon such terms and conditions as the83 court may set forth. If the finding as to such child involves a violation designated under clause (iii),84 (iv), (v), (vii) or (viii) of subsection A, such child may be referred to appropriate rehabilitative or85 educational services upon such terms and conditions as the court may set forth.86 The court, in its discretion and upon a demonstration of hardship, may authorize the use of a87 restricted permit to operate a motor vehicle by any child who has a driver's license at the time of the88 offense or at the time of the court's finding as provided in subsection A1 or A2 for any of the purposes89 set forth in subsection E of § 18.2-271.1 or for travel to and from school, except that no restricted90 license shall be issued for travel to and from home and school when school-provided transportation is91 available and no restricted license shall be issued if the finding as to such child involves a violation92 designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of93 any offense designated in subsection A, a second finding by the court of failure to comply with school94 attendance and meeting requirements as provided in subsection A1, or a second or subsequent finding by95 the court of a refusal to take a blood test as provided in subsection A2. The issuance of the restricted96 permit shall be set forth within the court order, a copy of which shall be provided to the child, and shall97 specifically enumerate the restrictions imposed and contain such information regarding the child as is98 reasonably necessary to identify him. The child may operate a motor vehicle under the court order in99 accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions

100 imposed pursuant to this section is guilty of a violation of § 46.2-301.101 E. Upon petition made at least 90 days after issuance of the order, the court may review and102 withdraw any order of denial of a driver's license if for a first such offense or finding as provided in103 subsection A1 or A2. For a second or subsequent such offense or finding, the order may not be104 reviewed and withdrawn until one year after its issuance.105 F. If the finding as to such child involves a first violation designated under clause (vii) of subsection106 A, upon fulfillment of the terms and conditions prescribed by the court and after the child's driver's107 license has been restored, the court shall or, in the event the violation resulted in the injury or death of108 any person or if the finding involves a violation designated under clause (i), (ii), (v), or (vi) of109 subsection A, may discharge the child and dismiss the proceedings against him. Discharge and dismissal110 under these provisions shall be without an adjudication of guilt but a record of the proceeding shall be111 retained for the purpose of applying this section in subsequent proceedings. Failure of the child to fulfill112 such terms and conditions shall result in an adjudication of guilt. If the finding as to such child involves113 a violation designated under clause (iii) or (iv) of subsection A, the charge shall not be dismissed114 pursuant to this subsection but shall be disposed of pursuant to the provisions of this chapter or115 § 18.2-251. If the finding as to such child involves a second violation under clause (v), (vi) or (vii) of116 subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of117 under § 16.1-278.8.118 § 18.2-287.4. Carrying loaded shotguns in public areas prohibited; penalty.119 It shall be is unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol120 that expels single or multiple projectiles by action of an explosion of a combustible material and is

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121 equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition122 or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b)123 shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it124 is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or125 in any public park or any other place of whatever nature that is open to the public in the Cities of126 Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or127 in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.128 The provisions of this section shall not apply to law-enforcement officers, licensed security guards,129 military personnel in the performance of their lawful duties, or any person having a valid concealed130 handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting131 activities at an established shooting range or shooting contest. Any person violating the provisions of132 this section shall be is guilty of a Class 1 misdemeanor.133 The exemptions set forth in §§ 18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the134 provisions of this section.135 § 18.2-308.2:01. Possession or transportation of firearms by certain persons.136 A. It shall be unlawful for any person who is not a citizen of the United States or who is not a137 person lawfully admitted for permanent residence to knowingly and intentionally possess or transport138 any assault firearm or to knowingly and intentionally carry about his person, hidden from common139 observation, an assault firearm.140 B. It shall be is unlawful for any person who is not a citizen of the United States and who is not141 lawfully present in the United States to knowingly and intentionally possess or transport any firearm or142 to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A143 violation of this section shall be is punishable as a Class 6 felony.144 C. For purposes of this section, "assault firearm" means any semi-automatic center-fire rifle or pistol145 that expels single or multiple projectiles by action of an explosion of a combustible material and is146 equipped at the time of the offense with a magazine which will hold more than 20 rounds of147 ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding148 stock.149 § 18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons.150 Any person who sells, barters, gives or furnishes, or has in his possession or under his control with151 the intent of selling, bartering, giving or furnishing, any firearm to any person he knows is prohibited152 from possessing or transporting a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3,153 18.2-308.2, subsection B of § 18.2-308.2:01, or § 18.2-308.7 shall be is guilty of a Class 4 felony.154 However, this prohibition shall not be applicable when the person convicted of the felony, adjudicated155 delinquent or acquitted by reason of insanity has (i) been issued a permit pursuant to subsection C of §156 18.2-308.2 or been granted relief pursuant to subsection B of § 18.2-308.1:1, or § 18.2-308.1:2 or157 18.2-308.1:3; (ii) been pardoned or had his political disabilities removed in accordance with subsection158 B of § 18.2-308.2; or (iii) obtained a permit to ship, transport, possess or receive firearms pursuant to159 the laws of the United States.160 § 18.2-308.2:2. Criminal history record information check required for the transfer of certain161 firearms.162 A. Any person purchasing from a dealer a firearm as herein defined shall consent in writing, on a163 form to be provided by the Department of State Police, to have the dealer obtain criminal history record164 information. Such form shall include only the written consent; the name, birth date, gender, race,165 citizenship, and social security number and/or any other identification number; the number of firearms166 by category intended to be sold, rented, traded, or transferred; and answers by the applicant to the167 following questions: (i) has the applicant been convicted of a felony offense or found guilty or168 adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent169 act that would be a felony if committed by an adult; (ii) is the applicant subject to a court order170 restraining the applicant from harassing, stalking, or threatening the applicant's child or intimate partner,171 or a child of such partner, or is the applicant subject to a protective order; and (iii) has the applicant172 ever been acquitted by reason of insanity and prohibited from purchasing, possessing or transporting a173 firearm pursuant to § 18.2-308.1:1 or any substantially similar law of any other jurisdiction, been174 adjudicated legally incompetent, mentally incapacitated or adjudicated an incapacitated person and175 prohibited from purchasing a firearm pursuant to § 18.2-308.1:2 or any substantially similar law of any176 other jurisdiction, or been involuntarily admitted to an inpatient facility or involuntarily ordered to177 outpatient mental health treatment and prohibited from purchasing a firearm pursuant to § 18.2-308.1:3178 or any substantially similar law of any other jurisdiction.179 B. 1. No dealer shall sell, rent, trade or transfer from his inventory any such firearm to any other180 person who is a resident of Virginia until he has (i) obtained written consent and the other information181 on the consent form specified in subsection A, and provided the Department of State Police with the

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182 name, birth date, gender, race, citizenship, and social security and/or any other identification number and183 the number of firearms by category intended to be sold, rented, traded or transferred and (ii) requested184 criminal history record information by a telephone call to or other communication authorized by the185 State Police and is authorized by subdivision 2 to complete the sale or other such transfer. To establish186 personal identification and residence in Virginia for purposes of this section, a dealer must require any187 prospective purchaser to present one photo-identification form issued by a governmental agency of the188 Commonwealth or by the United States Department of Defense that demonstrates that the prospective189 purchaser resides in Virginia. For the purposes of this section and establishment of residency for firearm190 purchase, residency of a member of the armed forces shall include both the state in which the member's191 permanent duty post is located and any nearby state in which the member resides and from which he192 commutes to the permanent duty post. A member of the armed forces whose photo identification issued193 by the Department of Defense does not have a Virginia address may establish his Virginia residency194 with such photo identification and either permanent orders assigning the purchaser to a duty post,195 including the Pentagon, in Virginia or the purchaser's Leave and Earnings Statement. When the photo196 identification presented to a dealer by the prospective purchaser is a driver's license or other photo197 identification issued by the Department of Motor Vehicles, and such identification form contains a date198 of issue, the dealer shall not, except for a renewed driver's license or other photo identification issued by199 the Department of Motor Vehicles, sell or otherwise transfer a firearm to the prospective purchaser until200 30 days after the date of issue of an original or duplicate driver's license unless the prospective201 purchaser also presents a copy of his Virginia Department of Motor Vehicles driver's record showing202 that the original date of issue of the driver's license was more than 30 days prior to the attempted203 purchase.204 In addition, no dealer shall sell, rent, trade, or transfer from his inventory any assault firearm to any205 person who is not a citizen of the United States or who is not a person lawfully admitted for permanent206 residence.207 Upon receipt of the request for a criminal history record information check, the State Police shall (a)208 review its criminal history record information to determine if the buyer or transferee is prohibited from209 possessing or transporting a firearm by state or federal law, (b) inform the dealer if its record indicates210 that the buyer or transferee is so prohibited, and (c) provide the dealer with a unique reference number211 for that inquiry.212 2. The State Police shall provide its response to the requesting dealer during the dealer's request, or213 by return call without delay. If the criminal history record information check indicates the prospective214 purchaser or transferee has a disqualifying criminal record or has been acquitted by reason of insanity215 and committed to the custody of the Commissioner of Behavioral Health and Developmental Services,216 the State Police shall have until the end of the dealer's next business day to advise the dealer if its217 records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state218 or federal law. If not so advised by the end of the dealer's next business day, a dealer who has fulfilled219 the requirements of subdivision 1 may immediately complete the sale or transfer and shall not be220 deemed in violation of this section with respect to such sale or transfer. In case of electronic failure or221 other circumstances beyond the control of the State Police, the dealer shall be advised immediately of222 the reason for such delay and be given an estimate of the length of such delay. After such notification,223 the State Police shall, as soon as possible but in no event later than the end of the dealer's next business224 day, inform the requesting dealer if its records indicate the buyer or transferee is prohibited from225 possessing or transporting a firearm by state or federal law. A dealer who fulfills the requirements of226 subdivision 1 and is told by the State Police that a response will not be available by the end of the227 dealer's next business day may immediately complete the sale or transfer and shall not be deemed in228 violation of this section with respect to such sale or transfer.229 3. Except as required by subsection D of § 9.1-132, the State Police shall not maintain records longer230 than 30 days, except for multiple handgun transactions for which records shall be maintained for 12231 months, from any dealer's request for a criminal history record information check pertaining to a buyer232 or transferee who is not found to be prohibited from possessing and transporting a firearm under state or233 federal law. However, the log on requests made may be maintained for a period of 12 months, and such234 log shall consist of the name of the purchaser, the dealer identification number, the unique approval235 number and the transaction date.236 4. On the last day of the week following the sale or transfer of any firearm, the dealer shall mail or237 deliver the written consent form required by subsection A to the Department of State Police. The State238 Police shall immediately initiate a search of all available criminal history record information to239 determine if the purchaser is prohibited from possessing or transporting a firearm under state or federal240 law. If the search discloses information indicating that the buyer or transferee is so prohibited from241 possessing or transporting a firearm, the State Police shall inform the chief law-enforcement officer in242 the jurisdiction where the sale or transfer occurred and the dealer without delay.243 5. Notwithstanding any other provisions of this section, rifles and shotguns may be purchased by

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244 persons who are citizens of the United States or persons lawfully admitted for permanent residence but245 residents of other states under the terms of subsections A and B upon furnishing the dealer with one246 photo-identification form issued by a governmental agency of the person's state of residence and one247 other form of identification determined to be acceptable by the Department of Criminal Justice Services.248 6. For the purposes of this subsection, the phrase "dealer's next business day" shall not include249 December 25.250 C. No dealer shall sell, rent, trade or transfer from his inventory any firearm, except when the251 transaction involves a rifle or a shotgun and can be accomplished pursuant to the provisions of252 subdivision B 5 to any person who is not a resident of Virginia unless he has first obtained from the253 Department of State Police a report indicating that a search of all available criminal history record254 information has not disclosed that the person is prohibited from possessing or transporting a firearm255 under state or federal law. The dealer shall obtain the required report by mailing or delivering the256 written consent form required under subsection A to the State Police within 24 hours of its execution. If257 the dealer has complied with the provisions of this subsection and has not received the required report258 from the State Police within 10 days from the date the written consent form was mailed to the259 Department of State Police, he shall not be deemed in violation of this section for thereafter completing260 the sale or transfer.261 D. Nothing herein shall prevent a resident of the Commonwealth, at his option, from buying, renting262 or receiving a firearm from a dealer in Virginia by obtaining a criminal history record information check263 through the dealer as provided in subsection C.264 E. If any buyer or transferee is denied the right to purchase a firearm under this section, he may265 exercise his right of access to and review and correction of criminal history record information under266 § 9.1-132 or institute a civil action as provided in § 9.1-135, provided any such action is initiated within267 30 days of such denial.268 F. Any dealer who willfully and intentionally requests, obtains, or seeks to obtain criminal history269 record information under false pretenses, or who willfully and intentionally disseminates or seeks to270 disseminate criminal history record information except as authorized in this section shall be guilty of a271 Class 2 misdemeanor.272 G. For purposes of this section:273 "Actual buyer" means a person who executes the consent form required in subsection B or C, or274 other such firearm transaction records as may be required by federal law.275 "Antique firearm" means:276 1. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of277 ignition system) manufactured in or before 1898;278 2. Any replica of any firearm described in subdivision 1 of this definition if such replica (i) is not279 designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (ii) uses rimfire280 or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that281 is not readily available in the ordinary channels of commercial trade;282 3. Any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use283 black powder, or a black powder substitute, and that cannot use fixed ammunition. For purposes of this284 subdivision, the term "antique firearm" shall not include any weapon that incorporates a firearm frame285 or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon286 that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech-block, or any287 combination thereof; or288 4. Any curio or relic as defined in this subsection.289 "Assault firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple290 projectiles by action of an explosion of a combustible material and is equipped at the time of the291 offense with a magazine which will hold more than 20 rounds of ammunition or designed by the292 manufacturer to accommodate a silencer or equipped with a folding stock the same as that term is293 defined in § 18.2-308.8.294 "Curios or relics" means firearms that are of special interest to collectors by reason of some quality295 other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To296 be recognized as curios or relics, firearms must fall within one of the following categories:297 1. Firearms that were manufactured at least 50 years prior to the current date, which use rimfire or298 conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is299 not readily available in the ordinary channels of commercial trade, but not including replicas thereof;300 2. Firearms that are certified by the curator of a municipal, state, or federal museum that exhibits301 firearms to be curios or relics of museum interest; and302 3. Any other firearms that derive a substantial part of their monetary value from the fact that they303 are novel, rare, bizarre, or because of their association with some historical figure, period, or event.304 Proof of qualification of a particular firearm under this category may be established by evidence of

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305 present value and evidence that like firearms are not available except as collectors' items, or that the306 value of like firearms available in ordinary commercial channels is substantially less.307 "Dealer" means any person licensed as a dealer pursuant to 18 U.S.C. § 921 et seq.308 "Firearm" means any handgun, shotgun, or rifle that will or is designed to or may readily be309 converted to expel single or multiple projectiles by action of an explosion of a combustible material.310 "Handgun" means any pistol or revolver or other firearm originally designed, made and intended to311 fire single or multiple projectiles by means of an explosion of a combustible material from one or more312 barrels when held in one hand.313 "Lawfully admitted for permanent residence" means the status of having been lawfully accorded the314 privilege of residing permanently in the United States as an immigrant in accordance with the315 immigration laws, such status not having changed.316 H. The Department of Criminal Justice Services shall promulgate regulations to ensure the identity,317 confidentiality and security of all records and data provided by the Department of State Police pursuant318 to this section.319 I. The provisions of this section shall not apply to (i) transactions between persons who are licensed320 as firearms importers or collectors, manufacturers or dealers pursuant to 18 U.S.C. § 921 et seq.; (ii)321 purchases by or sales to any law-enforcement officer or agent of the United States, the Commonwealth322 or any local government, or any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of323 Chapter 8 of Title 23.1; or (iii) antique firearms, curios or relics.324 J. The provisions of this section shall not apply to restrict purchase, trade or transfer of firearms by a325 resident of Virginia when the resident of Virginia makes such purchase, trade or transfer in another326 state, in which case the laws and regulations of that state and the United States governing the purchase,327 trade or transfer of firearms shall apply. A National Instant Criminal Background Check System (NICS)328 check shall be performed prior to such purchase, trade or transfer of firearms.329 J1. All licensed firearms dealers shall collect a fee of $2 for every transaction for which a criminal330 history record information check is required pursuant to this section, except that a fee of $5 shall be331 collected for every transaction involving an out-of-state resident. Such fee shall be transmitted to the332 Department of State Police by the last day of the month following the sale for deposit in a special fund333 for use by the State Police to offset the cost of conducting criminal history record information checks334 under the provisions of this section.335 K. Any person willfully and intentionally making a materially false statement on the consent form336 required in subsection B or C or on such firearm transaction records as may be required by federal law,337 shall be guilty of a Class 5 felony.338 L. Except as provided in § 18.2-308.2:1, any dealer who willfully and intentionally sells, rents, trades339 or transfers a firearm in violation of this section shall be guilty of a Class 6 felony.340 L1. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or341 otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and342 intentionally aids or abets such person, shall be guilty of a Class 6 felony. This subsection shall not343 apply to a federal law-enforcement officer or a law-enforcement officer as defined in § 9.1-101, in the344 performance of his official duties, or other person under his direct supervision.345 M. Any person who purchases a firearm with the intent to (i) resell or otherwise provide such346 firearm to any person who he knows or has reason to believe is ineligible to purchase or otherwise347 receive from a dealer a firearm for whatever reason or (ii) transport such firearm out of the348 Commonwealth to be resold or otherwise provided to another person who the transferor knows is349 ineligible to purchase or otherwise receive a firearm, shall be guilty of a Class 4 felony and sentenced to350 a mandatory minimum term of imprisonment of one year. However, if the violation of this subsection351 involves such a transfer of more than one firearm, the person shall be sentenced to a mandatory352 minimum term of imprisonment of five years. The prohibitions of this subsection shall not apply to the353 purchase of a firearm by a person for the lawful use, possession, or transport thereof, pursuant to §354 18.2-308.7, by his child, grandchild, or individual for whom he is the legal guardian if such child,355 grandchild, or individual is ineligible, solely because of his age, to purchase a firearm.356 N. Any person who is ineligible to purchase or otherwise receive or possess a firearm in the357 Commonwealth who solicits, employs or assists any person in violating subsection M shall be guilty of358 a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of five years.359 O. Any mandatory minimum sentence imposed under this section shall be served consecutively with360 any other sentence.361 P. All driver's licenses issued on or after July 1, 1994, shall carry a letter designation indicating362 whether the driver's license is an original, duplicate or renewed driver's license.363 Q. Prior to selling, renting, trading, or transferring any firearm owned by the dealer but not in his364 inventory to any other person, a dealer may require such other person to consent to have the dealer365 obtain criminal history record information to determine if such other person is prohibited from366 possessing or transporting a firearm by state or federal law. The Department of State Police shall

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367 establish policies and procedures in accordance with 28 C.F.R. § 25.6 to permit such determinations to368 be made by the Department of State Police, and the processes established for making such369 determinations shall conform to the provisions of this section.370 § 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18;371 penalty.372 It shall be is unlawful for any person under 18 years of age to knowingly and intentionally possess373 or transport a handgun or assault firearm shotgun with a magazine that will hold more than seven374 rounds of the longest ammunition for which it is chambered anywhere in the Commonwealth. For the375 purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed,376 made and intended to fire single or multiple projectiles by means of an explosion of a combustible377 material from one or more barrels when held in one hand and "assault firearm" means any (i)378 semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an379 explosion of a combustible material and is equipped at the time of the offense with a magazine which380 will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a381 silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than382 seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be is383 a Class 1 misdemeanor.384 This section shall not apply to:385 1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of386 his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided387 prior permission, and with the prior permission of his parent or legal guardian if the person has the388 landowner's written permission on his person while on such property;389 2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting390 range or firearms educational class, provided that the weapons are unloaded while being transported;391 3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve,392 provided that the weapons are unloaded while being transported; and393 4. Any person while carrying out his duties in the Armed Forces of the United States or the National394 Guard of this Commonwealth or any other state.395 § 18.2-308.8. Importation, sale, possession, etc., of assault firearms prohibited; penalty.396 A. For the purposes of this section:397 "Assault firearm" means:398 1. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an399 explosion of a combustible material with a fixed magazine capacity in excess of 10 rounds;400 2. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an401 explosion of a combustible material that has the ability to accept a detachable magazine and has one of402 the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes403 conspicuously beneath the action of the rifle; (iii) a thumbhole stock; (iv) a second handgrip or a404 protruding grip that can be held by the non-trigger hand; (v) a bayonet mount; (vi) a grenade launcher;405 (vii) a flare launcher; (viii) a silencer; (ix) a flash suppressor; (x) a muzzle brake; (xi) a muzzle406 compensator; (xii) a threaded barrel capable of accepting (a) a silencer, (b) a flash suppressor, (c) a407 muzzle brake, or (d) a muzzle compensator; or (xiii) any characteristic of like kind as enumerated in408 clauses (i) through (xii);409 3. A semi-automatic center-fire pistol that expels single or multiple projectiles by action of an410 explosion of a combustible material with a fixed magazine capacity in excess of 10 rounds;411 4. A semi-automatic center-fire pistol that expels single or multiple projectiles by action of an412 explosion of a combustible material that has the ability to accept a detachable magazine and has one of413 the following characteristics: (i) a folding or telescoping stock; (ii) a thumbhole stock; (iii) a second414 handgrip or a protruding grip that can be held by the non-trigger hand; (iv) the capacity to accept a415 magazine that attaches to the pistol outside of the pistol grip; (v) a shroud that is attached to, or416 partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the417 non-trigger hand without being burned; (vi) a manufactured weight of 50 ounces or more when the418 pistol is unloaded; (vii) a threaded barrel capable of accepting (a) a silencer, (b) a flash suppressor, (c)419 a barrel extender, or (d) a forward handgrip; or (viii) any characteristic of like kind as enumerated in420 clauses (i) through (vii);421 5. A shotgun with a revolving cylinder that expels single or multiple projectiles by action of an422 explosion of a combustible material; or423 6. A semi-automatic shotgun that expels single or multiple projectiles by action of an explosion of a424 combustible material that has one of the following characteristics: (i) a folding or telescoping stock, (ii)425 a thumbhole stock, (iii) a pistol grip that protrudes conspicuously beneath the action of the shotgun, (iv)426 the ability to accept a detachable magazine, (v) a fixed magazine capacity in excess of seven rounds, or427 (vi) any characteristic of like kind as enumerated in clauses (i) through (v).

INTRODUCED

SB16

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SB16 8 of 8

428 "Assault firearm" includes any part or combination of parts designed or intended to convert, modify,429 or otherwise alter a firearm into an assault firearm, or any combination of parts that may be readily430 assembled into an assault firearm. "Assault firearm" does not include (i) a firearm that has been431 rendered permanently inoperable, (ii) an antique firearm as defined in § 18.2-308.2:2, or (iii) a curio or432 relic as defined in § 18.2-308.2:2.433 B. It shall be is unlawful for any person to import, sell, possess or transfer the following firearms:434 the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like435 kind with a spring tension drum magazine capable of holding twelve shotgun shells, manufacture,436 purchase, possess, or transport an assault firearm. A violation of this section shall be ispunishable as a437 Class 6 felony.438 § 18.2-308.9. Sale, transfer, etc., of certain firearm magazines prohibited; penalty.439 A. Any person who imports, sells, barters, or transfers any firearm magazine that is designed to hold440 more than 10 rounds of ammunition is guilty of a Class 1 misdemeanor.441 B. The provisions of this section shall not apply to (i) the manufacture by, transfer to, or possession442 by the Commonwealth or a department, agency, or political subdivision of the Commonwealth; (ii) the443 transfer to or possession by a law-enforcement officer employed by such an entity for purposes of law444 enforcement; or (iii) the possession by an individual who is retired from service with a law-enforcement445 agency and who is not otherwise prohibited from receiving ammunition transferred to the individual by446 the law-enforcement agency upon his retirement of such firearm magazines.447 2. That the provisions of this act may result in a net increase in periods of imprisonment or448 commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the449 necessary appropriation cannot be determined for periods of imprisonment in state adult450 correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia451 Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to452 § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be453 determined for periods of commitment to the custody of the Department of Juvenile Justice.

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CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Authorize City Manager to execute the Fair Housing Impediments Study regional contract

ISSUE: Required Analysis of Fair Housing Impediment Study due to the United States Department of Housing and Community Development (HUD)

RECOMMENDATION: Approve to authorize City Manager’s signature

TIMING: Approve to authorize on January 14, 2020 BACKGROUND: As a Community Development Block Grant (CDBG) entitlement community, the City is required to complete an Analysis of Fair Housing Impediments Study (AI). The City is collaborating with jurisdictions across Central Virginia to complete the AI. The contract will follow state procurement procedures. The total cost to the City is $5,000 of CDBG funds.

ENCLOSED DOCUMENTS:

Regional AI Cooperative Agreement

STAFF: Tevya W. Griffin, Director of Development


________________________________________________________________________

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Cooperation Agreement

for

Multi-Jurisdictional Analysis of Impediments to Fair Housing Choice

Background and Purpose:

The Fair Housing Act and subsequent laws not only prohibit discrimination but also impose a duty to affirmatively further fair housing on participants in the Community Development Block Grant program and administrators of the federal public housing and/or Housing Choice Voucher programs. The Analysis is intended to inform and guide the participants’ goal setting, priorities,and strategies to fulfill their duty to affirmatively furthering fair housing.

The current HUD Rule to affirmatively further fair housing at 24 CFR § 5.150, was adopted in 2015. The 2015 Rule created the requirement for the development of an “Assessment of Fair Housing” as a replacement for the “Analysis of Impediments to Fair Housing Choice.” HUDsubsequently issued a Notice on January 5, 2018 delaying the “Assessment of Fair Housing” requirement and directing participants to complete the Analysis of Impediments to Fair Housing Choice (AI) instead.

In the Richmond-Petersburg Metropolitan area, the federal program participants required to complete an AI include the Cities of Colonial Heights, Hopewell, Petersburg and Richmond, and the Counties of Chesterfield and Henrico, collectively referred to as Regional Participating Jurisdictions or RPJs.

The RPJs desire to combine their purchasing efforts in order to achieve greater efficiency and cost-savings to all parties; to minimize duplication and maximize efficiency by coordinating their efforts; and to eliminate multiple government solicitations and reduce related expenses. The Richmond Regional Planning District Commission (PlanRVA) has been identified as the party responsible for administering the procurement process on behalf of the Regional Participating Jurisdictions and by execution of this Cooperation Agreement is authorized to act on behalf of the Regional Participating Jurisdictions in developing and publishing a Request for Proposals and coordinating with the Regional Participating Jurisdictions to select the preferred submissions. Upon successful negotiation of a selected vendor, PlanRVA will serve as lead organization for contract oversight and provide administrative support to the Participating Jurisdictions in carrying out the Analysis.

This Cooperation Agreement is intended to specify the rationale and process for the referenced Participating Jurisdictions to cooperatively develop an Analysis of Impediments to Fair Housing Choice that meets the individual requirements for compliance of each Regional Participating Jurisdiction and fulfills the broader objective of promoting cross-jurisdictional cooperation on matters identified in the Analysis that may be addressed jointly.

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1. Regional Participating Jurisdictions

The localities and entities party to this Cooperation Agreement are:

City of Colonial Heights, City of Hopewell,City of Petersburg,City of Richmond,County of Chesterfield, andCounty of Henrico

2. Term

The Term of this Cooperation Agreement is effective on the date of the last signature and effective through the completion of the project, no later than June 30, 2020.

3. Administration and Support

The Regional Participating Jurisdictions agree that the Richmond Regional Planning District Commission (PlanRVA) will be the party responsible for developing and issuing the Request for Proposals and will serve as contract administrator following negotiation. PlanRVA will also be responsible for coordinating all elements of the public comment and input process, including but not limited to coordinating and scheduling meetings, placing advertising and undertaking outreach through social media and other means, working with the RPJs to identify constituencies to be targeted for outreach, and serve as the distributor of notices as needed. PlanRVA will provide basic mapping and demographic and socioeconomic data as available and as needed for the project.PlanRVA will manage this process in accordance with Virginia’s Public Procurement requirements.

PlanRVA will be entitled to recover costs associated with these responsibilities, not to exceed $15,000.

4. Scope of Agreementa. Purpose: The Participating Jurisdictions agree to work cooperatively to develop

the terms of a mutually agreed upon Request for Proposals which will be released and processed by PlanRVA. The Participating Jurisdictions agree that the Analysis will meet all requirements set forth in the Fair Housing Rule released in 2015, and any other HUD guidelines that may apply.

b. Applicable Law: All procurement under this Agreement shall be conducted in accordance with all applicable statutes, ordinance, rules and regulations and policies that govern procurement in the Commonwealth of Virginia.

c. Regional Participating Jurisdiction Representation: Each Regional Participating Jurisdiction will identify a lead staff member responsible for representation

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throughout the project; they should have enough authority to act on behalf of the Participating Jurisdictions on decisions related to content of the Request for Proposals and negotiations as well as decisions related to the completion of the Analysis.

Within thirty (30) days of the execution of this Cooperation Agreement, PlanRVA should receive in writing, designation of such representative with authority granted by the individual signing this Cooperation Agreement. This notice should include the individual’s name, title, and contact information. If, during the term of the project, a Regional Participating Jurisdiction wishes to reassign representation, such notice should be submitted in writing to PlanRVA.

This requirement extends to PlanRVA as well; with expectation of notice provided to all Regional Participating Jurisdictions contact information for lead and support staff members assigned to this project.

d. Contact Information for PlanRVA: Official communication to PlanRVA may be addressed as follows; any change in this information will be provided in writing to all Participating Jurisdictions’ designated representatives with copy to the individual responsible for signing this Cooperation Agreement.

Martha Shickle, Executive Director9211 Forest Hill Avenue, Suite 200Richmond, Virginia [email protected]

e. Assessment Costs and Paymenti. Joint Costs: Regional Participating Jurisdictions agree to share the costs for

the completion of the Analysis including costs related to procuring a vendor as well as the administrative fees of PlanRVA. Together, the budget for these activities is $125,000. Participation in this Cooperation Agreementassures that each Regional Participating Jurisdiction has sufficient budget authority to make payments for the activities related to this Cooperation Agreement.

ii. Share of Total Costs: Each RPJ agrees to share in the cost of the Analysis through an agreed upon methodology. Figures listed in the table below indicate a not to exceed amount agreed upon by each of the Participating Jurisdictions and may not represent the actual contribution made by each. Should the total cost of the project be less than the budget agreed upon herein, the Regional Participating Jurisdictions’ individual shares would be reduced proportionately.

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iii. Methodology for Share of Total Costs: The share of total costs was derived by calculating the percentage of 2018 Census estimated population for each RPJ compared to the total; calculating the percentage of 2019 CDBG entitlement compared to the total; averaging those two percentages andapplying that percentage to the not-to-exceed estimated project cost of $125,000.

Allocation of costs is as follows Petersburg $6,575Hopewell $2,849Colonial Heights $1,914Richmond $47,562Henrico $33,424Chesterfield $32,676

iv. Payment: PlanRVA will request reimbursement for administrative and consultant costs incurred each calendar quarter following execution of this Cooperation Agreement. Requests for Payment will provide a summary of all expenses incurred during the quarter and will be apportioned according to the agreed upon Share of Total Costs.

v. Invoice Content: The Requests for Payment will include, at a minimum:1. Total costs billed by the Consultant2. PlanRVA summary of activity for the period and associated costs;3. Amount due from each Participating Jurisdiction based on the

prorated share described in Section 4.d.ii of this Cooperation Agreement.

vi. Monitoring: PlanRVA will allow the regular monitoring of operation of any services provided pursuant to this Cooperation Agreement by the other Participating Jurisdictions and each Participating Jurisdiction will have the right to conduct periodic on-site monitoring of PlanRVA’s compliance with the terms of the Cooperation Agreement. Monitoring by any Participating Jurisdiction shall be accomplished with as little disruption to the operations of PlanRVA as possible. After any monitoring visit, a written report may be provided if any deficiencies are noted, with provision for correction of such deficiencies within thirty (30) calendar days of receipt of such notice.

5. Retention and Accessibility of Recordsa. PlanRVA: Unless otherwise specified herein, PlanRVA will maintain all fiscal

records and documentation for all expenditures pertaining to this Cooperation Agreement in a readily available state and location until an audit in conformance

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with generally accepted accounting principles and procedures for governmental organizations is completed and all questions arising from it are resolved satisfactorily or for five (5) years as required by HUD.

b. Access: Subject to applicable laws, PlanRVA will give access and rights to examine all books, accounts, records, reports, files and other papers, things or property belonging to or in use by PlanRVA pertaining to this Cooperation Agreement to the Participating Jurisdictions’ authorized representatives at reasonable times and for reasonable periods. These rights to access will continue to be available as long as the records are maintained by PlanRVA.

c. Access/Claimsi. Notice: If there is any incident in which claims are made against any party

or party’s employee, as a result of activities performed under this Cooperation Agreement, the party against whom the claim is made shall give each representative or their designee full and reasonable access to and the right to examine documentation related to this matter at reasonable times and for reasonable periods with these rights to access continuing until all claims are resolved or three years after the termination of this agreement,whichever is later.

ii. Address: the address for notice provided under this Cooperation Agreementshall be delivered either personally or by mail and should be directly sent to the contact information set forth in Section 4.d.

iii. Exclusions: The Participating Jurisdictions agree that the terms of Section 5: Retention and Accessibility of Records, and Section 6: Audit, specifically exclude the required disclosure by any party of confidential information, including attorney work product and/or attorney/client communications.

6. Audit

Except as otherwise provided herein, each party has the right to conduct a financial and compliance audit of the performance of this Cooperation Agreement on an annual basis. PlanRVA agrees to permit any other party or its authorized representative, or any authorized representative of any other governmental agency with a direct interest in this project to audit the records that related to this Cooperation Agreement and to obtain and make available for inspection, audit or reproduction any documents, materials, or information necessary to facilitate such audit.

PlanRVA will take whatever action is necessary to facilitate the performance of any audits conducted pursuant to this Cooperation Agreement. This includes, to the extent such detail will properly reflect, all costs: direct and indirect costs of labor, material, equipment, supplies and services and all other costs and expenses of whatever nature for which reimbursement is claimed under provisions of this Cooperation Agreement or services provide. PlanRVA agrees to provide

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all parties or authorized representatives and representatives from any governmental agency related to grant funds full and complete access to all records related to grant activities as necessary to complete any audits required or requested pursuant to the grant(s)’ terms.

7. Independent Entity and Acknowledgement of Responsibilitiesa. Independent Entities: The parties expressly acknowledge and agree that each is an

independent entity, and each assumes all the rights, obligations, and liabilities applicable to it as an independent entity. No employee of any party shall be considered an employee, agent or representative of any other party or gain any rights against any other party pursuant to any other party’s personnel policies. The relationship of the parties under this agreement is not and shall not be construed or interpreted to be a partnership, joint enterprise or joint venture. No party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other parties or which shall hold itself out to be binding on other parties.

b. Responsibilities: no party shall be liable for any claims, damages or attorney fees rising from any negligence or unlawful acts of any other party or other party’s employees in relation to this agreement. Parties acknowledge that each entity is otherwise responsible for any claims or losses from personal injury or death or property damage that were caused by acts or omissions of that entity, its agents, employees or representatives in the performance of the services and activities under this Cooperation Agreement; and that each entity will be responsible for the handling of the portion of any claim which is based solely on the assertion that a policy of that entity is illegal or unenforceable in any way.

c. Claims Notification: If any claim, or other action, including proceedings before an administrative agency, is made or brought by any person, firm, corporation, or other entity against any party; the party against whom the claim or other action is made shall give written notice to the other parties of the claim, or other action within three (3) working days after being notified of it or the threat of it. Such notice will include the name and address of the person, firm, corporation or other entity that made or threatened to make a claim, or that instituted or threatened to institute any type of action or proceeding; the basis of the claim, action or proceeding; the court or administrative tribunal, if any, where the claim, action, or proceeding was instituted; and the name or names of any person against whom this claim is being made or threatened. This written notice should be given in the manner provided in Section 4.d. except as otherwise directed, the party against whom the claim has been made shall furnish to the other party copies of all pertinent papers received by that party with respect to these claims or actions.

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8. Compliance with Federal Requirements

PlanRVA acknowledges that one or more of the RPJs will be funding their portion of the project using HUD CDBG and/or HOME Program funds. PlanRVA agrees to retain and make accessible all records in accordance with HUD requirements and undertake all components of program administration in accordance with applicable HUD requirements.

9. Termination

Unless otherwise specified, any party has the right to terminate its participation in this Cooperation Agreement, in whole or in part, at any time before the date of termination for the following reasons:

a. During a party’s budget planning and adoption process, a party fails to provide funding for the Cooperation Agreement during the next period;

b. A party fails to comply with any term or condition of this Cooperation Agreement;c. Grant funding upon which services under this agreement are being provided ceases

to be available to any party;d. A party is unable to conform to the changes required by federal, state or local laws

or regulations.

Mutual Termination

The parties have the right to terminate this Cooperation Agreement when the parties agree that the continuation of the activities funded under this Cooperation Agreement would not produce beneficial results commensurate with the further expenditure of funds; provided that all parties agree, in writing, upon the termination conditions, including the effective date of the termination and, in case of partial termination, the portion of the Cooperation Agreement to be terminated.

e. Termination Procedure: in the case of termination based on Section 8.i-iv, and at least thirty (30) days prior to the effective date of termination, the party seeking termination shall notify the other parties of the reasons for termination, the effective date of termination and, in the case of a partial termination, the portion of the Cooperation Agreement to be terminated. In the case of termination based on Section 8.b., if any party defaults in the performance of its obligations under this Cooperation Agreement, an in such default is not cured within thirty (30) calendar days of the receipt of written notice thereof, then the non-defaulting parties shall have the right (in addition to any other rights that it may have) by further written notice to terminate the Cooperation Agreement on any future date that is not less than thirty (30) calendar days from the date of that further notice.

f. Rights Surviving Termination: If any party terminates this Cooperation Agreementin whole or in part, PlanRVA has the right to receive payment for all expenses incurred before the date of termination and not previously paid.

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g. Right to Assurance: Whenever one party to this agreement in good faith has reason to question another party’s intent to perform, the demanding party may demand that the other party provide written assurance of its intent to perform. In the event a demand is made under this Section, and the other party gives no such written assurance within thirty (30) calendar days of receipt of the written notice of such demand, the demanding party may treat this failure as an anticipatory repudiation of this Cooperation Agreement.

10. Miscellaneous Provisionsa. Civil Rights and ADA Compliance: Each party shall provide, or contract to

provide, all services and activities under this Cooperation Agreement in compliance with the Constitutions of the United States and Virginia and with all applicable federal, state and local orders, laws, regulations, rules, policies and certifications governing any activities undertaken during the performance o this agreement including, but not limited to: Title VI of the Civil Rights Act of 1964, as amended; the Rehabilitation Act of 1973; Public Law 93-1122; Section 504 (29 USC Section 794); and the provisions of Americans with Disabilities Act of 1990. No party shall discriminate against any employee, applicant for employment, or client-basedstatus in a protected class.

b. Non-Waiver: no payment, act or omission by a party may constitute or be construed as a waiver of any breach or default of any other party which then exists or may subsequently exist. The failure of any party to exercise any right or privilege granted in this Cooperation Agreement shall not be construed as a waiver of that right or privilege.

c. Reservation of Rights and Remedies: All rights of each party under this agreement are specifically reserved and any payment, act or omission shall not impair or prejudice any remedy or belonging right to each party under it. Any right or remedy in this Cooperation Agreement shall not preclude any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies.

d. Binding Agreement: This Cooperation Agreement shall be binding upon the successors, assigns, administrators, and legal representatives of the parties to this Cooperation Agreement.

e. Entire Agreement: All oral and written agreements between the parties to this Cooperation Agreement relating to the subject matter of this Cooperation Agreement that were made prior to the execution of this Cooperation Agreementhave been reduced to writing and are contained herein.

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f. Law and Venue: This Cooperation Agreement is governed by the laws of the Commonwealth of Virginia. Venue for any dispute arising out of this will lie in the appropriate Courts of the City of Richmond, Virginia.

g. Political Activity: The activities described in this Cooperation Agreement are not intended for use to support political activity.

h. Compliance with Applicable Law: All provisions of this Cooperation Agreement are intended to comply with applicable laws where explicitly stated and not. Omission of reference to an applicable law or requirements is not intended to be a waiver of that law or requirement.

i. Agreement Limitation: The conditions of this Cooperation Agreement are intended to be limited to the scope of this agreement and not intended to be assigned to any other agreement, partnership or understanding among the parties, in part or in whole for another cooperative effort, project or endeavor.

11. Amendmentsa. Written Amendments: Unless specifically provided otherwise herein, any changes

to the terms or any attachments to it shall be made in writing and signed by all parties. It is acknowledged by each party that no officer, agent, employee or representative of any party has any authority to change the terms or any attachments unless expressly granted that authority by that party’s governing body.

b. Submission of Amendment: any party shall submit all requests for alterations, additions or deletions of the terms or any attachment to it to PlanRVA, with a copy to the Representatives, for consideration.

12. Notices:

Any notices required or permitted to be given under this Cooperation Agreement by one party to the others shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth in the Representatives’ contact information provided under Section 4.c.

13. Legal Authority to Enter Agreement

a. Signors: The authorized representative of each Regional Participating Jurisdiction shall be the designated person to sign this Cooperation Agreement.

14. Prohibitionsa. Conflict of Interest: Virginia Conflict of Interest provisions apply to this agreement

and all subsequent agreements referenced or entered into as a result of this

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agreement. Any conflicts of interest should be disclosed to all members of the Cooperation Agreement in accordance with Virginia guidance.

15. Assignability: The terms of this Cooperation Agreement may not be assigned to any other party or topic other than those specifically identified herein.

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Signatures

All signatures below represent acceptance of the terms stipulated in this Cooperation Agreement and a commitment to participate in the project as described herein.

City of Colonial Heights Date

City of Hopewell Date

City of Petersburg Date

City of Richmond Date

County of Chesterfield Date

County of Henrico Date

PlanRVA Date

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CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Modification of Existing Engineering Design Services Contract

ISSUE: City Contract 14-19 was awarded on April 15, 2019 in the amount of $170,447.00 to complete two separate stormwater projects: Hopewell High School-Mathis Park (HHS-Mathis) Stream Restoration (ST003) and City Point Road Outfall (ST004). Both projects have received grant funding and are being designed to qualify for pollutant reductions in accordance with the City’s obligations under the Chesapeake Bay TMDL.

The Stormwater Program identified additional stormwater outfall gully stabilization projects as listed in the FY2020 CIP. Staff is requesting to accelerate the design of two of the outfall gully stabilization projects in order to package them with City Point Road in a single construction RFP. Response from the qualified contractors indicates that the three-project combined RFP will be significantly more attractive to the limited pool of qualified restoration contractors (as compared to a City Point Road single-project RFP).

Staff is seeking an increase of $25,093 above the allowable twenty-five (25) percent increase in order to add two outfall designs for construction in FY 2021 (an increase of $67,604, or 39.7%). Budget is available based on the October 2019 award of $261,203 grant from the Virginia Environmental Endowment. Both projects are expected to be very competitive for Stormwater Local Assistance Fund grants in fall of 2020.

RECOMMENDATION: Staff recommends modification of the contract in the amount of $25,093 above the allowable twenty-five (25) percent increase to perform the additional design.

TIMING: Staff is seeking approval on January 8, 2019 so that the contract modification can be executed and design work started as soon as possible.

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BACKGROUND: Virginia Public Procurement Act § 2.2-4309

ENCLOSED DOCUMENTS:

None

STAFF: Joseph Battiata, P.E., Stormwater Program Manager


________________________________________________________________________

Roll Call

222


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Status of Shiloh Lodge

ISSUE: Staff to provide update on Lodge since purchase by the City. Consider draft work plan and authorize next steps, to include archeological dig, and critical building stabilization efforts

TIMING: Staff requests authorization of the archeological dig, and critical building stabilization BACKGROUND: The Shiloh Lodge was purchased by the City on October 17, 2019. City Staff has created a draft work plan that outlines steps that need to be taken to stabilize the building and site, and conduct an archeology study.

ENCLOSED DOCUMENTS:

Draft work plan Power Point Presentation Carl Lounsbury, Architectural Historian, paper on the history and architecture of the

Shiloh Lodge Brian Townes, Historic Preservation Consultant, Paper on the architecture of the Shiloh

Lodge Todd Hawkes, Building Official, Memo to provide list of emergency repairs

STAFF: Chris Ward, Senior Planner and Tevya W. Griffin, Director, Department of Development


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MOTION:_____________________________________________________________

________________________________________________________________________

Roll Call

224

City Point House, 601 Prince Henry Street, Hopewell, Virginia:

An Architectural Review

Carl Lounsbury, Architectural Historian

August 8, 2019

Introduction

At the invitation of Rita Joyner, a member of the City Point Historic District Architectural Review Board along with city officials including Councilor Deborah Randolph, Tevya Williams Griffin, Director of Development, and Christopher Ward, Senior Planner, I visited the house at 601 Prince Henry Street in Hopewell on Wednesday, August 7, 2019, to provide an quick assessment of it architectural character, age, and condition. The house has been purchased by the city from members of the Shiloh Masonic Lodge, who used it as their meeting place for many years. The city is now exploring what to do with the house but have made no definitive plans. Discussions have ranged widely. One idea is to make it a center of African-American history given its long association with the lodge as well as the history of free black settlement in the area before the Civil War. Other conversations have brought up the possibility of repairing and renting the site for some function allowed under the current TH-1 zoning that permits it use as a single family residence as well as conditional uses for commercial, museum, retail activities and cottage industries such as micro-manufacturing and artisan workshop on the .21 acres of associated with the house.

The House

The two-story frame house at 601 Prince Henry Street was built in the early nineteenth century. Architectural evidence based on construction technology, decorative details, and its original single pile plan, which sits on a high basement suggests that it was originally built between c. 1810 and 1830. Tradition holds that it was part of an earlier tavern that was located on this site. A one-story wing that abutted the northwest gable end of the house was demolished around 1964 and is reputed to have been an earlier tavern located on this site that may date to the early eighteenth century. A photograph taken in the 1940s and reproduced in the “City Point National Historic District” handbook shows a one-story wing to the left that has been identified as part of that colonial tavern though it cannot be verified in the image. In fact the wing is built up against the surviving two-story building and from patches in the northwest exterior chimney, it appears that a fireplace was cut into that chimney to heat a space in the one-story section, which may call into question the age of the lost wing. That photograph also depicts a fragments of a small one-story addition to the southeast gable end, which was also demolished, replaced by the present, two-story, two-bay addition that was erected in the third quarter of the twentieth century when the interior of the main block was also altered by members of Shiloh Lodge to provide a large formal meeting space on the second floor as well as modern bathrooms, kitchen, and staircase.

Diagnostic features that locate the construction of the three-bay, single pile, gable roof house with its two exterior end chimneys to the first quarter of the nineteenth century include the heavy timber frame whose main components are mortised and tenoned. Although most of the

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frame is covered over and I did not get access to the roof framing in the attic, the southeast corner of the house with the corner post and a number of studs are exposed in a small closet in the modern wing. In the cellar the floor joists and sills are visible. These timbers are primarily pine, which were hewn and pit sawn, a traditional method of shaping timbers from the colonial period through the middle of the nineteenth century. The nails that secure the crippled wall studs as well as those that form the wall of two cellar rooms in the northwest end consist of mature cut nails, which came into widespread use in this part of Virginia at the end of the first decade of the nineteenth century. All the surviving split plaster laths are secured with small cut nails. It appears that the walls in the first floor of the house were plastered about the surbase or chairboard (which was replaced by sheetrock probably during the major renovations made by the lodge in the 1950s or 1960s). Below the surbase are horizontal boards which do not appear to be original but modern replacements, perhaps from the same period as the renovations made to the upper wall surfaces. Split lath also survives in many places in the full cellar or basement. They appear on the ceiling and on the walls of the two room partitions noted earlier and are also secured by the same mature cut nails found elsewhere.

The house sits on a high cellar or basement with continuous brick foundations, which unfortunately have bowed in many places, replaced in others by modern brickwork, and completely collapsed along the center of the rear wall. The original bricks are handmade and laid in an irregular 1:3 and 1:4 bond with a v-shaped mortar joint still evident in some places on the exterior despite being whitewashed or painted. The two exterior chimneys, (the southeast one being enclosed by the modern two-bay addition) were laid in the same bonding pattern with the same v joint (much eroded) along with stepped shoulders, all of which are diachronic in nature. By the 1810s and 1820s, the traditional bonding patterns of English (for secondary walls and interiors) and Flemish (principal façade) were being supplanted by bonds of 1:3 or variations on this, that is one row of short headers followed by three rows of longer stretchers before the header course was repeated. The fact that the chimneys are also of this cheaper and increasing common form suggests a period after c. 1820 when it became nearly ubiquitous (though Flemish bond hangs on in Tidewater Virginia for front facades through the 1840s).

The high cellar or basement with a habitable space below stairs starts to appear in the region after around 1810. In many cases these spaces are used as dining rooms because they were cooler in the summer months. The fact that the cellar in the City Point House was plastered on the ceiling and walls and had finish trim (wide wooden architraves around two windows on each of the front and back long walls), had two finished and lit storage closets (buffets for the storage of stemware and plates and other crockery) at one end opposite the small fireplace of the southeast chimney suggests such a function. The small fireplace opening with no evidence of cranes as well as the fine trim would argue against this space being used as a kitchen. The present entrance to the cellar (now enclosed by the 1950s-60s addition on the southeast gable end) appears to have been cut in—the sill was cut back to provide headroom for an enclose cellar cap. The question then is whether there was an interior staircase descending from the main floor beneath the original staircase to the second floor. There is an area where the original floorboards on the main floor do not span the joists, which appears to near the center of the space, where the original staircase may have stood before it was removed by the Lodge renovations in the second half of the twentieth century. Plywood covers this area that may have contained a stair to the cellar at one time. This needs further investigation to verify.

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Despite the renovations made by the lodge, the first and second stories of the City Point House retain much original trim along with most of its early gauged and undercut pine floorboards. Perhaps given the many disturbances, it is amazing that the four original chimneypieces or mantels survive, two downstairs which are more elaborate than the two upstairs, which also indicate the public nature of the main floor rooms and the private nature of the chambers on the second floor. All of them share a typical form of mantels made by joiners in this region in the period roughly dating from 1805 to the mid-1830s. The style is based on neoclassical arrangements of architraves, pilasters, or columns on the sides with a wide frieze above the firebox, sometimes divided into three parts, and surmounted by a molded shelf. All are trimmed out in neoclassical moldings that were common in the area from about 1800 through the early 1840s. The most elaborate mantel is on the ground floor northwest room, which has carved, punched, and gouge work and a dentilated course in the frieze and reeding in the architrave. These enrichments run vertically in parts of the frieze, which is unusual.

Along with the mantels, the door and window architraves are trimmed with neoclassical moldings. These architraves survive in the cellar and on the main floor, but were replaced on the second floor by the masonic lodge repairs. Because they were installed in the most public rooms, the architraves in the two ground-floor rooms are the most elaborate, being double architraves with an extra molding between the backband on the outer edge and the bead at the door or window opening. None of the original sash survive.

The moldings found at 601 Prince Henry Street can be sorted into Roman-derived moldings based on quadrants of circles or Greek moldings based on quadrants of ovals. The Roman moldings found in the mantels and door and window architraves are smaller in scale than those that decorated colonial buildings through much of the eighteenth century. The Greek molding represent a break from colonial architecture detailing and were part of a new wave of design that began with the discovery and recording of ancient Greek architecture by English and European designers in the second half of the eighteenth century. The Greek moldings are usually accompanied by channels at their tangent point of the arc and small half circle “astragals” at the bottom of the molding begin to appear in Virginia in the first decade of the nineteenth century and continue through the 1840s before being displaced by larger Greek moldings that are flatter in arc and are not accompanied by the small astragals. This minutiae of detail provides good dating evidence for the house, anchoring it somewhere in the first quarter of the nineteenth century.

In addition to the moldings, one early door survives though it has been rehung. On the second floor, a six-panel door, raised on one side, was reused to provide the entrance into the ceremonial room of the lodge on the second floor in the southeast corner where the modern wing was added. The door has evidence of patched locks and knobs indicating that it had once hung on the opposite side than it now does. The absence of nail or screw holes on the surface of the outer stiles at the top and bottom indicates that the door was originally hung with butt hinges rather than side hinges more commonly known as H and HL hinges, which were standard in the colonial period but went out of fashion in the first quarter of the nineteenth century.

Because of alterations made in the second half of the twentieth century, what remains unknown about the house is the original configuration of the center passage and staircase. These features were removed as noted above to make more room for a ceremonial chamber on the second floor. However, by peeling away sheetrock and taking up floor coverings in a more

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thorough investigation, evidence of these features should appear that would allow for their reconstruction should that be a goal of the restoration of the house. In the cellar, debris and dirt have obscured evidence for the original flooring. Some such habitable cellar rooms sometimes had raised wooden floorboards but others were paved with brick or tile. Cleaning and archaeology would reveal evidence or fragments of the original flooring.

In conclusion, the City Point House was a very fine single-pile dwelling that was built in the period c. 1815-1830. It probably consisted of two rooms on each floor with a central stair passage. A staircase may have descended into the cellar, which was probably used as a dining room or some other public purpose. The remnants of the original trim indicates that it was a fashionable house, not of the first rank, but far better than most dwellings in this part of Virginia in the early republican era. This analysis was based on a quick walk through of the house and further site investigation, documentary research, and archaeology would reveal the people, the furnishings, functions, and finishes of the house in far greater detail than an hour’s work.

Recommendations

My recommendations can be divided into two categories: 1) conservation work on the house, and 2) research goals. These are made with the understanding that the house needs immediate attention to its deteriorating fabric and that ideas about what to do with the building and what steps need to be taken in order to help clarify the long-term objectives for the house and site should begin sooner rather than later.

Conservation

Once the city takes full legal possession of the property, I would recommend that it immediately take steps to preserve the structure from further deterioration.

1. These include a thorough cleaning out of the building, removing unwanted objects that have been left behind. However, great care should be taken not to get rid of historic building fabric, especially in the cellar where remnants of window architraves and other features have fallen to the floor. These should be identified, labeled, and stored in a secure place for further study or repair and reuse in the building if possible. Whole bricks should also be salvaged and possibly reused in repairs made to the masonry.

2. The building should be examined to make sure there are no active termites and other destructive bugs.

3. All vegetation and grow around the building should be removed to prevent further damage by roots and vines.

4. Water damage should be investigated. All lines should be turned off to prevent running water. Holes and leaks in the roof, walls, and apertures should be sealed to prevent infiltration.

Research Opportunities

Knowing what you want to do at 601 Prince Henry Street depends a great deal on knowing the history of the site and what remains of that history. In order to help inform your decisions about restoration goals and how to proceed, it is not too early to start the following.

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Some cost little money, others will require grants and engaging of outside institutions or specialists.

1. Documentary research. Working with the community, local historians, and possibly with nearby universities and colleges such as Virginia Union, Virginia State, Virginia Commonwealth, and John Tyler Community College as well as other recognized institutions, a research committee should be formed and goals set with research agendas to explore the history of 601 Prince Henry Avenue, City Point, and the surrounding neighborhood from prehistoric to modern times. How has this property changed over time. What was the landscape like before there was European settlement in the early seventeenth century? How did it develop in the colonial and antebellum periods? How was the land used? Was there a colonial tavern here as has been suggested? Was there a free black settlement in the region? How was this place used in the antebellum period, Civil War, and the immediate aftermath during reconstruction? What happened here before the Dupont factory created modern Hopewell at the beginning of World War I? When did the Shiloh Lodge take possession of this place and what did they do here? Interviewing old lodge members seems paramount to document changes made to the building during their occupancy. All these issues can be addressed by different groups—from local historians to undergraduate students to other interested parties. These research questions should be answered sooner rather than later. This is also the opportunity to get locals involved with interviews with lodge members and other members of the community who had knowledge of the site. They may have photographs, maps, etc. that would be very helpful source material.

2. Archaeological research. Before decisions are made about restoring the house or settling on its function, its is paramount to understand what else stood on this property—from the wings that were once attached to the two sides, to any other attachments such as porches or rear appendages to outbuildings. Was there a separate kitchen? This is where it will cost money. It should be raised fairly early to help underwrite the work that could address this questions. A phase one shovel test survey of the entire site will locate potential hot spots. Once located, these can be investigated in more detail and will require a sustained effort. Perhaps engaging a field school of students directed by archaeologists from one of the many nearby universities and colleges would be the best way to go, for this phase as it will supply much labor and save time as well as draw much needed public attention to the project. Check with Elizabeth Moore, the state archaeologist in Richmond, to get an understanding of the procedures and steps necessary to develop a working relationship with an institution. Finally, a phase three—full scale excavation will be necessary of any piece of the property that may be disturbed by future building or changes in the landscape.

3. Document the house. A restoration committee should be formed to help think about approaches to be taken to the documentation and repair of the house an oversee the work. It is often good to have shared goals of preservation rather than having an outside consultant telling the locals what is necessary. Knowing the kind of work that needs to be done will help in hiring the right specialists for this job. You will need individuals who can document the existing building through measured drawings, photography, a detailed inventory of historic fabric, and written historical narrative of the development of the building. Much of this work requires individuals who have a solid understanding of historic building materials of this region from the colonial to the modern era. In addition

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plan to hire a dendrochronologist, who can take cored samples from the framing timbers in order to determine the exact date of the felling of the wood used in its construction. This would provide the level of historical specificity that would be necessary when discussing the history of the building and the events that took place here.

Getting a start on these different kinds of research will help guide the city and those who are deeply interested in the history and preservation of the house in forming the right questions about the ultimate goals for the site.

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Claremont Preservation Consulting - 2019

Claremont Preservation Consulting

Site Visit – November 14, 2019

City Point House / Shiloh Lodge

Hopewell, Virginia 23860

Summary

The subject property is located on Prince Henry Avenue, in Hopewell’s City Point Old and Historic District. According to the National Register nomination, the house is dated to the early 19th century and is listed as a contributing building in this local, State, and National historic district. The site visit was coordinated in order to inspect the building’s current condition and to provide a brief list of recommendations. The site visit was conducted by Bryan Townes, owner of Claremont Preservation Consulting.

Existing Conditions

The two-story wood frame building stands on a level site on the east side of Prince Henry Avenue. The building is positioned on a high basement and is capped with a standing seam metal roof. An exposed end chimney is centered at the north gable end; an interior chimney pierces the roof ridge toward the south. The building is fronted by a single-story three-bay porch with a half-hipped roof. The exterior of the building is clad with composite shingles and the windows are modern wood units with six-over-six sash light designs.

Condition Summary

The building appears to be in fair condition. Elements and materials that exhibit varying degrees of deterioration include:

Exterior

Brick: The brick masonry of the chimneys and the foundation is marked by deteriorating and missing mortar. The central portion of the east foundation wall has collapsed and was patched with salvaged brick and CMU (concrete masonry units). The brick chimneys do not appear to be capped. The north exterior end chimney and portions of the foundation walls have been improperly patched and repointed with modern Portland Cement mortar.

Metal: The standing seam metal roof of the building is characterized by peeling and flaking paint. The condition of the metal flashing at the internal southern chimney is not known.

Wood Cornice: A portion of the gable roof’s east cornice has become unsecured and is deteriorated; this area may also be allowing water intrusion into the building.

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Windows: The windows are modern wood double hung units with metal tracks. The windows are deteriorated, with missing and fragmented glazing, rotted exterior wood sills, broken muntins, and cracked glass.

Doors: The front and rear main floor doors are modern single-leaf units. The doors are poorly secured with modern locking hardware. The west basement door is an older wood paneled unit that is characterized by peeling and flaking paint. The basement door is secured by a small padlock and hasp assembly.

Composite Siding: The exterior siding appears to be in fairly stable condition. Shingles of this period and vintage (mid-20th century) may be asphalt shingles or composites that contain asbestos. Several shingles are missing, revealing that the siding is installed over modern diagonal wood sheathing. One area of historic wood siding remains exposed and visible at the basement level where the modern 1940’s south addition joins the three-bay original section of the building.

Grade: The absence of gutters has created significant troughs in the grade along the east and west sides of the building directly below the eaves of the gable roof. A significant depression in the grade is located under the small modern east stoop. The lower grades along the east and west sides of the building creates areas where water runoff ponds and collects; this water is then absorbed by the porous brick foundation walls and results in the progressive deterioration of the masonry.

Interior

The interior spaces of the building reflect its use and evolution over the years. Several interior walls have been removed due to the building’s use as assembly space. The staircase is modern and is located at the south end of the building. The interior of the building’s two primary floors are generally finished with wood floors and gypsum board walls and ceilings. The first floor north room is finished with modern wood wall paneling.

Deterioration due to water infiltration is evident in the second floor restroom at the east side. The chimneys do not appear to be capped, and water intrusion may be damaging the internal structure and fireboxes.

Recommendations

These recommendations are based on observations made during a brief site visit on November 14 and may not constitute the full extent of the deterioration and issues affecting the historic structure. These recommendations are not meant to replace a full and thorough site analysis and condition assessment.

Immediate Priority

Locks: Re-key the exiting locks and/or replace the locks with new secure units. Replace the deteriorated basement door with a new door to provide a secure assembly. Store the existing basement door until its condition and age can be determined.

East Foundation Wall: The east foundation wall that has collapsed should be addressed, as this is a severe structural deficiency and threatens the stability and safety of the structure. The area was patched with salvaged masonry, but it is unknown if this repair is structural in nature and encompasses the necessary footings for support. The foundation wall must be repaired in order to prevent further damage; in the

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interim, structural support framing should be installed at the basement level to shore and brace the sill beam and floor joists in this area.

Termite Damage: The floor joists and sill beams that are visible in the basement have sustained varying degrees of termite damage. Areas of repairs are visible, but the full framing assembly should be inspected to determine the full extent of the damage. The building should be treated for all boring insects and repairs should be made as needed.

Wood Cornice – the damaged portion of the building’s east cornice should be repaired or replaced as necessary.

Short Term Priority

Windows: The windows are severely deteriorated. “Mothballing” the structure and securing the windows with plywood panels is one way to safeguard the structure. However, the appearance that this method will give the building may not be acceptable to the neighborhood; therefore, if the full rehabilitation is planned to be in the distant future, the existing windows should be repaired. Deteriorated wood sill and sash elements should be repaired, broken glass replaced, and the windows should be re-glazed with new glazing putty. Following repair, the windows should be primed and painted.

Metal Roof: The standing seam roof of the building appears to be in fair condition. The roof should be inspected by a professional roofer with experience in dealing with historic standing seam metal roofs. Following any repairs, the roof should be cleaned, primed and repainted.

Gutters and Downspouts: The absence of gutters has contributed greatly to the deterioration of the building’s foundation and the high moisture levels in the basement. The addition of new metal gutters and downspouts will allow the water to be directed away from the foundation walls and will aid in the long-term preservation of the building.

Exterior Brick Masonry: The brick masonry that characterizes the building’s foundation and chimneys should be repaired and repointed as part of the building’s overall rehabilitation and restoration. Areas of severely deteriorated and missing mortar should be repaired as soon as possible; continued water infiltration into these areas will increase damage to the bricks and any remaining sound mortar through the cycles of freeze/thaw. Areas of painted masonry should not be repainted, as the paint acts as a sealer that traps moisture in the brick.

Chimney Caps: The chimneys should be sealed with ventilated caps to prevent water infiltration and access by animals and birds. The caps should be installed in such a way as to be removable periodically for inspection, cleaning, and maintenance.

Exterior Grade: The low areas in the grade adjacent to the building should be filled and graded to provide positive drainage away from the building.

Exterior Siding: The exterior siding should be tested to determine its composition. Areas where the shingle siding is missing should be covered in order to protect the underlying wood framing and sheathing.

Long Term Priority

A Preservation Plan should be prepared in order to fully analyze the building and its existing condition, as well as laying out a plan for maintenance and rehabilitation.

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A Historic Structure Report should be prepared for the site. The report should include HABS-level measured drawings and a landscape preservation plan.

The basement should be cleared of the accumulated debris. Removal should be supervised by archaeologists and architectural historians in order to ensure that artifacts are preserved and carefully recorded during the process.

A security system should be installed to secure the building and provide protection. As an unoccupied building, it is essential that this important resource is carefully monitored to prevent loss due to theft, vandalism, or arson (this recommendation can also be included in the short term priorities).

Prepared by Bryan Townes, Historic Preservation Consultant, November 24, 2019

Disclaimer

This Statement has been prepared based on the site visit noted above and is not meant to provide guarantees or assurances. This Statement reflects only the opinion of the Author.

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REPORTS OF THE

CITY COUNCIL • COMMITTEES

• INDIVIDUAL REQUEST • ANY OTHER COUNCILOR


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Request for City Council to direct the City Manager provide City Council with the status of uncollected funds within the City of Hopewell prior to providing City Council with any recommendation to raise taxes or fees within the City for the upcoming budget cycle. In additional, final determination if the City and require all vendors the City has contracts with to have all of their taxes/fees paid in full prior to be eligible to do business with City; to include rental/real estate companies – require taxes/fees paid in full prior to receiving permits.

Request for City Council to direct the City Manager

ISSUE: The Mayor requested the following information on December 19, 2019 and was unable to obtain the data.

1. Wastwater (Water Renewal) uncollected bill amounts (write offs) (individual/business) 2. Data Integrators uncollected bill amounts (individual/business) 3. Uncollected taxes (real estate/personal property) 4. Trash uncollected bill amounts (write offs) (individual/business) 5. Audit reports/schedules with write-offs 6. Industry payments for Wastewater (Water Renewal) for the last 3 years 7. Total value of funding that could not be reconciled for the audit - City Funds/Accounts 8. Total value of funding that did not have backup docs/not approved - City

Funds/Accounts 9. Status of money approached to support Wastewater Grant when DEQ required the City

to have a reserve of funding approx.. of $575,000. *new

Prior to the City Council supporting any recommendation to increase taxes or fees, we must know how much funds has not been collected as projected. Additionally, we must identify why

251


funds are not being collected such as contract amendments, staffing, etc. and address those issues immediately before placing the burden on residents to pay to fix errors.

RECOMMENDATION: City Council direct the City Manager to complete task by a specific date.

TIMING: Immediately BACKGROUND:

ENCLOSED DOCUMENTS:

STAFF: Mayor Gore


________________________________________________________________________

Roll Call

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Chapter 20 - LICENSES[1]

Footnotes:

--- (1) ---

Charter reference— Authority of city to raise revenue by annual licenses, Ch. II, § 2.

Cross reference— Dog licenses, § 6-46 et seq.; license for closing-out sales of certain goods, § 30-36 et seq.; license for fire, etc., sales, § 30-96 et seq.; taxation, Ch. 34.

State Law reference— Licenses generally, Code of Virginia, § 58.1-3700 et seq.; city license taxes, §§ 58.1-3702—58.1-3706.

ARTICLE I. - IN GENERAL

Sec. 20-1. - Definitions.

For the purposes of this chapter, unless otherwise required by the context:

Affiliated group means:

(1) One (1) or more chains of corporations subject to inclusion connected through stock ownership with a common parent corporation which is a corporation subject to inclusion if:

a. Stock possessing at least eighty (80) percent of the voting power of all classes of stock and at least eighty (80) percent of each class of the nonvoting stock of each of the corporations subject to inclusion, except the common parent corporation, is owned directly by one (1) or more of the other corporations subject to inclusion; and

b. The common parent corporation directly owns stock possessing at least eighty (80) percent of the voting power of all classes of stock and at least eighty (80) percent of each class of the nonvoting stock of at least one (1) of the other corporations subject to inclusion. As used in this subdivision, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends. The phrase "corporation subject to inclusion" means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts" includes gross receipts and gross income.

(2) Two (2) or more corporations if five (5) or fewer persons who are individuals, estates or trusts own stock possessing:

a. At least eighty (80) percent of the total combined voting power of all classes of stock entitled to vote or at least eighty (80) percent of the total value of shares of all classes of the stock of each corporation; and

b. More than fifty (50) percent of the total combined voting power of all classes of stock entitled to vote or more than fifty (50) percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation.

When one (1) or more of the corporations subject to inclusion, including the common parent corporation, is a nonstock corporation, the term "stock" as used in this subdivision shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context.

Assessment means a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered to the taxpayer

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by the assessing official or an employee of the assessing official, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return or the payment of tax, as the case may be.

Assessor or assessing official means the commissioner of the revenue of the city.

Base year means the calendar year preceding the license year, except for contractors subject to the provisions of section 58.1-3715 of the Code of Virginia.

Business means a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one (1) business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business; or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business.

Contractor shall have the meaning prescribed in section 58.1-3714 (B) of the Code of Virginia, as amended, whether such work is done or offered to be done by day labor, general contract or subcontract.

Definite place of business means an office or a location at which occurs a regular and continuous course of dealing for thirty (30) consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere and the person is not subject to licensure as a peddler or itinerant merchant.

Direct seller means any person who: (i) engages in the trade or business of selling or soliciting the sale of consumer products primarily in private residences and maintains no public location for the conduct of such business; and (ii) receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales-oriented services, rather than to the number of hours worked; and (iii) performs such activities pursuant to a written contract between such person and the person for whom the activities are performed and such contract provides that such person will not be treated as an employee with respect to such activities for federal tax purposes.

Financial services means the buying, selling, handling, managing, investing, and providing of advice regarding money, credit, securities, or other investments and shall include the service for compensation by a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange, unless such service is otherwise provided for in this chapter.

Broker means an agent of a buyer or a seller who buys or sells stocks, bonds, commodities, or services, usually on a commission basis.

Commodity means staples such as wool, cotton, etc. which are traded on a commodity exchange and on which there is trading in futures.

Dealer for purposes of this chapter means any person engaged in the business of buying and selling securities for his own account, but does not include a bank, or any person insofar as he buys or sells securities for his own account, either individually or in some fiduciary capacity, but not as part of a regular business.

Security for purposes of this chapter shall have the same meaning as in the Code of Virginia, Securities Act (§ 13.1-501 et seq.) or in similar laws of the United States regulating the sale of securities.

Those engaged in rendering financial services include, but without limitation, the following:

Buying installment receivables

Chattel mortgage financing

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Consumer financing

Credit card services

Credit unions

Factors

Financing accounts receivable

Industrial loan companies

Installment financing

Inventory financing

Loan or mortgage brokers

Loan or mortgage companies

Safety deposit box companies

Security and commodity brokers and services

Stockbroker

Working capital financing

Gross receipts means the whole, entire, total receipts attributable to the licensed privilege, without deduction, except as may be limited by the provisions of Code of Virginia, chapter 37 of title 58.1.

Itinerant merchant means a person who engages in, does, or transacts any temporary or transient business and who, for the purpose of carrying on such business, occupies any location for a period of less than one (1) year.

License year means the calendar year for which a license is issued for the privilege of engaging in business.

Peddler means a person who carries from place to place any goods, wares or merchandise and sells or offers to sell or barter the same.

Peddler at wholesale means a person, firm or corporation who or which sells or offers to sell goods, wares or merchandise to licensed dealers, other than at a definite place of business operated by the seller, and at the time of such sale or exposure for sale delivers, or offers to deliver, the goods, wares or merchandise to the buyer. Any delivery made on the day of sale shall be construed as delivery at the time of sale.

Personal services means rendering for compensation any repair, personal, business or other services not specifically classified as "financial, real estate or professional service" under this chapter, or rendered in any other business or occupation not specifically classified in this chapter unless exempted from local license tax by Code of Virginia, title 58.1.

Professional services means services performed by architects, attorneys-at-law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Virginia Department of Taxation may list in the BPOL guidelines promulgated pursuant to Code of Virginia, § 58.1-3701. The department shall identify and list each occupation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specialized instruction and study is used by its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or

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science founded on it. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit.

Purchases means all goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesaler or wholesale merchant and sold or offered for sale. A wholesaler or wholesale merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine the cost of manufacture or chooses not to disclose the cost of manufacture.

Real estate services means rendering a service for compensation with respect to the purchase, sale, lease, rental, or appraisal of real property, unless the service is otherwise specifically provided for in this chapter, and such services include, but are not limited to, the following:

Appraisers of real estate

Escrow agents, real estate

Fiduciaries, real estate

Lessors of real property

Real estate agents, brokers and managers

Real estate selling agents

Rental agents for real estate

Retailer or retail merchant means any person or merchant who sells goods, wares and merchandise for use or consumption by the purchaser or for any purpose other than resale by the purchaser, but does not include sales at wholesale to institutional, commercial and industrial users.

Services means things purchased by a customer which do not have physical characteristics, or which are not goods, wares, or merchandise.

Wholesaler or wholesale merchant shall mean any person or merchant who sells wares and merchandise for resale by the purchaser, including sales when the goods, wares and merchandise will be incorporated into goods and services for sale, and also includes sales to institutional, commercial and industrial users which because of the quantity, price, or other terms indicate that they are consistent with sales at wholesale.

(Ord. No. 96-33, § C, 11-12-96)

Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, by title, repealed former § 20-1 which defined "gross receipts". Such section bore no history note. Provisions designated herein as § 20-1 were derived from Ord. No. 96-33, C.

Sec. 20-2. - Adoption of state law.

(a) As to all questions in regard to the duty and conduct of the officers of the city in collecting and enforcing the taxes imposed under this chapter, and in regard to questions of construction and for definition of terms used in this chapter, and the rules and regulations applicable to putting same in operation, reference is hereby made to the provisions of title 58.1, Code of Virginia, for the assessment, levy and collection of taxes for the current year, or to so much thereof as is applicable to this chapter and is not inconsistent with it and the other ordinances of the city. For the conduct and guidance of the officers of the city and other parties affected by this chapter and for fixing their

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powers, rights, duties and obligations, the provisions of title 58.1, Code of Virginia, so far as applicable, are hereby adopted without being specifically herein quoted.

(b) The definition of the various businesses, occupations, trades or professions provided for in this chapter shall be and hereby are defined to be the same as the definitions given in Code of Virginia, title 58.1, unless otherwise defined herein, and all constructions of same by the state tax commissioner shall have equal force to this chapter.

(Code 1963, § 21-21; Ord. No. 96-31, 11-12-96)

Sec. 20-3. - Enforcement of chapter generally.

(a) The city manager shall require the chief of police and every member of the police department of the city to enforce this chapter. It shall be the duty of the chief of police and of every member of the police department to check whether all new business or professional men commencing any business, employment or profession in the city have complied with the provisions of this chapter.

(b) It shall be the duty of the commissioner of revenue to report every person, known to him, who shall commence to prosecute any licensable business, employment or profession without a license or who shall unlawfully fail for a longer period than one month to obtain a new license, to the city attorney, who shall cause warrants to be issued for such persons and shall prosecute them.

(Code 1963, §§ 21-19, 21-20)

Sec. 20-4. - Construction of chapter; interstate commerce; obstruction of public ways; nuisances.

(a) Nothing in this chapter shall be construed as imposing a license tax on or otherwise regulating or restricting interstate commerce. Any business or portion thereof embraced in the term "interstate commerce" is not made subject to a license by this chapter.

(b) Nothing in this chapter shall be construed as giving the right to any person to obstruct sidewalks, streets or other public places or to commit or maintain a nuisance.

(Code 1963, §§ 21-17, 21-18)

Sec. 20-4.5. - Overriding conflicting ordinances.

Except as may be otherwise provided by the laws of the Commonwealth of Virginia, and notwithstanding any other current ordinances or resolutions enacted by this council, whether or not compiled in the Code of this city, to the extent of any conflict, the provisions of this chapter shall be applicable to the levy, assessment, and collection of licenses required and taxes imposed on businesses, trades, professions and callings and upon the persons, firms and corporations engaged therein within the city.

(Ord. No. 96-33, § A, 11-12-96)

Editor's note— Ord. No. 96-33, § A, did not specify manner of codification, but has been designated by the editor as § 20-4.5.

Sec. 20-5. - Engaging in business without license; penalty.

(a) Whenever a license is required by this chapter, and whenever this Code imposes a license fee or levies a license tax on a business, employment or profession, it shall be unlawful to engage in such

257

business, employment or profession without first obtaining the required license. Any person who engages in a business without obtaining a license required by this chapter, or after being refused such license, shall not be relieved of the tax imposed by this chapter.

(b) If any person shall:

(1) Commence to prosecute any business, trade, occupation, employment or profession in the city without obtaining a license required by this chapter; or

(2) Continue a business, trade, occupation, employment or profession in the city after the expiration of a license previously issued under this chapter without obtaining a new license or a renewal of the expired license,

he shall be guilty of a Class 3 misdemeanor.

(Code 1963, § 21-1; Ord. No. 96-33, § B, 11-12-96)

Editor's note— Ord. No. 96-33, by title repealed § 20-5(a). Sec. B of such ordinance has been codified as § 20-5(a) by the editor.

Sec. 20-6. - License requirement.

(a) Every person engaging in this city in any business, trade, profession, occupation or calling (collectively hereinafter "a business") as defined in this chapter, unless otherwise exempted by law, shall apply for a license for each such business if (i) the person has a definite place of business in this city; (ii) there is no definite place of business anywhere and the person resides in this city; or (iii) there is no definite place of business in this city but the person operates amusement machines or is classified as a peddler or itinerant merchant, carnival or circus as specified in Code of Virginia, §§ 58.1-3717, 3718, or 3728, respectively, or is a contractor subject to Code of Virginia, § 58.1-3715, or is a public service corporation subject to Code of Virginia, § 58.1-3731. A separate license shall be required for each definite place of business and for each business. A person engaged in two (2) or more businesses or professions carried on at the same place of business may elect to obtain one (1) license for all such businesses and professions if all of the following criteria are satisfied: (i) each business or profession is subject to licensure at the location and has satisfied any requirements imposed by state law or other provisions of the ordinances of this city; (ii) all of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and (iii) the taxpayer agrees to supply such information as the assessor may require concerning the nature of the several businesses and their gross receipts.

(b) Reserved.

(c) Reserved.

(d) In computing the amount of license tax due, the commissioner of the revenue shall round all amounts to the nearest dollar; that is, all amounts of forty-nine cents ($0.49) or less shall be rounded down and all amounts of fifty cents ($0.50) or more shall be rounded up.

(Ord. No. 87-17, 6-23-87; Ord. No. 94-36, 11-2-94; Ord. No. 96-33, § D, 11-12-96)

Editor's note— Ord. No. 96-33, by title repealed § 20-6(a)—(c). Sec. D of such ordinance was designated by the editor as § 20-6(a). See also the editor's note following § 20-7.

Sec. 20-7. - Due dates; late payment penalties and interest.

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(a) Each person subject to a license tax under this chapter shall apply for a license prior to beginning business if he was not subject to licensure in this city on or before January 1 of the license year, or no later than March 1 of the current license year if he had been issued a license for the preceding license year. The application shall be on forms prescribed by the assessing official.

(b) The tax shall be paid with the application in the case of any license not based on gross receipts. If the tax is measured by the gross receipts of the business, the tax shall be paid on or before March 31. Semiannual payments for license taxes shall be authorized pursuant to section 20-19.

(c) The assessing official may grant an extension of time, not to exceed ninety (90) days, in which to file an application for a license, for reasonable cause. The extension may be conditioned upon the timely payment of a reasonable estimate of the appropriate tax, subject to adjustment to the correct tax at the end of the extension together with interest from the due date until the date paid and, if the estimate submitted with the extension is found to be unreasonable under the circumstances, a penalty of ten (10) percent of the portion paid after the due date.

(d) A penalty of ten (10) percent of the tax may be imposed upon the failure to file an application or the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the assessing official if both the application and payment are late; however, both penalties may be assessed if the assessing official determines that the taxpayer has a history of noncompliance. In the case of an assessment of additional tax made by the assessing official, if the application and, if applicable, the return were made in good faith and the understatement of the tax was not due to any fraud or reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of tax by the assessing official is not paid within thirty (30) days, the treasurer may impose a ten (10) percent late payment penalty. The penalties shall not be imposed, or if imposed, shall be abated by the official who assessed them, if the failure to file or pay was not the fault of the taxpayer. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control.

"Acted responsibly" means that: (i) the taxpayer exercised the level of reasonable care that a prudent person would exercise under the circumstances in determining the filing obligations for the business, and (ii) the taxpayer undertook significant steps to avoid or mitigate the failure, such as requesting appropriate extensions (where applicable), attempting to prevent a foreseeable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the failure discovered.

"Events beyond the taxpayer's control" include, but are not limited to, the unavailability of records due to fire or other casualty; the unavoidable absence (e.g., due to death or serious illness) of the person with the sole responsibility for tax compliance; or the taxpayer's reasonable reliance in good faith upon erroneous written information from the assessing official, who was aware of the relevant facts relating to the taxpayer's business when he provided the erroneous information.

(e) Any person failing to make the application required by this section shall be guilty of a Class 4 misdemeanor.

(f) It shall be the duty of the commissioner of the revenue to keep a record of all applications filed under this section.

(g) Interest shall be charged on the late payment of the tax from the due date until the date paid without regard to fault or other reason for the late payment. Whenever an assessment of additional or omitted tax by the assessing official is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded together with interest on the refund from the date of payment or the due date, whichever is later. Interest shall be paid on the refund of any tax paid under this chapter from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at the same rate charged under Code of Virginia, § 58.1-3916.

No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year. No interest shall be paid on a refund or charged on a late payment in event of such

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adjustment, provided the refund or the late payment is made not more than thirty (30) days from (i) the date of the payment that created the refund, or (ii) the due date of the tax, whichever is later.

(Ord. No. 96-33, § E, 11-12-96)

Editor's note— At the request of the city, provisions formerly designated as § 20-6(d) and (e) were redesignated as § 20-7(e) and (f), and § 20-7(e) was redesignated as (g). See also the editor's note following § 20-10.

Sec. 20-8. - Situs of gross receipts.

(a) General rule. Whenever the tax imposed by this chapter is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a privilege subject to licensure at a definite place of business within this city. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed, or controlled. The situs of gross receipts for different classifications of business shall be attributed to one (1) or more definite places of business or offices as follows:

(1) The gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of business, then the definite place of business from which his services are directed or controlled, unless the contractor is subject to the provisions of Code of Virginia, § 58.1-3715.

(2) The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in two or more localities and who is subject to multiple taxation because the localities use different measures, may apply to the department of taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality.

(3) The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or, if the property is not rented from any definite place of business, then the definite place of business at which the rental of such property is managed.

(4) The gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then the definite place of business from which the services are directed or controlled.

(b) Apportionment. If the licensee has more than one definite place of business and it is impractical or impossible to determine to which definite place of business gross receipts should be attributed under the general rule and the affected jurisdictions are unable to reach an apportionment agreement, except as to circumstances set forth in § 58.1-3709 of the Code of Virginia, the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the applicable general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business in another jurisdiction shall not be attributed to this city solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction.

(c) Agreements. The assessor may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of

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business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one (1) or more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has resulted in, or is likely to result in, taxes on more than one hundred (100) percent of its gross receipts from all locations in the affected jurisdictions, the assessor shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved.

(Ord. No. 96-33, § F, 11-12-96)

Note— See the editor's note following § 20-10.

Sec. 20-9. - Limitations and extensions.

(a) Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this chapter, both the assessing official and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

(b) Notwithstanding Code of Virginia, § 58.1-3903, the assessing official shall assess the local license tax omitted because of fraud or failure to apply for a license for the current license year and the six (6) preceding license years.

(c) The period for collecting any local license tax shall not expire prior to the period specified in Code of Virginia, § 58.1-3940, two (2) years after the date of assessment if the period for assessment has been extended pursuant to this subdivision of this chapter, two (2) years after the final determination of an appeal for which collection has been stayed pursuant to section 20-10(b) or (d) of this chapter, or two (2) years after the final decision in a court application pursuant to Code of Virginia, § 58.1-3984 or similar law for which collection has been stayed, whichever is later.

(Ord. No. 96-33, § G, 11-12-96)

Sec. 20-10. - Appeals and rulings.

(a) Any person assessed with a local license tax as a result of an audit may apply within ninety (90) days from the date of such assessment to the assessor for a correction of the assessment. The application must be filed in good faith and sufficiently identify the taxpayer, audit period, remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The assessor may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, a further audit, or other evidence deemed necessary for a proper and equitable determination of the application. The assessment shall be deemed prima facie correct. The assessor shall undertake a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth its position. Every assessment pursuant to an audit shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be followed in this city (e.g., the name and address to which an application should be directed).

(b) Provided a timely and complete application is made, collection activity shall be suspended until a final determination is issued by the assessor, unless the assessor determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 20-7(g) of this chapter, but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" includes a finding that the application is frivolous, or that a taxpayer desires to

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(i) depart quickly from the locality, (ii) remove his property therefrom, (iii) conceal himself or his property therein, or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question.

(c) Any person assessed with a local license tax as a result of an audit may apply within ninety (90) days of the determination by the assessing official on an application pursuant to subsection (a) of this section for a correction of such assessment. The tax commissioner shall issue a determination to the taxpayer within ninety (90) days of receipt of the taxpayer's application, unless the taxpayer and the assessing official are notified that a longer period will be required. The application shall be treated as an application pursuant to Code of Virginia, § 58.1-1821, and the tax commissioner may issue an order correcting such assessment pursuant to Code of Virginia, § 58.1-1822. Following such an order, either the taxpayer or the assessing official may apply to the appropriate circuit court pursuant to Code of Virginia, § 58.1-3984. However, the burden shall be on the party making the application to show that the ruling of the tax commissioner is erroneous. Neither the tax commissioner nor the department of taxation shall be made a party to an application to correct an assessment merely because the tax commissioner has ruled on it.

(d) On receipt of a notice of intent to file an appeal to the tax commissioner under subsection (c) of this section, the assessing official shall further suspend collection activity until a final determination is issued by the tax commissioner, unless the assessor determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of subsection (g) of section 20-7, but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in subsection (b) of this section.

(e) Any taxpayer may request a written ruling regarding the application of the tax to a specific situation from the assessor. Any person requesting such a ruling must provide all the relevant facts for the situation and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law, a court decision, or the guidelines issued by the department of taxation upon which the ruling was based, or (ii) the assessor notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect.

(Ord. No. 96-33, § H, 11-12-96)

Editor's note— Ord. No. 96-33, by title repealed former §§ 20-7—20-10, state forms, penalty and interest for late payment of tax, advertising of business and separate license for each place and class of business. Secs. E—H of such ordinance have been designated as §§ 20-7—20-10, by the editor.

Sec. 20-11. - Failure to file statements.

If any person subject to the payment of a license tax required under this chapter shall fail or refuse to file the statements required by this chapter, he shall be guilty of a Class 3 misdemeanor.

(Code 1963, § 21-5)

Sec. 20-12. - False statements in affidavits.

If any person subject to the payment of a license tax required under this chapter shall make any false statement in the affidavit required by this chapter, he shall be guilty of a Class 3 misdemeanor.

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(Code 1963, § 21-6)

Sec. 20-13. - Propounding interrogatories to applicant.

As one of the means of ascertaining the amount of any license tax, the commissioner of the revenue may propound interrogatories to each applicant under the provisions of this chapter and use such other evidence as he may procure. Such interrogatories shall be answered under oath. Any applicant refusing to answer such interrogatories under oath shall be guilty of a Class 4 misdemeanor.

(Code 1963, § 21-7)

Sec. 20-14. - Estimates to determine tax for beginners, etc.

(a) For the purpose of ascertaining the license tax to be paid by any person beginning a new business, employment or profession, and whose license tax is based on gross receipts, gross sales, gross purchases, gross commissions, gross contracts or orders, the licensee shall estimate the basis for measuring the license tax between the date of issuance of the license and the thirty-first of December following.

(b) The license tax of every person who was licensed at a definite place of business within the city for only a part of the next preceding license year shall be computed for the then current license year on the basis of an estimate of the amount of gross receipts, gross sales or gross purchases which the licensee will make throughout the then current license year, except that any commission merchant or wholesale merchandise broker shall be licensed on the basis of gross commissions of the next preceding license year or any parts thereof.

(c) Every underestimate under this section shall be subject to correction by the commissioner of the revenue, whose duty it shall be to assess such licensee with such additional taxes as may be found to be due after the close of the license year on the basis of gross receipts, gross sales, gross purchases, gross commissions or gross contracts or orders. In case of overestimate, the commissioner of the revenue shall order a refund in the amount of the overpaid tax.

Sec. 20-14.5. - Exclusions and deductions from "gross receipts".

(a) General rule. Gross receipts for license tax purposes shall not include any amount not derived from the exercise of the licensed privilege to engage in a business or profession in the ordinary course of business.

(b) The following items shall be excluded from gross receipts:

(1) Amounts received and paid to the United States, the commonwealth or any county, city or town for the Virginia retail sales or use tax, for any local sales tax or any local excise tax on cigarettes, or for any federal or state excise taxes on motor fuels.

(2) Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business).

(3) Any amount representing returns and allowances granted by the business to its customer.

(4) Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.

(5) Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset.

(6) Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration of

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the sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive.

(7) Withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes.

(8) Investment income not directly related to the privilege exercised by a business subject to licensure not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business.

(9) Any trade-in accepted by a motor vehicle dealer as part of the sale of a motor vehicle.

(10) License and admission taxes established under Code of Virginia, §§ 59.1-392 and 59.1-393, respectively, or pari-mutuel wagering pools as established under Code of Virginia, § 59.1-392.

(11) Amounts received by any real estate broker which arise from real estate sales transactions to the extent such amounts are paid to a real estate agent as a commission on any real estate sales transaction and the agent is subject to the business license tax on such receipts. The broker claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, and the jurisdiction in the Commonwealth of Virginia to which the agent is subject to business license taxes.

(c) The following shall be deducted from gross receipts or gross purchases that would otherwise be taxable:

(1) Any amount paid for computer hardware and software that are sold to a United States federal or state government entity provided that such property was purchased within two (2) years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time of purchase to resell such property to a state or federal government entity. This deduction shall not occur until the time of resale and shall apply to only the original cost of the property and not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a state or federal government entity in accordance with the original contract obligation.

(2) Any receipts attributable to business conducted in another state or foreign country in which the taxpayer is liable for an income or other tax based upon income.

(Ord. No. 96-33, § J, 11-12-96)

Editor's note— Sec. J of Ord. No. 96-33, was codified by the editor as § 20-14.5.

Sec. 20-15. - Allowances for freight and other deductible items in computing tax.

In computing license taxes on merchants and others under this chapter, an allowance for freight and other deductible items shall be made in all cases where the state tax code provides that the same shall be allowed in computing state license taxes on merchants and others, and such allowance shall be on the same basis as that provided by the state tax code for state license taxes. No such deductions shall be allowed, unless gross receipts or other basis is reported and deductions itemized.

Sec. 20-16. - Assessment of tax and issuance of license generally.

The commissioner of revenue shall assess each applicant for a license or other person of whom a license is required by this chapter with the license tax required by this chapter, and shall issue a license,

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signed by the commissioner, to prosecute the business, employment, profession or thing to be done therein named, which license shall not be valid or effective unless and until the tax required shall be paid to the city treasurer, as collector of city taxes and levies, and such payment shall be shown on the license.

Sec. 20-17. - Reserved.

Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, by title repealed § 20-17, assessment of additional tax.

Sec. 20-18. - Proration of license taxes.

No license tax based upon gross receipts shall be imposed upon any business, trade, profession, occupation or calling, or upon any person, firm or corporation for any fraction of a year during which such person, firm or corporation has permanently ceased to engage in such business, trade, profession, occupation or calling within the city. In the event a person, firm or corporation ceases to engage in a business, trade, profession or calling within the city during a year for which a license tax based on gross receipts has already been paid, the taxpayer shall be entitled, upon application, to a refund for that portion of the license tax already paid, prorated on a monthly basis so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is exercised within the city. Any refund due under this section shall be offset against any amount of past-due taxes owed by the same taxpayer. No flat fee or flat tax shall be subject to refund.

(Ord. No. 96-33, § L, 11-12-96)

Editor's note— Ord. No. 96-33, by title, repealed former § 20-18, Proration of tax, generally. Sec. L of such ordinance has been designated by the editor as § 20-18.

Sec. 20-19. - Semiannual payment of tax; retention of written license document; issuance of receipt; display of receipt; etc.

The requirements relative to the semiannual payment of license taxes shall be as follows:

(1) The city treasurer shall accept semiannual payments from any person to whom a city license has been or may be issued by the commissioner of the revenue, where the total amount of the license tax in question aggregates five hundred dollars ($500.00) or more. The provisions of this section shall not apply to any person who did not procure a city license for the entire immediately preceding year nor where an individual license is required for each person engaged in a business, occupation, or profession.

(2) Such semiannual payments shall become due and payable on the first days of January and July of each year, and if not paid within thirty (30) days from such due date, the city treasurer shall collect a penalty of ten (10) percent on such sums and interest on said sum and penalty at the rate of ten (10) percent per annum, and the remaining unpaid installments shall immediately become due and payable and such delinquent person may immediately be prosecuted for failure to obtain a license to engage in business in the city as provided by law.

(3) The city treasurer shall retain all licenses issued by the commissioner of the revenue for the current year until fully paid, together with all penalties, interest, and costs, and in lieu of delivery of such license to the licensee, the treasurer shall issue his receipts for each semiannual payment made to him, which such receipt shall be posted in a conspicuous place in the room or place where the business for which such license is issued is transacted.

(4) This section shall not be construed as permission to issue semiannual licenses, but the foregoing provisions of this section are adopted as a convenient method of payment, and this

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chapter shall not be construed to release any person from the unpaid installments for such license by the discontinuance of business or for any other reason.

(Code 1963, § 21-9; Ord. No. 81-12, 9-15-81; Ord. No. 87-17, 6-23-87)

Sec. 20-20. - Display of license or receipt for semiannual payment.

Every person required to pay a license tax under the provisions of this chapter shall keep the license in question or the receipt for semiannual payment issued under section 20-19 in a convenient place and, whenever requested to do so, shall exhibit such license or receipt to any member of the police department or any officer or his deputy, who is charged with the duty of enforcing the provisions of this Code and other ordinances of the city relative to revenue taxes, when so requested.

(Code 1963, § 21-12)

Sec. 20-21. - Transfer of license.

(a) Licenses issued under this chapter shall be transferable, except where otherwise provided. In no case, however, shall any transfer of the license be legal or valid until notice in writing of such transfer has been given to the commissioner of revenue and until the transfer has been approved by such commissioner in writing on the license. Such notice shall state the time of the transfer and the place of the business and the name of the person to whom transferred.

(b) No license otherwise transferable shall be transferred until the total amount of the annual license tax in question has been fully paid to the city treasurer. The commissioner of revenue shall not approve any assignment or the making of any transfer of a license until the provisions of this section have been fully complied with.

(c) Only that part of a license based on gross receipts that is in excess of the gross receipts of the transferer for that part of the year during which the transferer has prosecuted business under such license shall be transferable. The person to whom such license is being transferred shall pay the additional estimated license tax to the end of the license year, or an amount sufficient to make the minimum cost of the license as provided in this chapter, whichever is the greater.

(d) The commissioner of revenue shall keep a record of all license transfers.

(e) The attempted assignment or attempted transfer of any license in violation of the provisions of this section shall be void, and, of no effect, and any such purported assignee or transferee may be prosecuted for engaging in such business without a license. In addition thereto he shall be liable to the city for the amount of the proper license tax together with penalties, interest and costs.

(f) Any person transferring or attempting to transfer any license contrary to the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Code 1963, §§ 21-13—21-15)

Sec. 20-22. - Term and expiration date of licenses.

All licenses granted under the provisions of this chapter shall be issued for a period of twelve (12) months beginning the first day of January and expiring on the thirty-first day of December, unless otherwise provided.

(Code 1963, § 21-8; Ord. No. 81-12, 9-15-81)

State Law reference— Similar provisions, Code of Virginia, § 58-247.

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Sec. 20-23. - Tax not imposed contrary to federal or state law.

Nothing in this chapter contained shall be construed as imposing any license tax on any business, occupation or professional employment, or on any part thereof, on which the city is prohibited, by federal or state law, from imposing the same.

Sec. 20-24. - Licensee's records generally.

(a) Every person liable for a license tax under this chapter which is based on actual or probable purchases or sales, actual or probable commissions, gross receipts from a business or profession or contracts or orders accepted, or which is graded in any other way, shall, where such tax is based on actual or probable purchases or sales, keep all invoices and a record of all purchases and from whom made, a record of all sales, and where otherwise based, keep a record of all commissions, gross receipts, and contracts or orders accepted, from whom received and with whom made, and the report of such purchases, sales, commissions, receipts, contracts or orders accepted, required to be made for the computation of the license tax, shall be taken from such invoices and records and general books of account.

(b) All such invoices and record and general books of account shall be open to inspection and examination, on the premises of the business, employment or profession, by the director of finance, commissioner of revenue or any other officer of the city charged in any manner with the duty of assessing or collecting license taxes.

(c) Any person who shall fail or refuse to keep the records required by this section shall be guilty of a Class 4 misdemeanor.

Sec. 20-24.1. - Recordkeeping and audits.

Every person who is assessable with a license tax shall keep sufficient records to enable the assessor to verify the correctness of the tax paid for the license years assessable and to enable the assessor to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the assessor in order to allow the assessor to establish whether a particular receipt is directly attributable to the taxable privilege exercised within this city. The assessor shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside this city, copies of the appropriate books and records shall be sent to the assessor's office upon demand.

(Ord. No. 96-33, § I, 11-12-96)

Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, did not specify manner of codification; hence, inclusion as § 20-24.1 was at the discretion of the editor.

Sec. 20-25. - Examination and audit of licensee's records.

(a) Should any officer of the city charged in any manner with the duty of assessing or collecting license taxes have reason to believe, in any case, that the amount of actual or probable purchases or sales, or actual or probable commissions, or the gross or net receipts from any business or profession, or any other matters that may be pertinent to the assessment of such license tax, have been incorrectly reported or returned, such officer shall make a report thereof to the commissioner of revenue. Upon receipt of such report, or upon the commissioner's own motion, the commissioner of revenue is authorized and empowered to summon such person before him and require the production of any and all of such person's records, books and papers likely to throw any light upon the matter under investigation. The commissioner of revenue is also authorized and empowered to make or cause to be made such other and further investigations, examinations and audits of the records, books and

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papers of such person as the commissioner shall deem proper, in order to accurately determine the proper return to be made by such person.

(b) If, after an investigation, examination or audit pursuant to this section, it shall appear that purchases, sales, commissions, receipts or other matters pertinent to the assessment have been incorrectly reported or returned, the commissioner of revenue shall assess such person with the proper city license tax. If it shall appear that such purchases, sales, commissions, receipts or other matters pertinent to the assessment have been willfully incorrectly reported or returned, such person shall pay, in addition to such increased license tax assessed, a penalty of fifty (50) percent of such increased assessment. Any incorrect report or return shall be deemed prima facie willful.

(c) Any person who shall fail to appear before the commissioner of revenue and produce such records, books and papers, when duly summoned, or who shall refuse to permit the commissioner of revenue to make or cause to be made such other and further investigation and audit of such books and papers, shall be deemed guilty of a Class 3 misdemeanor.

Sec. 20-26. - Authority of commissioner of revenue to require information concerning subcontracts.

The commissioner of revenue, in performing the duties of such office, shall have authority to require any person having a contractor's license in the city to furnish a list of subcontractors to whom any part of the original contract is sublet, and the amount of such subcontract. Any person refusing to furnish such information shall be guilty of a Class 4 misdemeanor and each day's failure to furnish such information shall constitute a separate offense.

Sec. 20-27. - Business license not to be issued until taxes paid.

No business license authorized to be issued under Code of Virginia, chapter 37, title 58.1, and Chapter 20 of the Hopewell City Code shall be issued unless all outstanding business license taxes, personal property taxes, and meals and lodging taxes owed by said business have been paid, and until satisfactory proof of payment of said taxes has been produced by the applicant for the business license.

(Ord. No. 93-25, 9-14-93)

Sec. 20-28. - Exemption/reduction of business and professional occupational license fees for new firms locating in the enterprise zone and existing firms relocating in the enterprise zone.

New firms locating in the enterprise zone qualify for the following exemption of business and professional occupational license fees:

Year of Operation Percentage of Exemption

1st Year 100%

2nd Year 75%

3rd Year 50%

4th Year 25%

5th Year 0%

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Existing firms relocating in the enterprise zone qualify for the following exemption of business and professional occupational license fees:

Year of Operation Percentage of Exemption

1st Year 100%

2nd Year 75%

3rd Year 50%

4th Year 25%

5th Year 0%

( Ord. No. 2014-04 , 3-11-14)

Secs. 20-29—20-39. - Reserved.

ARTICLE II. - LICENSE TAX SCHEDULE

Sec. 20-40. - License fee and tax.

Every person or business subject to licensure under this chapter shall be assessed and required to pay annually:

(1) A fee for the issuance of such license in the amount of thirty dollars ($30.00) for persons or businesses with gross receipts of ($12,000.00) or less, except that first-time filers in the first year of business operation which anticipate gross receipts of ($12,000.00) or less are excused from paying the fee; or

(2) Except as may be otherwise provided in §§ 58.1-3712, 58.1-3712.1 and 58.1-3713 of the Code of Virginia, every such person or business with annual gross receipts of more than twelve thousand dollars ($12,000.00) shall be assessed and required to pay annually a license tax on all the gross receipts of such persons includable as provided in this chapter at a rate set forth below for the class of enterprise listed:

a. For contracting and persons constructing for their own account for sale sixteen cents ($0.16) per one hundred dollars ($100.00) of gross receipts;

b. For retailers and short-term rental businesses as defined in Code of Virginia, 58.1-3510, twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts;

c. For financial, real estate and professional services, fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts;

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d. For repair, personal and business services and all other businesses and occupations not specifically listed or excepted in this section or otherwise by law, thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts;

e. For wholesalers, twenty-five cents ($0.25) per one hundred dollars ($100.00) of purchases;

f. For carnivals, circuses and speedways, five hundred dollars ($500.00) for each performance held in this city;

g. For fortunetellers, clairvoyants and practitioners of palmistry or phrenology, one thousand dollars ($1,000.00) per year;

h. For massage parlors, five hundred dollars ($500.00) per year;

i. For photographers as defined under Code of Virginia, § 58.1-3727, thirty dollars ($30.00) per year;

j. For permanent coliseums, arenas or auditoriums having a maximum capacity in excess of ten thousand (10,000) persons, open to the public, one thousand dollars ($1,000.00) per year;

k. For savings institutions and state-chartered credit unions, fifty dollars ($50.00) per year;

l. For direct sellers as defined in Code of Virginia, § 58.1-3719.1 with total annual sales in excess of four thousand dollars ($4,000.00), twenty cents ($0.20) per one hundred dollars ($100.00) of total annual retail sales or twenty-five cents ($0.25) per one hundred dollars ($100.00) of total annual wholesale sales, whichever is applicable; and

m. For commission merchants as defined under Code of Virginia, § 58.1-3733, thirty-six cents ($0.36) per one hundred dollars ($100.00) of commission income.

(Ord. No. 96-33, § K, 11-12-96; Ord. No. 97-14, 9-13-97)

Editor's note— Ord. No. 96-33, provided by title for the repeal of § 20-40, Class I, contracting and persons contracting for their own account for sale, and § 20-41, Class II, retail merchants. Sec. K of such ordinance was designated by the editor as § 20-40.


Note— See the editor's note following § 20-40.

Sec. 20-42. - Alcoholic beverages.

(a) The annual license tax on any person licensed by the state alcoholic beverage control commission to manufacture, bottle, or sell alcoholic beverages in the city shall be as follows:

(1) Manufacturers' licenses:

a. Distiller's license ..... $500.00

b. Winery license ..... 250.00

c. Brewery license ..... 250.00

(2) Bottlers' license ..... 200.00

(3) Wholesalers' licenses:

a. Wholesale beer license ..... 75.00

b. Wholesale wine distributor's license ..... 50.00

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c. Wholesale druggist's license ..... 10.00

(4) Retailers' licenses:

a. Beer on-premises ..... 40.00

b. Beer off-premises ..... 40.00

c. Beer on- and off-premises ..... 45.00

d. Wine and beer on-premises ..... 45.00

e. Wine and beer off-premises ..... 45.00

f. Wine and beer on- and off-premises ..... 55.00

g. Wine and beer on-premises and beer off-premises ..... 50.00

h. Wine and beer off-premises and beer on-premises ..... 50.00

i. Wine off-premises ..... 40.00

j. Banquet (for each banquet) ..... 5.00

(5) Retailers of mixed beverage or liquor by the drink:

a. Two hundred dollars ($200.00) per annum for each restaurant with a seating capacity at tables for fifty (50) to one hundred (100) persons.

b. Three hundred fifty dollars ($350.00) per annum for each restaurant with a seating capacity at tables for more than one hundred (100) but not more than one hundred fifty (150) persons.

c. Five hundred dollars ($500.00) per annum for each restaurant with a seating capacity at tables for more than one hundred fifty (150) persons.

d. Three hundred fifty dollars ($350.00) per annum for a private, nonprofit club operating a restaurant located on the premises of such club.

(b) The licenses referred to in subsection (a) above shall be as respectively defined by the act of the General Assembly of Virginia, known as "The Alcoholic Beverage Control Act" and the terms "alcoholic beverage," "beer," "club," "sell," "wine," and "wholesale druggist," wherever used in this section, shall have the meanings respectively prescribed to them by said act.

(c) No license shall be issued under this section to any person, unless such person shall hold or shall secure simultaneously therewith the proper state license required by the Alcoholic Beverage Control Act, which state license shall be exhibited to the commissioner of revenue.

(d) Retailers' licenses, enumerated in subsection (a)(4) above shall not be prorated.

(e) All wine and beer licenses shall be issued for twelve-month periods beginning on July first of each calendar year and expiring on June thirtieth of the following calendar year.

(f) No license, the tax for which is designated in this section shall be assigned or transferred, but such license may be amended to show a change in the place of business.

(Ord. No. 82-34, 12-21-82)

Cross reference— Sale of beer and wine on Sunday, § 25-5.

State Law reference— Alcoholic Beverage Control Act, Code of Virginia, § 4.1-100 et seq.; authority for above tax, §§ 4.1-205, 4.1-233.

Secs. 20-43—20-47. - Reserved.

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Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, by title repealed §§ 20-43—20-47, which pertained to specific types and kinds of licenses. Such sections were derived from Ord. No. 82-34, adopted Dec. 21, 1982. Current provisions relative to such subject matter are contained in § 20-40.

Sec. 20-48. - Coin-operated machines.

(a) For the purposes of this section, an "operator" is defined as any person selling, leasing, renting, or otherwise furnishing or providing a coin-operated machine or device operated on the coin in the slot principle, which machine or device is located within the city, whether or not such operator has a fixed place of business within the city; provided, however, that the term "operator" shall not include a person owning less than three (3) coin machines and operating such machines on property owned or leased by such person.

(b) Every operator operating ten (10) or more coin machines shall pay for the privilege an annual license tax of two hundred dollars ($200.00). Every operator operating more than two (2) and less than ten (10) coin machines shall pay for the privilege an annual license tax of one hundred seventy-five dollars ($175.00). Such tax shall not apply to operators of weighing machines, automatic baggage or parcel checking machines or receptacles, nor to operators of vending machines, which machines are so constructed as to do nothing but vend goods, wares, and merchandise, or postage stamps, or provide service only, nor to operators of viewing machines or photomat machines, nor operators of devices or machines affording rides to children, or for the delivery of newspapers. The license tax on an operator shall not be prorated, and an operator's license shall not be transferred.

(c) In addition to the operator's license tax imposed by subsection (b) above, there shall be a gross receipts tax on the gross receipts actually received from coin machines or devices operated within this city, as follows:

(1) Gross receipts from machines vending merchandise or postage stamps shall be deemed gross receipts from retail sales and taxed at the rate of twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts.

(2) Gross receipts from coin-operated laundries shall be deemed gross receipts from a business service and taxed at the rate of thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts.

(3) Gross receipts from all other machines operated on the coin in the slot principle shall be taxed at the rate of twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts.

(d) Every operator shall furnish to the commissioner of revenue a complete list of all machines on location in the city and the address of each location on or before the thirty-first day of January of each year. Each machine shall have conspicuously located thereon a decal, sticker, or other adhesive label, no less than one by two (1 x 2) inches in size, clearly denoting the operator's name and address.

(e) Any person providing any coin-operated machines or other devices and failing to procure a license under this section or otherwise violating this section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense and the machine or other device shall become forfeited to the city.

(f) Gross receipts from coin-machines in a business not classified as an "operator" under paragraph (a) above shall be deemed gross receipts from retail sales and taxed at the rate of twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts.

(g) Nothing contained in this section shall be construed as permitting any person to keep, maintain, exhibit, or operate any coin-operated machine or other device, the operation of which is prohibited by law.

(Ord. No. 82-34, 12-21-82; Ord. No. 88-2, 2-23-88; Ord. No. 96-32, 11-12-96)

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Cross reference— Fraudulent use of coin-operated machines, § 25-28.


Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, by title repealed § 20-49, fortune-tellers, clairvoyants, etc., derived from Ord. No. 82-34, adopted Dec. 21, 1982. Current provisions concerning such subject matter are included in § 20-40.

Sec. 20-50. - Liquidators—Stocks of goods purchased in bulk at court sales outside of city.

(a) Any person who shall bring into this city from any place beyond its limits, a stock of goods or merchandise which has been purchased in bulk at any trustee, receiver, or bankrupt sale with the intention of selling the same at retail, either at public auction or privately, shall pay a specific license tax of one thousand dollars ($1,000.00). Such license tax shall not be prorated and the license upon which such tax is paid shall not be transferable.

(b) This section shall not be construed to apply to regularly licensed retail merchants of the city having an established place of business in the city for a period of six (6) months prior to such sales.

(Ord. No. 82-34, 12-21-82)

Cross reference— License for going-out-of-business, etc., sales, § 30-96 et seq.

Sec. 20-51. - Same—Secondhand motor vehicles, major appliances, etc.

(a) Any person bringing into the city a stock of secondhand automobiles, motorcycles, refrigerators, or similar commodities for sale shall, in addition to the regular city merchant's license, pay a license tax of three hundred dollars ($300.00) per calendar year. Such license tax shall not be prorated. The license for which such license tax is paid shall not be transferrable.

(b) For the purpose of this section, the word "stock" shall mean two (2) or more such commodities at any one time.

(c) This section shall not apply to a regularly established merchant who has operated a business in the city and paid all city and state license taxes for not less than six (6) months immediately preceding. The license for which the license tax is indicated in this section does not permit the sale of bankrupt stock.

(Ord. No. 82-34, 12-21-82)


Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, provided by title for the repeal of § 20-52, massage, etc., businesses, derived from Ord. No. 82-34, adopted Dec. 21, 1982. For current provisions concerning such subject matter, see § 20-40.

Sec. 20-53. - Merchandise exhibitions, etc.

The license tax for merchandise exhibitions, food shows, or automobile shows, for advertising purposes or for which an admission fee is charged, shall be one hundred dollars ($100.00).

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(Ord. No. 82-34, 12-21-82)


Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, by title repealed § 20-54, merchants, wholesale, derived from Ord. No. 82-34, adopted Dec. 21, 1982. See § 20-40.

Sec. 20-55. - Museums, historical and educational exhibitions.

The license tax for museums, historical, and educational exhibitions shall be at the rate of five dollars ($5.00) per day. Such museums, historical, and educational exhibitions shall be under such rules and regulations as may be prescribed by the city council and the license shall be revocable at the pleasure of the council.

(Ord. No. 82-34, 12-21-82)

Sec. 20-56. - Patent medicine salesmen.

Any person who shall sell any patent, proprietary, or domestic medicines, salves, liniments, or compounds of a like kind, or any spices, extracts, toilet articles, or other articles of a like kind, except a licensed merchant at his regular place of business, whether he be the manufacturer thereof or not, shall pay a license tax of one hundred dollars ($100.00) per week for each person so engaged, which shall be the only license required of such person for such privilege.

(Ord. No. 82-34, 12-21-82)

Sec. 20-57. - Peddlers.

(a) Except as otherwise provided, any peddler or itinerant merchant as defined in Code of Virginia, § 58.1-3717 shall pay an annual license tax of five hundred dollars ($500.00), which may not be paid in semiannual payments, except that:

(1) The license tax on peddlers of seafood who buy the seafood they peddle directly from persons who catch or take the same shall be ten dollars ($10.00).

(2) Any person who peddles coal, oil, or wood from wagons or other vehicles, in small quantities, to consumers shall pay a license tax of ten dollars ($10.00) per year for each vehicle used in such business, which shall be in addition to any other license required by law. Such license shall be issued for a specified vehicle and shall be in the possession of the person in charge of such vehicle at all times when business is being transacted.

(b) (1) No city license shall be required of persons who sell or offer for sale in person or by their employees, ice, wood, charcoal, meats, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruits, or other family supplies of a perishable nature, or farm products grown or produced by them and not purchased by them for sale.

(2) The license tax on peddlers of meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruit, or other family supplies of a perishable nature not grown or produced by them shall be fifty dollars ($50.00) for each vehicle used in such peddling in the city. Such license shall be issued for a separate vehicle and shall be in the possession of such person in charge of such vehicle at all times when business is being transacted.

(c) Every person claiming to be exempted from having to secure a license required by subsection (a) of this section because of the provisions of subsection (b) of this section shall on or before January first

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of each year, file with the commissioner of revenue, a certificate under oath, on a form to be prepared by the commissioner of revenue, in which shall be given the name and post office address of the person filing the certificate, the location of the land on which the family supplies of a perishable nature are produced, whether the person filing the certificate is owner thereof, or renter, and in the latter case, the name of the landlord or owner and the time from which and to which the lease is to run.

(d) Upon receipt of a certificate, as provided for in subsection (c) above, and such other evidence under oath as may be sufficient to establish the fact that the person filing such certificate is entitled to an exemption under subsection (b) above, the commissioner of revenue shall furnish to such person a tag suitable to be displayed on his vehicle on which shall be printed, "City of Hopewell, Producer No. ____________ ," together with the year for which issued. Such producer or grower shall display such tag conspicuously on his vehicle in a prominent position so that it can be easily read at all times while such producer is engaged in selling or offering for sale any family supplies mentioned within subsection (b) above, within this city.

(e) The commissioner of revenue may administer the oaths required by subsections (c), (d), and (e) of this section.

(Ord. No. 82-34, 12-21-82; Ord. No. 83-9, 6-28-83; Ord. No. 84-28, 10-9-84; Ord. No. 88-21, 6-28-88)

Cross reference— Application of ordinance regulating solicitors to peddlers licensed under this chapter, § 32-1.


Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, repealed § 20-58, savings and loan associations, derived from Ord. No. 82-34, adopted Dec. 21, 1982. See § 20-40.

Sec. 20-59. - Telegraph, telephone, water, heat, light, or power companies.

(a) Any company engaging in the business of furnishing telegraph or telephone service shall pay one-half of one percent of the gross receipts of such company accruing from business in the city for the fiscal year ending the thirty-first day of December immediately next preceding; provided, however, that charges for long distance telephone calls shall not be considered receipts of business in the city.

(b) Any company engaging in the business of furnishing water, heat, light, or power, whether by means of electricity or gas, shall pay one-half of one percent of the gross receipts of such company accruing from business in the city for the fiscal year ending the thirty-first day of December immediately next preceding.

(c) Each such company applying for a license under this chapter shall submit to the commissioner of revenue a statement of such receipts, which statement shall be verified by the commissioner on an examination of the books of such company, and a certificate as to its correctness shall be filed with the commissioner of revenue.

(Ord. No. 82-34, 12-21-82)

Cross reference— Tax on purchasers of utility services, § 34-96 et seq.


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Editor's note— Ord. No. 96-33, adopted Nov. 12, 1996, by title repealed § 20-60, exclusions from gross tax receipts for license tax purposes, derived from Ord. No. 82-34, adopted Dec. 21, 1982. For current provisions pertaining to such subject matter, the user's attention is directed to § 20-14.5.

Sec. 20-61. - Tattooing.

(a) Every person, firm, or corporation engaged in the business of tattooing in the City of Hopewell shall pay a license tax of one thousand dollars ($1,000.00) which license shall not be proratable.

(b) No license shall be issued hereunder unless and until there is presented to the commissioner of the revenue a certificate from the director of public health and the chief of police permitting the operation of this business.

(Ord. No. 84-21, 8-14-84)

Cross reference— Tattoo parlors generally, § 9-41 et seq.

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CITY OF HOPEWELL




Order of Business:


Action:



Request for City Council to vote to establish a rule that supports the new practice to limit City Councilors ability to place items on future agendas, conduct research with staff and seek legal guidance for potential legislative items.

ISSUE: It has been common practice that City Councilors to place items on the City Council Meeting Agendas to obtain a vote from City Council to approve/deny the request. At some point in 2019, some members of City Council began to advocate for Councilors to be limited in their ability to place items on the agenda for City Council approval/denial. In turn, they began to limit the ability for a City Councilor to seek legal guidance to determine legality of any proposed legislation. As of now, some City Councilors are seeking to limit the ability to ask the City Manager to provide information so that one can make a determination about the feasibility of any proposed legislation.

RECOMMENDATION: City Council deny establishing any rule that limits City Councilors interaction with City Council’s Appointees (employees) about proposed legislation. City Council has hired professionals in their field of expertise. If he/she cannot assist without causing a high demand of strain on their workload- he/she can request to push the item back or simply request the matter be placed before City Council prior to proceeding. However, if he/she believes that providing assistance for routine/normal request and does not significantly affect his/her workflow – he/she may use discretion as professionals and assist their employer (City Councilors).


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ENCLOSED DOCUMENTS:

STAFF: Mayor Gore


________________________________________________________________________

Roll Call

278


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Request for City Council direct the City Manager to provide City Council with a full update as to the current delay in completing the FY18 Comprehensive Annual Finance Report (CAFR Audit) and status of the FY16 Schedule of Expenditures of Federal Awards (SEFA). The City Manager’s report shall include options for City Council consideration to address the City’s CAFR/SEFA delay – to include hiring additional/new staff or separating the audit team from the City’s Finance Department Team. Direct the City Manager to provide City Council with options to determine an alternative to adjust course to obtain results to improve the financial situation of the City and to obtain revoked bond ratings.

Request for City Council direct the City Manager

ISSUE: The City’s CAFRs have been delinquent since FY15. A majority of City Council supported hiring an outside finance consultant to service bring the city current with audits. City Council was originally informed that the delinquent CAFRs (FY16, FY17, and FY18) would be completed with a year. They have not been completed and city staff requested an extension of the agreement. The last audit supplied to City Council was the FY17 audit for fiscal year (July 1, 2016 - June 30 2017) June 2019. FY18. FY19 and FY20 are currently outstanding.

RECOMMENDATION: City Council direct the City Manager to accomplish the directive to be determined by City Council by a specific date.


ENCLOSED DOCUMENTS:

279


STAFF: Mayor Gore


________________________________________________________________________

Roll Call

280


CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Request for City Council to vote direct the City Manager to delegate to the GIS/Development Office to begin mapping City of Hopewell social determinate data for the Cities of Opportunities Pilot Program and reconnect with City Health Dashboard to determine next steps to gather Census data.

Request for City Council to vote direct the City Manager to delegate to the GIS/Development Office to begin mapping City of Hopewell social determinate data for the Cities of Opportunities Pilot Program

ISSUE: The City of Hopewell was selected to participate in the Cities of Opportunities Pilot Program in 2019. Hopewell is one of twelve cities nationwide selected to participate by the National League of Cities (NLC). City Health Dashboard selected Hopewell to participate as a small city pilot. Roanoke, Virginia, the only other Virginia city and small city participating in this program with Hopewell has already completed their pilot and that information is located on https://www.cityhealthdashboard.com/va/roanoke/city-overview

With support from the Robert Wood Johnson Foundation, the City Health Dashboard has expanded to offer data on 37 measures for the 500 largest U.S. cities - those with populations of about 66,000 or more – representing approximately one-third of the U.S. population.

NLC CITIES OF OPPORTUNITY GRANT PROFILES:

Atlanta, GA - In Atlanta, we view health much more broadly than the mere absence of disease. Rather, for our city to be truly healthy, we must address the structural inequities plaguing our housing, financial, and educational systems. Our vision of One Atlanta is a city of opportunity, an affordable, equitable, and resilient city.

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Birmingham, AL - Birmingham is building on its ShapeBham initiative that used neighborhood health data to inform visionary city planning. The City’s new Bus Rapid Transit project is connecting neighborhoods, spurring transit-oriented development, and linking people to jobs created through the TIP TAP TOP workforce development program.

Charlotte, NC - Charlotte is embarking on the Charlotte Future 2040 Comprehensive Plan, the City’s first comprehensive plan in 45 years. The planning process will be centered on inclusive community participation and enhancing economic mobility, and will build on the City’s efforts to grow social capital and partnerships for community investment projects.

East Point, GA - East Point is becoming a healthier city through a series of initiatives on walkable green spaces and greater access to health information and services. The Healthy Point community health promotion program, along with the city’s strong collaboration with a local hospital, are helping East Point harness growth to improve the health of all residents.

Fort Collins, CO - Fort Collins is redoubling its efforts to promote health, equity and wellbeing for all residents with a series of housing programs designed to address affordability, market information and improved indoor air quality, among other benefits. The lessons learned from Cities of Opportunity will inform the updates of both the City Plan and the Affordable Housing Strategic Plan.

Grand Rapids, MI - Grand Rapids is developing new ways to harness city-level data through their participation in the What Works Cities data inventory and the GRData open portal. A priority for the city is providing residents with access to information and fully engaging the community to address equity in data and health processes.

Hopewell, VA - Hopewell is focusing on building new partnerships between organizations and across sectors, and engaging community residents, to better achieve its land use, health, affordable housing and workforce goals. Doing so will provide a foundation to support community workforce development and begin the conversation to change the culture around opportunity and equity.

Huntington, WV - Huntington is targeting economic opportunity for all residents, with an array of job training and economic development initiatives. The city is also seeking to increase data sharing within the city and continue improving its hub-and-spoke model for community engagement.

Lansing, MI -Lansing is working with partners to promote community health through city planning and design. Seeking a more holistic approach, the city is interested in developing integrated data tools and embedding health and equity into regional plans.

New Orleans, LA - New Orleans serves its most vulnerable residents through a series of initiatives to remove barriers to employment, provide greater access to affordable housing, and

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create a better physical environment in neighborhoods. These are part of an intentional strategy to bridge the equity gap and reduce daily stressors that prevent residents from enjoying optimal quality of life and achieving full mental and physical health potential.

Rancho Cucamonga, CA - Rancho Cucamonga is engaging in a dynamic series of planning and development initiatives to support residents’ health and quality of life. Supported by localized data, the Healthy RC partnership exemplifies this commitment to integrated health policy and community engagement.

Roanoke, VA -Roanoke is collaborating with local partners including health institutions to respond to long-standing inequities in health outcomes that remain even as the City undergoes impressive economic growth. Using data from their recent collaborative Community Health Needs Assessment, the city is looking at ways to integrate their equity initiatives into a broader strategy.

RECOMMENDATION: City Council direct the City Attorney to complete task by a specific date.


ENCLOSED DOCUMENTS:

STAFF: Mayor Gore


________________________________________________________________________

Roll Call

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CITY OF HOPEWELL




Order of Business:


Action:


COUNCIL AGENDA ITEM TITLE: Request City Council approve a constituent and customer service survey for the public to complete to better improve services for residents.

ISSUE: The City has made many changes to how we provide information to the public and perform customer service. We should assess how well those advances are being relayed to the community and how effective they are. Additionally, we also need to conduct a deeper dive to determine how best some of the services currently offered to residents by City staff are bring fulfilled. I also request that the VMLA survey questions are also disseminated to the public for participation. The questions were a requirement for the grant participation.

RECOMMENDATION: I recommend that we conduct an initial survey via POLCO and then provide targeted department surveys depending on the feedback received.


ENCLOSED DOCUMENTS: n/a

REQUESTER: Mayor Gore



________________________________________________________________________

Roll Call

The City of Hopewell is committed to providing high quality and responsive customer service. As part of that commitment, the City is conducting a survey as a tool to better serve the public. In order to measure how we are doing, your participation is requested and valued greatly. Feedback received will be used to determine areas in which the City is performing well and those areas in which there is room for improvement.

1. Which of the following best describes you? Resident Non-Resident Business Owner Business Property Owner/Manager Consultant Contractor/Developer Other

2. Which department did you contact and by what method?

Department of Public Works (to include City Engineer) Department of Recreation and Parks Department of Development (to include Code Enforcement) Office of Economic Development Hopewell Fire and EMS Hopewell Police Department Hopewell Renewal (Wastewater) Department of Social Services Department of Human Resources Office of City Clerk Office of City Manager City Council Office of the City Attorney

On phone Walk-in Internet (e.g. city website) Via email or letter Official City social media platforms City staff visiting my home or business Other (please specify)

City of Hopewell Constituent &

Customer Satisfaction Survey

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3. How frequently do you interact with City Staff? Once a week Once a month Every few months Once or twice a year Rarely; once a year

4. What is the most frequent reasons why you contact the City of Hopewell? (Check all

that apply) Requesting general information on City operations or services Requesting information on an account with the City (e.g. sewer, trash, taxes,

etc.) Submitting a complaint and/or service request for a City Department/City

Council Following up on the status of a previous request Making a payment Disputing a bill Disputing tax bills and/or records Filling a permit, application or plan with the City Following up on the status of a permit, application or plan that has previously

been filed with the city Inquire about land or future development deal Filing a police report Fire, rescue and EMS services or fire inspections and code Inquire about how to start a business or potential economic development deals Inquire about City Council records (e.g. meeting minutes, meeting agenda, votes,

etc.) Submit a Freedom of Information Act (FOIA) request Inquire about city events Inquire about how to participate in city events or programs Inquire about how to be a City volunteer and/or appointee of City Council Inquire about youth programs

5. When filling a complaint, what is the most frequent reason?

City water and Sewer Services City trash, debris and/or litter Streets, sidewalks, potholes, traffic signage, etc. City recreational facilities or events City code enforcement (e.g. vacant properties, rental houses, inoperable

vehicles, etc.)

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Shooting Other crime Drugs/Overdoses Other; Please specify

6. How would you describe the time it took for your issue to be resolved or for you to

receive a final decision? Quickly About how long you would reasonably expect Longer than expected Much longer than expected

7. How well do the departments or offices you frequently contact meet your overall

needs? Excellent (went beyond expectations) Good (met expectations) Average (met minimum expectations but could use improvement) Poor (did not meet minimum expectations) Very poor (far below expectations)

8. Rate the departments or offices knowledge and ability to process your requests timely.

Excellent (went beyond expectations) Good (met expectations) Average (met minimum expectations but could use improvement) Poor (did not meet minimum expectations) Very poor (far below expectations)

9. How are departments or offices being attentive to your needs?


10. Rate how your requests are completed. On most occasions, are issues resolved correctly

correctly/efficiently after initial contact? Excellent (went beyond expectations) Good (met expectations) Average (met minimum expectations but could use improvement) Poor (did not meet minimum expectations) Very poor (far below expectations)

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11. How courteous and professional was the department or offices when addressing your needs?


12. How well does the department or offices relay information and communicate to you?


13. If your question or concern was not adequately addressed, do you have the necessary

information required to pursue next steps or find the information you require? Please provide a brief description.

14. Please provide a description of the response you received from the City.

15. Did you receive any delay or hindrance to resolve your issue? (e.g. transfer to other city

department, had to wait for staff to contact you back, wait for information, etc.)

16. Please consider effort and effectiveness in assisting you with your question/concern, and anything the employee to go above or below your expectations.

17. Do you think this survey would be helpful if completed for each individual City Department, City manager and/or City Council?

18. How well do you feel the City communicates to residents about city updates, issues, plans or initiatives?


19. How well do you feel the City includes residents in city planning and decision-making

Excellent (went beyond expectations)

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Good (met expectations) Average (met minimum expectations but could use improvement) Poor (did not meet minimum expectations) Very poor (far below expectations)

20. How well do you feel the City shares opportunities to be involved within the City as a

volunteer and/or City Council appointee? Excellent (went beyond expectations) Good (met expectations) Average (met minimum expectations but could use improvement) Poor (did not meet minimum expectations) Very poor (far below expectations)

21. How often do you use the City’s online platforms to learn more and be engaged?

City Website City Social Media Council Live City App City Mobile Text Alerts Freedom of Information Act (FOIA) List Online Complaint Form Online Payment Services

22. Is there any service the City does not provide that would assist with our customer

service?

23. Overall, how would you describe the City’s overall customer Service? Excellent (went beyond expectations) Good (met expectations) Average (met minimum expectations but could use improvement) Poor (did not meet minimum expectations) Very poor (far below expectations)

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ADJOURN

agenda - City of Hopewell

Documents

Transcript of agenda - City of Hopewell