The URL can be used to link to this page

11-13-2018 MINUTES Nt cu. rr 4s 8i�ssg� e °, o°a x►`O� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 13, 2018 Mayor Louis R. Jones called to order the CITY MANAGER'S BRIEFINGS, in the City Council Conference Room, Tuesday,November 13, 2018, at 4:00 P.M Council Members Present: Jessica P.Abbott,M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R.Jones,John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane Out of Town John E. Uhrin Out of Town 2 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 4:00 P.M. Mayor Jones welcomed Mark Johnson, Director—Public Works and Phil Koetter, Acting Operations Engineer. Mr.Johnson expressed his appreciation to the City Council for their continued support: Iljw- Proof( • STORMWATER MAINTENANCE CITY COUNCIL BRIEFING NOVEMBER 13,2018 Operations and Maintenance has (3) three main goals; to sustain flood control functions,protect water quality, and maximize infrastructure lifespan: OPERATIONS & MAINTENANCE CHALLENGE: Maintain every aspect of the system to • Sustain Flood Control Functions • Protect Water Quality • Maximize Infrastructure Lifespan • Shift From Reactive Mode to Proactive Maintenance This requires a"systems"approach—maintenance of all system components from rainfall location to ultimate outfall RESOURCES: Current FY 2018-19 Budgets $22.1 M Operating Budget $16.4M Capital Improvement Program z November 13, 2018 3 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) Here is a breakdown of the FY 2019 Stormwater Operating Program: OVERALL STORMWATER OPERATING PROGRAM FY 2019 Operating Budget $42.4M Transfers $11.3M—�—' Reserves $338K .— Operation and Flood Control Maintenance $3.2M _ $22.1M r,>9 Debt Service $3.9M Stormwater Quality and Regulatory $1.4M 3 This chart depicts the breakdown of the$22.1-Million budget for Operation and Maintenance budget from the chart above: STORMWATER OPERATIONS FY 19 OPERATING BUDGET ($22.1M) $2.61 M Mosquito Contro' S1.94M Construction& Engineering $910K Inspections& Spills 513.68M Operations& Maintenance -rr,r S�. Street Sv.-,eping a November 13, 2018 4 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) There are three(3)groups in the Stormwater Capital Improvement Program (CIP)Projects: OVERALL STOIATER CIP PROGRAM FY 2019 Capital Improvement Operation and Maintenance $48.1M $16.4M II .--Flood Control $23.1M Stormwater Quality and Regulatory $8.6M • Here is the FY 19 Operations and Maintenance CIP: FY19 O&M CIP CIP Appro FY2C'.v Proiecl Toll To Date Budget 7032000 Flood Mitigation Assistance 1,227,144 1,227344 0 Grant Program 7044000 Flood Mitigation Assistance 874.061 874,061 0 Grant Program II 7055000 Canal Management Phaco I 500.000 500,000 500.000 7415000 Lake Management II 56,945.040 27,260,128 4,947,652 7411000 Oceanfront Storm Water 14,980.740 4,080.740 2,650,000 Facilities Maintenance 7023000 Primary System Infrastructure 21.970.000 8,350.000 2,270,000 Improvements II 7026000 Residential Drainage Cost 550,000 250,000 50,000 Participation Program II 7200000 Severe Repetitive Loss Grant 1,847,009 1.847.009 0 Program 7412000 Stormwater Pump Station 12,525,229 5,025.229 1.250,000 Modifications 7416000 SW Infrastructure Rehabilitation 66,606.982 33,108,982 4,750,000 8 Improvements II Report Total 175,027,205 52,521,293 15,417,952 November 13, 2018 5 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) Mr. Johnson turned the brief over to Mr. Koetter, who briefed the eleven (11)Maintenance Programs: MAINTENANCE PROGRAMS • Stormwater Pipe Cleaning/Rehabilitation • Cave-Ins • Lake Dredging • Canals • Ditches • Pump Stations • Beach Erosion and Hurricane Protection • Street Sweeping • BMP Inspections • BMP Maintenance • Mosquito Control The Operations and Maintenance-Pipe System Program is resourced with forty-two (42)FTEs to maintain 1,110 miles of pipe and 43,566 manholes/inlets: O&M — PIPE SYSTEM (NEIGHBORHOOD REHAB) Mission:Maintain 1110 miles of pipe and 43,566 manholes/inlets Resources:42 FTEs,$7.7M Operating,$4.75M CIP 7-416 Purpose:Flood Control,Water Quality,Lifespan Current Cycle:90 yrs it411 Goal:15 yrs>Requires Additional$8.5M/yr •r 61' November 13, 2018 6 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) One hundred(100)cave-ins are repaired a month. There is an eight(8) month backlog with eight hundred(800)due to be repaired: O&M — PIPE SYS (C 111.111 Mission:Maintain 1110 miles of pipe and 43,566 manholes/basins Resources:42 FTEs,$7.7M Operating,$4.75M CIP 7-416 Purpose:Flood Control,Water Quality,Lifespan Current Backlog:800 caves,8 month Backlog Goal:2 months>Requires One Time$9M to contract 600 repairs ttr ,, k • Here are the steps taken to identify and repair pipes, once complete the GIS database is updated: O&M — PIPE SYSTEM NEIGHBORHOOD REHAB • Review maintenance records • Locate&identify pipes; update GIS •Clean&perform closed circuit tir television inspection(CCTV) .+. •Coordinate with SW modeling �! for flood control improvements IF' •t IN'•r it • Review inspection and Th develop repair plan •Perform repairs _ ,o November 13, 2018 7 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) This chart depicts the nine (9) neighborhoods that had rehab completed between 2012-2018, including the number of reports taken for flooding and cave-ins before and after repair work was performed. The goal is to have at least a 50%decrease in flooding and cave-ins after rehab: O& ESENT Decreases In Flood and Cave-In Calls for finished Rehabilitation Basins sans..aanseancerear 4Y .U. ....,,,•,,,a�ar�e.�"°oe.,�e., 9 Neighborhoods under finished v„v a.e.e b46Yw aM.e•• CCTV/Design —. " 2014 • Fairfield `° ®® "" • Malibu m.. . En 6116 • Landstown Lakes MI6GMenwcod �„,GO. 0 ,ow • Lynnhaven Woods _UM • Bellamy Manor ®® > • King's Grove/Groveland Park Pine Pldge .z .. - - • Thalia Wayside 2016 ®�■ • Brigadoon/Lake Christopher p.. ''' C 'm" • Bellamy/Kempsville Plantation 2016 ,. " CI • Windsor Woods 2016 ,,. - e. ... IO .. **Goal:Average Decrease>50% 0••oNalo. '" ® "„ 1/1 11 The Operations and Maintenance-Lakes&Ponds Program is resourced with three (3)FTEs to maintain 448 lakes/ponds and 38 dams spillways: l O&M - LAKES & PONDS Mission:Maintain 448 lakes/ponds and 38 dams/spillways Resources:3 FTEs,$612K Operating,$4.9M CIP 7-415+$50K CIP 7-026 Purpose:Flood Control,Water Quality,Lifespan Current Cycle:95 Year Goal:50 Year>Requires Additional$2.3M/yr ikt -44,11;.,..: , , rt. » },* — - 12 November 13, 2018 8 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) The Operations and Maintenance—Canals Program is resourced with one (1)FTE to maintain sixty-one (61) Canals: O&M — CANALS Mission:Maintain 61 Canals 1 1140 HUBBELL DR CANAL 35 MOONRNIER CNML 2 MD SANDBRIDGE ROAD CANAL 38 MORRIS NECK ROAD CANAL 3 2973 CHERE DRCANA. MU DDV CREEK ROAD TO 4 4335 HIALEAH DR CANAL 97 REDHEAD BAY 5 ATWOODTOWW RD CANAL 36 NANNEYS CREEK. Resources:1 FTE,$500K CIP 7-055 8 BE LSPRING CANAL 30 OAKUM CREEK CANAL BOWCREEK GOLF COURSE 40OIIFORD CIRCLE ] CANAL 41 PARLIAM ENT DITCH/CANAL B_ BROMFIELD AVE CANAL 42 PLEASANT RIDGE CANAL Purpose:Flood Control,Water QualityCAIAPBELLSLANDING PLEASANT RIDGE COURT B ROADSIDE CANAL 43 CANAL t0 CANAL•CHARITY NECK 44 PLEASANT RIDGE RD CANAL 11 CANAL 62 _2 CARISSA COURT CANAL PLEASURE HOUSE CREEK Current Cycle: 98 Year 13 CASSELL STREET DITCHu_DITCHM,ANAL a CENTERVILLE CANAL x48 PROVIDENCE RD CANK L5CHARITY NECK RD CANAL 0 REDCOAT RD CANAL FrB COSTA GRANDE,,,,E CANAL RED MILL DITCH/CANALGoal:25 Year>Requires$2.0M/yr L DAM NECK ROAD DITCH/CANAL REDWING CANAL 18 ELSON GREEN CANAL ROUND HILL CANAL 19 ENTRADA DRIVE CANAL 1 SALEM CANAL 20 EOKWOODCANAI SALEM RDCANAL 21 FRANCIS LAND DI TCH/CALNL SALEM VILLAGE DITCH/CANAL 22 GREEN RUN CANAL SCARBOROUGH SQUARE 23 GREY FRIARS CANAL DITCH/CANAL 24 GRUMASQUARE DITCH SCOPUS MARSH CANAL 25 HOLLAND ROAD CANAL SHORELINE LAKE 12 CANAL 26 LANDSTOWN RD CMM. 57 THALIA CREEK 27 WDSTOWN RD CANAL -58 TOWNELLD LANE CANAL 26 LEVEL LOOP CANAL 59 WESLE VAN CANAL 29 LONDON BRIDGE GREEK ----T- WEST NECK CREEK 30 LORD DLINIPOREDRIVE WEST NECK III CANAL 32 LORIHAYE DRIVE CANAL 32 LYMAGIC HOLLNOW WCA 33 MAGIC DAM AL 34 MILL DAM CREEK 13 The Operations and Maintenance—Ditch Systems Program is resourced with forty-three(43)FTEs to maintain a total of 702 miles of ditches: O$ ,.rdil Mission: Maintain 152 miles of off road ditches(ORD),550 miles roadside ditch Resources:43 FTEs,$6.7M Operating,$2.27M CIP 7-023 Purpose:Flood Control,Water Quality, Lifespan Current Cycle:12 Year Goal:8 Year>Requires Additional$5.9M/yr a 4.t ' - OR Reae DOG, S43-1). M3N 4BTIMM 1 Program *Mgr,4 - iVtis • 1 Na MIME by Meal Year �T K with gems) MI 2 SMS". IF,JI 21 �_ �fY15' N.M) 23 --:if:. IC.N) 18 - 1: ID.LI 15 yy - 1R.K) 1T + .nl. —FY24. (0.Or 17 TOTAL 162 14 November 13, 2018 9 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) The Operations and Maintenance—Pump Station Program is resourced with four(4)FTEs to manage and maintain fifteen (15)pump stations: O&M — PUMP STATIONS Mission:Manage and Maintain 15 stations Resources:4 FTEs,$790K Operating,$1.25M CIP 7-412 Purpose:Flood Control,Lifespan Current Cycle:Current 15 Year Goal:15 Year iv, _ 41,i .t fid. ,1111 4 i 15 The Operations And Maintenance —Beach Erosion and Hurricane Protection Projects Program is resourced with one (1)FTE to maintain Boardwalk/Seawall: O&M — BEACH EROSION AND HURRICANE PROTECTION,PROJECTS Mission:Maintain Boardwalk/Seawall Resources: 1 FTE,$257K Operating,$1.65M CIP 7-411 Purpose:Flood Control,Federal Obligation Current Cycle:5 Year Goal:Meet 2 Year USACE Inspection Requirement>Requires Additional$350K/yr I IT -, Vilki - /IL- , M - {j Y L lb? a' 4 ' 18 November 13, 2018 10 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) The Operations And Maintenance—Street Sweeping Program is resourced with five (5)FTEs to maintain "In House"operations listed below with contractors responsible for the remaining public roadways: O&M - STREET SWEEPING 4111 In House- • Town Center.Weekly • Oceanfront:Nightly(May—September) • Service Request Response:Case-by-Case Basis Resources:5 FTEs,Operating+/-$720K Contractor-Sweep all other publicly owned streets,Operating$2.25M Purpose:Water Quality MS-4 Permit Requirement Cycle:6 times/year(+/-) 1111 The Operations And Maintenance—Inspections and Spills Program is resourced with nine (9)FTEs to inspect public and private BMPs and provide spill response/cleanup: O&M - I -,1 Mission:Inspect Public and Private BMPs - • and provide spill response and cleanup xr - Resources:9 FTEs,$910K Operating(incl. xe' $50k contracted spill cleanup) Purpose:Flood Control,Water Quality , MS-4 Permit requirement . - fa: Cycle: • Public BMPs Inspect 100%per year • (717 annually) r } • Private BMPs Inspect 20%per year "y,. (490 Annually) • Spill response as needed. • 18 November 13, 2018 11 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) The Operations And Maintenance-BMP Maintenance Program is not resourced but requires maintaining 269 publicly owned BMPs: I O&M Mission: Maintain the 269 publicly owned BMPs Resources:Currently no resources are dedicated to this Purpose:Flood Control,Water Quality MS-4 Permit Requirement Current Cycle:None Goal:Maintain all 269 over a 20 yr cycle>requires$1.2M/yr Kixviiiiii.-76;k irl,tt''' . ' ' ' - ' . ' ".-:.- . 19 The Operations And Maintenance—Mosquito Control Program is resourced with thirty-five (35)FTEs to maintain the entire inventory of mosquito ditches every five(5)years and Larvicide breeding sites every 10-14 days: O&M — MOSQUITO a9A .SOL Mission:Minimize the mosquito population through laviciding,adulticiding, ditch flow management,and public education , Y^. Resources:35 FTEs,$2.4M Operating . Purpose:Public Health Goals/Cycle:Clean mosquito ditches every 5 years Larvicide breeding sites every 10-14 days 4 m 20 November 13, 2018 12 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) Here are the Accomplishments in FY 18—Present: O& �-ESENT • Piped Systems • 204,435 LF CCTV in 10 Subdivisions Completed • One subdivision repair complete—Magic Hollow Stormwater System Rehabilitation • 6 Drainage Improvement Projects$2.8M • Wash Rack Installation • Lakes and Ponds • Dredging Completed in Six Lakes • Dredging for Two Lakes under Construction • 57K CY dredged • Two lakes treated for Algae($7.4K in cost participation) • Whitehurst Disposal Facility Extension • Ditch Systems • 6 Ditch and Culvert Improvement Projects($2.1 M) • 13.2 Miles Ditch Completed(Zones E,K,A&I) • Pump Stations • 16'"Street Stormwater Pump Station Improvements • Supervisor Control Alarm and Data Acquisition System(SCADA) • Electrical System Upgrades for 4 Pump Station • Major Pump Station Rehabilitation Under Construction • Federal Protects • 31 Stair nosings replaced and 70 Boardwalk Repairs Completed($1.5M) • Street Sweeping • 11 Sweeper Cycles Completed • 46.5K CY Debris Removed • Inspection and Spills • 163 Service Request for spills($31 K) • 839 BMP's Inspected 21 Here is the Summary of Needs listing for additional funds necessary to meet program goals: SUMMARY OF NEEDS Additional Funds PIPE CLEANING/REHABILITATION>90 year cycle $8.5M/yr Goal:15 Year Cycle CAVEINS>8 month backlog $9M(One Time) Goal:2 Month Backlog r-- LAKE DREDGING>95 year cycle $2.3M/YR Goal:50 Year Cycle CANALS>98 year cycle $2M/YR Goal:25 Year Cycle DITCHES>12 year cycle $5.9M/YR Goal:8 Year Cycle BEACH EROSION/HURRICANE PROTECTION $350K/YR Requirement:2 Year Repair Following Inspection BMP MAINTENANCE $1.2M/YR Goal:20 Year Cycle Estimated Totals $20.3M/YR & $9M One Time Cost 22 November 13, 2018 13 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#68568 (Continued) =h. WRAP UP ❑Pro-Active maintenance efforts U Reduction of backlog and maintenance cycles U Expand canal maintenance U Dedicated funding for BMP maintenance 23 DISCUSSION - Green Run#2 February 16,2018 24 Mayor Jones expressed his appreciation to Mr. Johnson and Mr. Koetter for the presentation. November 13, 2018 14 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 4:41 P. M. Mayor Jones welcomed Andrew Friedman, Director — Housing and Neighborhood Preservation. Mr. Friedman expressed his appreciation to the City Council for their continued support. The research into the number of homeless in different cities was conducted by Elizabeth Spach, Project Intern, UVA Graduate Student: Homeless Intervention Analysis of Selected U.S. Cities and Counties 2010-2017 Informational Briefing for City Council November 13,2018 Ifousing Rt Andrew Friedman,Director of Housing&Neighborhood Preservation 1\ Preservation od Research and Presentation by Elizabeth Spach,Project Intern,UVA Graduate Student Here is the Presentation Overview: Presentation Overview National Models and Best Practices MEW November 13, 2018 15 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Here are a few examples of other cities reporting Homelessness in the Media: Homelessness in the Media o itl«, gam. n<;ia yttentbort as housing prices rise and homeless populations increase "In the Bay Area, Households Making$117,000 Are Now Considered Low income"(Fortune,June 2018) "LA's Mayor Garcetti signs order fast-tracking homeless shelters" (Daily News,May 2018) p"King County needs to spend$400 million a year to solve homeless crisis, new report says(Seattle Times, May 2018) \ Citieswith Rising Netion.I PufPOse o/SIudY / Homsleurwss > PrMoaRrcedeiss&Best > >Key Takeaways / Between 2010-2016, national homeless trends decreased 15%with a slight increase in 2017: National Homeless Trends the number of homeless people decreased by 15 percent nationally from 2010-2016 with slight increases from 2016-2017 US Homeless Population 2010-2017 660000 637077 640000 `3788 621553 620000 600000 591768 576450 580000 564708 560000 549928 553742 540000 520000 500000 2010 2011 2012 2013 2014 2015 2016 2017 Purpose of5tudy Citieswah Rising NatrondMod=s&Best KaY Takeaways NomNesvrss PrecNces November 13, 2018 16 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) This chart depicts a comparison of homelessness with rising and decreasing trends in six(6)different cities. Virginia Beach has the lowest trend with eight(8) out of every 10,000 people being homeless: Trends by Locality 6y iuc., y i s ctd,tilat some are performing significantly better,or worse,than others Homeless Persons per 10,000 People Homeless Persons per 10,000 People Cities with Rising Homelessness Cala va h Decreasing Homelessness (New bit Cita Seattle,Los Angeles) (Charlotte,Houston,Virgil*Buds) so 103 40 7s 30 54 -_'53 10 ------- 17 16 7s to v e 0 0 2010 2011 2012 7013 2014 1315 3016 2017 2010 2011 2012 2013 2014 2013 1016 2017 --New York --Seattle ------los Angeles National Average -Charlotte-Houston-Virgin..Beach National Average Purpose of Study Citiaa wnh Rising > Nationa!Modais&Bast /*Takeaway, > Xomalessrxu Practlus Here are the two (2)objectives of the study: Purpose of Study Objective One Objective Two To better understand why some To compare Virginia Beach to national communities are experiencing crisis models in light of best practices. level increases in homelessness and others decreases. Note:This study does not make causal claims but identifies correlations between interventions and homeless outcomes. Further empirical research would be needed to isolate any individual causes. Cities with Rising National Modals&Bast Kay Ta Waway Xomeleurrss Pnctius November 13, 2018 17 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Here are the Methods and Data Sources used in the study: Methods and Data This study utilized a variety of data sources to identify homelessness trends including newspaper articles,Point in Time Counts(PTC),and census data. Data Sources I Newspapers and Studies Point in Time Counts Census Data (best practices) (homelessness trends) (population and housing trends) Choosing Localities to Study Struggling Localities: National Models: Seattle,Los Angeles,New York City Charlotte,New Orleans,Houston,Atlanta National Models gest Key Takeaways Nomelauness Prlat. The next three(3)slides show cities with rising homeless populations: Cities with Rising Homeless Populations with Rsrr,g Nat one.Modes&Sett Kay Takea.•.Sys t H�milc,s,i.�. Pract.ces November 13, 2018 18 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Seattle, WA reported 11,643 in homeless populations with 50%unsheltered: Seattle,WA Seattle Homeless Population 2010-2017 15000 11643 Seattle's homeless population increased 30 percent in 10000 902 8919 3 years to over 11,500 people 5000 Almost 50%of Seattle's homeless population is ° unsheltered 2010 2011 2012 2013 2014 2015 2016 201/ Seattle Homeless Population Unsheltered 2010-2017 A majority of Seattle's homeless population consists of 1500 single adults 10000 5040 ® • 111 2010 2011 2012 2013 2014 2015 2016 2017 ■Unsheltered Sheltered Los Angeles, CA reported 55,188 in homeless populations with 75%unsheltered: Los Angeles,CA Los Angeles Homeless Population 2010-2017 60,2Ju 55198 50000 41174 43854 40000 33243 34622 31553 35524 Since 2014,Los Angeles'homeless population has 30000 --�� grown almost 40 percent to over 55,000 20000 10000 0 . Almost 75 percent of the total homeless population is 2010 2011 2012 2013 2014 2015 2016 2017 unsheltered Los Angeles Homeless Population Unsheltered 2010-2017 60000 • From 2010-2017 chronic homelessness increased over 85 percent 40000 2010 2011 2012 2013 2014 2015 2016 2017 ■Unsheltered Sheltered Naton.IModen88est . r.. .. VtM6<es November 13, 2018 19 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) New York City, NY reported 76,501 in homeless populations with 95%sheltered: New York City, NY New York City Homeless Population 2010-2017 100001 20000 6761015133)1573-=1 61060 60000 53187 57233 66673 New York City's homeless population has steadily moon grown since 2011 to over 75,000 30000 0 7010 2011 2012 2013 2014 2015 2016 2/12 Roughly two-thirds of New York City's homeless NYC Homeless Population Unsheltered 2010-2017 population consists of families with children aOal0 70000 60000 . 95 percent of its homeless are sheltered because of socco moon New York's right to shelter law 30000 20000 200000 X21}: 3936 2920 7011 2017 2013 7014 2015 2016 7070 Cities with Rising National Models&Bast Po,pose of Study Homelessness i1acIKM Key Takeaways The next three (3)slides are factors contributing to rising homelessness: Factors Contributing to Rising Homelessness: 1.Economic Growth and Affordable Housing Shortages Los Angeles Monthly Median Income 2010-2016 Los Angeles Median Rent 2010-2016 (in dollars) (in dollars) 5200 5087 1500 1218 1241 5000 "+�.` 4829 4800 �� 1000 4600 925 :-- 4761 500 4400 4610 4200 0 2010 2011 2012 2013 2014 2015 2016 2010 2011 2012 2013 2014 2015 2016 —Los Angeles — —National Average —Los Angeles — —National Average Baskyro.,,n Purpose of Study Lilies with 1pa��,K National Models&Best Key Takeaways 1100,01easnes8 Practices November 13, 2018 20 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Factors Contributing to Rising Homelessness: 2.Department funding prioritizes emergency shelter and temporary housing instead of permanent housing Seattle Homeless Funding by Program Area NYC Preliminary DHS Budget by Program Area FY2014 lin millions) P12019(in millions) 40 1800 1596 28.69 1600 30 eo0 20 ' 1200 10 7.59 4.56 1002 0 9U0 600 Temporary Permanent Homeless eon Housing Housing Prevention 200 109 85 0 MIN =MI 25 Emergency Administration Outreach Rental Prevention Shelter Assistance IHR. (itir,with Ni,ing .. .... ". tlumele,ness Factors Contributing to Rising Homelessness: 3. Ineffectual Coordinated"Entry Systems Los Angeles Emergency Shelter(ES)Utilization Los Angeles Temporary Housing(TH)Utilization 2010-2017 2010-2017 15000 10000 9°"ti 9933 10000 6237 , . ■ ■ . ■ 5°00 iIIIii . ; 2010 2011 2012 2013 2014 2015 2016 2017 2010 2011 2012 2013 2014 2015 2016 2017 ES Beds Available •People in ES TH Beds Available •People in TH November 13, 2018 21 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) The next three(3)slides show cities with decreasing homeless populations: National Models and Best Practices �. ... .:�� National Mudelz 8 8e.t Charlotte, NC reported 1,476 in homeless populations with 85%sheltered: Charlotte, NC Charlotte Homeless Population 2010-2017 3000 2841 2847 2567 2418 2500 2014 2007 Between 2010 and 2017 the homeless 2000 1818 14,6 population decreased almost 50 percent 15,30 1000 500 Over 85 percent of Charlotte's homeless 2010 2011 2012 2013 2014 2015 2010 2017 population had shelter in 2017 compared to Charlotte Homeless Population Unsheltered 2010-2017 70 percent in 2010 3000 2500 7000 P Charlotte dramatically increased the amount 1003of permanent housing units from 2010-2017 SOO MI 011111 - I MI emai — ea. pa, 2010 2011 2012 2013 2014 2015 2016 2017 •tms8e8ered Sheltered _ t:te.with I0,ing Nat oral Models 8.Best Key Takeaways r�onrele,�nes� Pratt tts November 13, 2018 22 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) New Orleans, LA reported 1,301 in homeless populations with 56%sheltered: New Orleans,LA New Orleans Homeless Population 2010-2017 10(1":'. 8225 8000 6687 After growing 400 percent during the Great 6000 4903 Recession,New Orleans lowered its homeless 4000 1337 19.31 1703 1616 1301 population to pre-2008 levels in 2017 2000 2010 2011 2012 1013 2014 2015 2016 2017 . The number of unsheltered individuals New Orleans Homeless Population Unsheltered 2010-2017 decreased by 90 percent from 2010-2017 10000 e000 6000 . New Orleans experienced the greatest 4000 reductions in chronic homelessness 2000 2010 2011 2012 1013 2014 2015 2016 2011 •unnMaerea S6Ntered Nat(on.T Modals&Best 1, praRi<as Houston, TX reported 3,605 in homeless populations with 79%sheltered: Houston,TX Houston Homeless Population 2010-2017 10000 8471 8000 6368 7181 6359 6000 5308 46M4031 3605 Houston lowered its homeless population by 4000 almost 60 percent in six years 2000 0 2010 2011 2012 2013 2014 2015 2016 2017 In 2014 Houston replaced its fragmented Houston Homeless Population Unsheltered 2010-2017 services system with coordinated entry 10000 8000 6000 The number of unsheltered homeless people 4000 decreased by almost 75 percent after rising 2000 ® � , , . ■ MB to over 4400 in 2011 0 2010 2011 1012 2013 2014 2015 2016 2012 •Um6eke.ed 68,2te1,4 at O'12Mode2s&Best praRi<es November 13, 2018 23 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Atlanta, GA reported 3,572 in homeless populations with 81%sheltered: Atlanta,GA Atlanta Homeless Population 2010-2017 8000 7019 6803 681, Since 2012,Atlanta's homeless population boon 5536 6797 4317 4063 has decreased roughly 50 percent 3572 Between 2010 and 2017 Atlanta's 0 unsheltered homeless population decreased 2010 2011 2012 2013 2014 2015 2016 2117 from one in three to one in five(70 percent) Atlanta Homeless Population Unsheltered 2010-2017 aro 5000 . Atlanta increased the number of permanent .000 supporting housing units to accommodate its 2�0 chronically homeless and severely mentally ill 0 111 111 111 IN III in mil population 1010 0011 20,2 2013 2014 2015 2016 2012 •Unfhenered S eteed (its..with Ri:ing National Modals&Best "' -- "" IO,nrl,„ne,s Practices Virginia Beach reported 349 in homeless populations with 75%sheltered: Virginia Beach in Perspective Virginia Beach Homeless Population 2010-2017 BOO 517 500 427 440 456 440 419 389 3"' 400 Virginia Beach's homeless population 300 decreased 30 percent from 2010 to 2017. 200 100 0 2010 2011 2012 2013 2014 2015 2016 2017 i As of 2017,over 75 percent of Virginia Virginia Beach Homeless Population Unsheltered 2010-2017 Beach's homeless population is sheltered r Virginia Beach has the lowest homelessness rates out of all cities studied 200 100 IS MO iii■ ma mm mm SI 2010 2011 2012 2013 2114 2015 2016 2017 •Unsheteeed bheltertd j wtl.Ri,nig Batons!Modals&Best November 13, 2018 24 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Key Takeaways Nannna1Mod&&Best This shows the success of Houston, TX in decreasing homelessness by nearly 60%by creating a "Continuum of Care"and instituting a coordinated entry process: 1. Coordination and Assessment Reductions in homelessness require regional coordination,> support,and local i*overnmental support Houston Funding Streams,2017 Los Angeles,CA City/county state Federal p,mm, Poor coordination between Los Angeles City and Funding Funding Funding Funding Los Angeles County limits funding available As of 2016,the Housing Authority had no written procedures and not all providers had F n N P Pawner, , 0,n R"" t', u , �i nun, mYMW< access to the system iiiff r,,,<,<„ Houston,TX -- - - Streamlined its homeless services funding in 2012 by creating a Continuum of Care andw instituting a coordinated entry process 28% ; IsebIsbleYYrvuWen 4w',s'-a*'st4 Ehfw/b+letMd '5 �-i' November 13, 2018 25 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Here is Virginia Beach's "Community of One"Coordination process to streamline funding resources and engage stakeholders: CITY OVUM COUNat TOO <phMsl[HE CAVERIIMEf,E Community Coordination in •— Virginia Beach • • DHNP has made significant strides in coordination through working with the Beach Community Partnership and its i "Community of One"plan. xcH Funding is streamlined through the Beach Governing DEPT s 111416.. Board effectively leveraging city,state and federal funds Housnwa IawHBORHOOE; VRES[0.Y4itON • DHNP engages key stakeholders including nonprofits and BEACH a private organizations through the new HRC and VB Home COMMUNITY sEe�Re Now n PARTNERSHIP WIN oEtr.ERv a.... hmormu . DHNP continues to work with regional governments •,,,,�'+,'E' including Norfolk,Portsmouth and Chesapeake • ary • .,o.®Ran /LOOTS TOMO HRS . Here is an overview of the Service Coordination in Virginia Beach: Service Coordination in Virginia Beach Streamlining access to housing and services by calling one How People Access Housing&Services in Virginia Beach number or by visiting the Housing Resource Center Call Regional Housing Utilizing an evidence-based common assessment tool to Crisis Hotline at determine the housing and service needs of households (227-5932) . Managing a by-name list of all of the households who have connected to the system Triage,Assessment, Serving the most- Prevention& vulnerable first and keeping as many people as possible . Managing housing and shelter vacancies on daily basis Diversion* out of homelessness Immediate referrals to available housing and shelter programs to those who are most vulnerable Housing&Services at • Establish system performance measures to ensure the the Housing Resource Center 8,Community efficiency and effectiveness of the system Provider Sites November 13, 2018 26 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) The cities of New Orleans and Charlotte used data evaluation to help reduce homelessness: 2. Data Evaluation billions of dollars in their homeless systems,measurable outcomes and data evaluation are necessary for efficient funding New Orleans,LA New Orleans Data-Driven Website,2018 Housing Department works with NOLAlytics to propose data-related DATADRIYEN projects(including blight abatement) Charlotte,NC . Partners with the UNC Charlotte Urban Institute to conduct annual NOLAlytics affordable housing and Point-in-Time Count reports �lving real-world problems with data Data evaluation is being used in Virginia Beach to better understand why homelessness happens and put methods in place to prevent it. Data Evaluation in Virginia Beach . -less system through several studies and our prevention and diversion program 2017*pa.Midi PointInr]Nr Dots frees Community•f Ow Pion Sources of Homeless Data In Virginia Beach —t • Homeless Intervention Analysis of Selected US Cities (2018) Virginia Beach Housing Needs Assessment,Market • ■v: m , uv Analysis,and Re-Investment Study(2016) > Annual Point in Time Counts MOON.* • HMIS Database • November 13, 2018 27 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Affordable and available housing is a key factor in homelessness: 3. High Rents and Housing Demand .ocial services can contribute to in▪creasing home prices and homelessness. Seattle,WA . Median rent is growing 50%faster than median incomes.The increase of high paying tech jobs has made homes unaffordable for low income workers New York City,NY • New York City is facing an affordable housing shortage as rents increase and wages stagnate.The City lost approximately 150,000 rent stabilized apartments between 1994 and 2014. New Orleans,LA . New Orleans created more affordable housing in high opportunity neighborhoods by leveraging city owned property and public lands in addition to public private partnerships This chart depicts eight(8)cities and the national average for median household income and the median cost of rent: Rents and Housing Demand in Virginia Beach the City should make sure there is enough affordable housing to accommodate demand. Median Household Income by Locality Median Rent by Locality City Median Household Income City Median Rent Seattle 74,458 New York City 1,294 Virginia Beach 67,719 Seattle 1,266 Los Angeles 57,952 Virginia Beach 1,258 Charlotte 55,599 Los Angeles 1,241 National Average 55,322 Atlanta 998 New York City 55,191 Charlotte 966 Atlanta 49,498 National Average 949 Houston 47,010 New Orleans 929 New Orleans 37,488 Houston 898 November 13, 2018 28 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Here is a Summary of Key Takeaways: Summary of Key Takeaways Reductions in homelessness require regional coordination,stakeholder support, and local governmental support The ability to measure outcomes and evaluate data is important for federal funding and effective homelessness services Economic growth and a rise in median incomes without adequate social services can contribute to increasing home prices and homelessness Virginia Beach is ranked#1 in the country for least number of homeless Veterans: Veteran Homelessness in Virginia Beach s^aR�.a,brim pegb.a.PrwPa as Loa tope..CA "i.......: M Long Bead,CA 'a•PvaiAV ltl Fewest Homeless Veterans '91 agataG 791 Sa,P,awm.0 per Veteran Population ("2018's Best&Worst Places for 4T0d"°" Veterans to Live,"Wallet Hub) Lawst Velmie Pepilwee 96 Neet.nt Tt Qraaeeake Vn 97 New Vale M" .t rm.Nsp.w co 99wr:n fi Neees Vn 99 Saes MaG i N.Cweq..M n t ,adeah rt 15.001e,nee Cites with R,sing Nat,onal Models Best Nay Takeaways Homelessness Pract.ces November 13, 2018 29 CITY MANAGER'S BRIEFINGS HOMELESSNESS INTERVENTION IN SELECTED CITIES ITEM#68569 (Continued) Here is the Housing Resource Center Opening Report: Housing Resource Center Opening Report Key Services Delivered During Sept 12-30:201E Service Daily Avg..., Total. Family Interim Housing — 8 families 1 Day Support 21 53 --- Singles Shelter 36 41 5 Apartments 8 S --- Prevention&Diversion — 20 Coordinated Assessment 73 --- --- Integrated Services Referrals — 55 --- HSD Programs — 180 HealthCenter11 32 --- Meals(Breakfast,Lunch,Dinner) -- 1,317 meals -- .."1 Modeh&Beet \ �aceus / Key Takeaway Thank you ! Your questions and comments Elizabeth Spach Andrew Friedman Mayor Jones expressed his appreciation to Mr. Friedman for this informative presentation. November 13, 2018 30 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHS AGENDA HIGHLIGHTS ITEM#68570 5:00 P.M. Mayor Jones welcomed Dannette Smith, Director and Aileen Smith, Deputy Director—Human Services. Mrs. Smith expressed her appreciation to the City Council for their continued support and turned the brief over to Ms. Aileen Smith: ett Human Services Department SkillQuest Services Program Restructure David L Hansen,City Manager November 13,2018 Dannette R.Smith,Director Kenneth Chandler,Deputy City Manager Aileen 1.Smith,Deputy Director Here is an overview of SkillQuest.• SkillQuest SkillQuest is an Adult Day Program has been a part of the City of Virginia Beach's Developmental Services Division since 1990.The original name was simply"Virginia Beach Adult Day Program". The program started with 18 clients and today the program has a total of 55 city positions serving 148 individuals. 141 1 November 13, 2018 31 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHS AGENDA HIGHLIGHTS ITEM#68570 (Continued) Here is the goal of SkillQuest: SkillQuest • The goal of the program is providing an individual plan of care that includes access to the arts and community excursions as well as supporting training in independent skills. • Individuals work with staff members to focus on completing activities of daily living and increasing levels of independence with tasks related to self care. a76. SkillQuest has 148 participants enrolled who are 21 years or older and have a developmental disability: SkillQuest • SkillQuest supports individuals 21 years and older who have a Developmental Disability. • Currently SkillQuest has: 148 participants enrolled 111 of these individuals have a Medicaid Waiver;36 individuals reside in an ICF and 1 individual lives in a nursing home. • SkillQuest's participants have complicated physical and medical needs,thus requiring a higher level of care to include medical care while in services. `;7 November 13, 2018 32 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHS AGENDA HIGHLIGHTS ITEM#68570 (Continued) The redesign of SkillQuest will enhance services and meet the needs of stringent auditors: Why Redesign SkillQuest? • The Human Services Department monitors all programs and continuously makes improvements or enhancements to enrich our service delivery system and provide better services to our citizens. • For all ID Waiver providers,the Department of Behavioral Health and Developmental Services(DBHDS)and the Department of Medical Assisted Services(DMAS)provide regulations and guidelines in regards to community services that are generally amended or improved annually. • DBHDS and DMAS conduct on site auditing of all service providers to ensure compliance with licensing requirements and regulations. SkillQuest is making adjustments to programming based on recommendations related to documentation standards and service provision. Here is an overview of Required Medical Necessity Standards: Required Medical Necessity Standards • More stringent documentation requirements • Treatment plan goals that are specific to skill enhancement • A person centered approach to goal development and delivery • Documenting goals and objectives that are time limited and focus on skill attainment or an increase in independence • Progress notes written daily on each individual attending the program November 13, 2018 33 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHS AGENDA HIGHLIGHTS ITEM#68570 (Continued) Documentation of Services has become a daily requirement and will be built in to the program redesign: Documentation of Services • One of the documentation enhancements has involved the progress notes which need to provide a thorough overview of services/supports based on the individual's service plan. • SkillQuest has significantly changed the format of daily notes several times and additional training has been provided to staff. • The restructuring of the program hours with time built in for active treatment documentation will provide the time needed for continued compliance with requirements. Here are Additional Proposed Changes: Additional Proposed Changes The proposed solution is to restructure the program from two(2)four-hour shifts for clients,to one(1)six-hour shift each day in the program for all clients. This can be accomplished by the following: • Program Alterations: Participants in the behavior program were evaluated and five will be discharged and transitioned to other community providers. • Reduction of hours for some participants:There are 20 participants that have been assessed and will receive a decrease in their weekly schedule. These individuals were identified due to the following factors: Medically fragile Having difficulty engaging in activities - Having difficulty sitting for long periods at me. Currently,these individuals attend five days a week or 20 hours.it is recommended that they be decreased to three days a week or 18 total hours in a week. November 13, 2018 34 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHS AGENDA HIGHLIGHTS ITEM#68570 (Continued) Here is an overview of the Final Restructuring: Final Restructuring Program Room Arrangement: • By discontinuing the behavior program and decreasing days of service the individuals can be accommodated in 10 program rooms and we will be able to continue to offer two large community outing groups. Staffing Considerations: • No additional positions would be required to implement these program alterations by the beginning of January 2019. Individual and Family Considerations: • Individual and family meetings are occurring with case managers to transition to new program hours or another private provider allowing adequate time for transition. Financial Implications: ,11 • The restructure should not negatively impact the current revenue. Questions? tnc November 13, 2018 35 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHS AGENDA HIGHLIGHTS ITEM#68570 (Continued) Ms.Aileen Smith turned the presentation over to Mrs. Dannette Smith to brief the DHS Agenda Items: Human Services DHS Agenda Items Highlights November 13,2018 Department of Human Services Dannette R.Smith,Director Dave L.Hansen,City Manager Kenneth L.Chandler,Deputy City Manager The next four(4)slides provide an overview of the Ordinances on the City Council Agenda for considerations that would approve the necessary funding for Human Services Department to make full- time and part-time positional changes within various programs and purchase software to meet program requirements: \,13 DHS Agenda Items Human November 13,2018 Services The mission of the Human Services Department is to provide Virginia Beach citizens the opportunity to achieve the highest level of self- sufficiency,safety,and quality of life possible through an array of coordinated services delivered in a climate of dignity,respect,and accountability. DHS strives to be flexible and resilient in a climate of changing state mandates and citizen needs,while being mindful or our charge to be good stewards of taxpayer funds.In order to respond to changes nimbly and responsibly,we first look to staffing options within our current appropriation and position complement. In consideration of"8.Ordinance to TRANSFER$809,087 within the Department of Human Services(DNS)re reassign nine(9)tea- time and one(1)part-time positions': All personnel appropriations and positions were previously approved by City Council in the FY 2018-19 operating budget • $396,796 and three(3)full-time positions are being transferred to the Adult Outpatient clinic to support Same Day Access $186,958 and three(3)full-time positions are being re-distnbuted for more balanced administrative support • 5149,995 and two 121 full-time positions are being reassigned in response to an increase In Adult Protective Services reports received 575,338 and one(t)full-time and one Ill part.tlme position are being transferred between Intermediate Care Facilities to meet staff to resident ratio requirements Requires no additional General Fund support 2 November 13, 2018 36 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHSAGENDA HIGHLIGHTS ITEM#68570 (Continued) DHS Agenda Items Human November 13,2018 Services OHS receives annual allocations from the Virginia Department of Social Services(VDSS)through a budget award,and the Department of Behavioral Health and Developmental Services(DBHDS)through the Part C and Performance Contracts.Individual revenue streams within these allocations have varying levels of use restriction,but at their highest levels,5055 funding is received as reimbursement for Social Services activities and DBHDS funding is received in equal payments over the course of the year for use on Community Services Board(CSB)activities.The Children's Services Act(CSA)program receives an annual allocation from the Office of Children's Services (OCS)received on a reimbursement basis.In addition to annual allocations,there are sometimes opportunities to apply for grant funding from the same state departments. HSD receives annual allocation notices from state agencies after the City of Virginia Beach operating budget has been approved by City Council.With the delay in passing the state budget for FY 2019,these notifications were finalized even later than usual.Grants and other first year award opportunities may be presented to DHS anytime during the fiscal year.Increases in annual allocations and new funding are brought forward to City Council for acceptance and appropriation as mid-year budget adjustments. In consideration of"9.Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services(DNS)FY 2018-19 Operating Budget": 9.a.$555,610 and AUTHORIZE eight(8)positions re Financial Assistance Division • VOSS state funding Increase In annual allocation to support Medicaid Expansion activities • Creates 300 new positions state-wide • DHS anticipates 750 additional Medicaid applications per month over next 14 months • Creates eight full-time City positions • Requires no additional General Fund support in FY 2019 • 15.5%local snatch required in out years=$86,121 annually • \IBDHS Agenda Items Human November 13,2018 • Services 9.b.$499,582 and AUTHORIZE one(1)position re support Child Services Act(CSA)Program • OCS state funding increase in annual allocation • CSA is an established strength-based system of care serving at-risk youth and their families • Creates one new full-time City position to meet mandated utilization review requirements$71,652 • Provides$50,000 for purchase order system enhancement to track and report utilization data • Remaining appropriation will be allocated to direct services • Requires no additional General Fund support - 9.c.$260,346 and AUTHORIZE four(4)positions re support Part C Infant Program • $207,265 DBHDS state funding Increase In annual allocation • $46,933 DBHDS federal pass-through funding Increase In annual allocation • $6,148 one-time use of Reserved Fund Balance • The Infant Program Is an established early intervention service for infants and toddlers experiencing developmental delays • Annual awards are based on point-In-time census from previous fiscal year • Additional staffing is needed to meet increasing service demands • Creates four new full-time City positions and eliminates one full-time Contracted Manpower and two part-time City positions • Requires no additional General Fund support November 13, 2018 37 CITY MANAGER'S BRIEFINGS SKILLQUEST/DHS AGENDA HIGHLIGHTS ITEM#68570 (Continued) 1113 DHS Agenda Items Human November 13,2018 Services 9.d.$270,000 and AUTHORIZE five(5)positions re Sante Day Access Initiative DBHDS state funding increase in annual allocation restricted to support one of the System Transformation Excellence and Performance (STEP-VA)initiative which ensures that,during scheduled times,individuals who call In or arrive at the CS8 Outpatient Clinic will receive an assessment that same day Along with an assessment,those individuals will receive an appointment for a direct service within ten days Creates five new full-time City positions Includes$45,000 for building modifications in first year of funding,to be used toward personnel In out-years Requires no additional General Fund support • 9.e.$63,000 and AUTHORIZE one Ili position re support Kinship Navigator Program • VDSS state Grant funds to hire a Contracted Manpower coordinator for the Kinship Navigator program - OHS is fiscal agent for a new regional public-private collaboration that will provide information and support to non-parents who are currently raising a child Continued operation of the program is subject to ongoing grant funding • Requires no additional General Fund support • 9.f, $306,547 re operating costs and support of adoption services • $252,239 VDSS state funding increase in annual allocation will be used for existing adoption services • $46,311 DBHDS state regional funding increase in annual allocation to acquire and support new Service Process Qualify Management (PQM)software • $7,997 081113$federal pass-through funding increase In annual allocation targeting ongoing prevention and treatment of mental health and substance use disorders Requires no additional General Fund support 5 Mayor Jones expressed his appreciation to Mrs. Dannette Smith and Ms. Aileen Smith for the presentation. November 13, 2018 38 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WATER"FESTIVAL ITEM#68571 5:22 P. M. Mayor Jones welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to the City Council for their continued support: "I've learned that no matter how much you love your -, city or your state, no matter ‘ R how connected you think you might be, sometimes A,,olp you have to step outside to see its true potential." -Pharrell Williams Sri Virginia Beach,VA • ' j'l Pharrell Williams has publicly stated Virginia Beach is rich with sporting and musical talent and as a coastal city, as such he has trademarked the term, "Something in the Water": History has made one thing clear to many outsiders looking in at Virginia: There is SOMETHING IN THE WATER. It is UNDENIABLE. November 13, 2018 39 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WATER"FESTIVAL ITEM#68571 (Continued) The slides presented were forwarded by Pharrell Williams'team who are working on plans for a festival to be held in Virginia Beach. The concept is for the festival to be similar to the South X Southwest event in Austin, TX: --WE ARE REATING IRGINIA'S 1^!Fc"r fh,ry't! r^ ,r EFINING FATHERING. HE EAST COAST'S OWN SOUTH X 'SOUTHWEST. e.7 • , 1 The "Something in the Water"Festival is planned for the last week in April at the Oceanfront with the hub of it in the ViBe Creative District; the concept is to make it multi-cultural, multi faceted like something the City has never had before: SOMETHING IN THE WATER is a cultu ral AMUSIC & gathering of music,comedy,art,food, C U LT U REfashion,thought leaders and forward thinking brands.A launching pad for GATH ERI NG exploration and creativity. Spanning across the beautiful city of Virginia Beach from the Waterfront to the convention center hub.The multi- venue,3 day gathering will feature top- tier music pert ormances.in-depth panel discussions,VR&AR installations, sports activities,local art,tastef ully curated cuisine and much more. A family f riend ly,safe environment f or people to touch,see.hear,taste.learn and explore. •WATER November 13, 2018 40 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WATER"FESTIVAL ITEM#68571 (Continued) Here is the Team: THE TEAM ±.kON RON MAT.. VEAZEY LAFFITTE GEIGEk Artist Co-Manager Co-Manager artner,HeaWMd of Music E DONNA MACMILLAN- MEG HAN LEO EMILY W HITAKER DIETER NITZBERG OCKENDEN Community Co-Founder,BWG Co-Founder,BWG Director of Relations Director Production,BWG Here is the Lay of the Land with five(5)venue locations identified in the "pre-permit"phase: LAY OF THE LAND 111 With concerts,egg and Installations all around Virginia Beach-the main hub of venires will be located on the beach and .. throughout the"Vibes Creative Area' `/k�\c\ 1'Virginia Beach Convention Center $ i (Indoor venue;cap 16,500) SA \\\ttt 2 5th 9 Beach gage - :_ (Outdoor venue;cep 20,000) �. 3:17th 9 Park - t1+' � { (Outdoor venue;cap 2,000) 4'.24th 9 Park (Outdoor venue;cap 1,500) 5:Shakes Live (Indoor venue;cap 2001 6 31s1 9.gage (Outdoor venue;cap 2,000) ♦WATER • November 13, 2018 41 CITY MANAGER'S BRIEFINGS "SOMETHING IN THE WATER"FESTIVAL ITEM#68571 (Continued) SOMETHING IN THE Mayor Jones expressed his appreciation to Mr. Williams for the presentation. November 13, 2018 42 CITY COUNCIL COMMENTS ITEM#68572 5:30 P.M. Council Lady Henley understands the construction on the Veteran's Care Center has been delayed until next summer and requested the road work for the entrance to the Veteran's Care Center still be completed in January as scheduled. November 13, 2018 43 CITY COUNCIL COMMENTS ITEM#6873 (Continued) Councilman Moss advised Congress will be reorganizing in January and Congressman Bobby Scott will the Chairman of the Committee for Training and Workforce Development. With regional efforts being made to have a training center to support the Maritime Industry, he encouraged City Council and staff to engage with Congressman Scott in advance of January 3'd November 13, 2018 44 CITY COUNCIL COMMENTS ITEM#68574 (Continued) Council Lady Abbott advised she and Mr. Jimmy Wood, Historical Preservation Commission member, gave remarks during the ceremony for the dedication of the highway marker to commemorate the Skirmish at Kemps Landing. Christopher Pieczynski did the research and development for the text on the highway marker which is located in front of the Emanuel Episcopal Church. Council Lady Abbott encouraged everyone to go see it and noted it is the site of the first Virginian casualty of the Revolutionary War. November 13, 2018 45 AGENDA REVIEW SESSION ITEM#68575 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to APPROPRIATE$24,417,731 for FY 2017-18 School Reversion Funds 2. a. Ordinance to APPROPRIATE$20-Million and TRANSFER $2.4-Million within the Public Utilities FY 2018-19 Operating Budget re First Amendment to Amended and Restated Water Services Contract between Norfolk and Virginia Beach b. Resolution to AUTHORIZE the City Manager to EXECUTE the Raw Water Sales Agreement by and between Norfolk and Virginia Beach 3. Resolution to SUPPORT the ratification by Virginia of the Equal Rights Amendment to the United States Constitution 4. Ordinance to AUTHORIZE one (1) position in the City Manager's Office to provide administrative support to the Mayor, Vice Mayor, and City Council re constituent issues 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Lake Joyce and the 25' strip of land around Lake Joyce located at the rear of 4316 Ben Gunn Road re remove existing bulkhead; and, construct and maintain steps,pier, mooring piles, and riprap 6. Ordinance to AUTHORIZE $25,000 payment from the Cultural Affairs FY 2018-19 Operating Budget to the Virginia Beach Development Authority(VBDA) re ViBe Matching Grants 7. Ordinance to TRANSFER$292,000 within the Sheriff's Office FY 2018-19 Operating Budget re convert five (5)full-time positions to ten (10)part-time positions 8. Ordinance to TRANSFER $809,087 within the Department of Human Services (DHS) re reassign nine (9)full-time and one (1)part-time positions 9. Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS)FY 2018-19 Operating Budget: a. $555,620 and AUTHORIZE eight(8)positions re Financial Assistance Division b. $499,582 and AUTHORIZE one (1)position re support Child Services Act(CSA)Program c. $260,346 and AUTHORIZE four(4)positions re support Part C Infant Program d. $270,000 and AUTHORIZE five(5)positions re support Same Day Access Initiative e. $63,000 and AUTHORIZE one (1)position re support Kinship Navigator Program f $306,547 re operating costs and support of adoption services November 13, 2018 46 AGENDA REVIEW SESSION ITEM#68575 (Continued) 10. Ordinance to ACCEPT and APPROPRIATE$85,108 from the Edward Byrne Justice Assistance Grant re law enforcement purposes ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 November 13, 2018 47 AGENDA REVIEW SESSION ITEM#68575 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. BISHARD HOMES,LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 1416 Mill Dam Road DISTRICT 5—LYNNHAVEN 2. FWM RESIDENTIAL RENTAL PROPERTIES,LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 425 Old Great Neck Road and the southwest adjacent parcel DISTRICT 6—BEACH 3. KIRBOR, LLC for a Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE 4. 27`h %STREET GARAGE,LLC/277w STREET HOTEL ASSOCIATES,LLC for Special Exemption for Alternative Compliance to the Ocean Front Resort District Form-Based Code re total coverage of multi family dwelling units at 2613, 2701, and 2705 Atlantic Avenue, 203 27th Street, and 2701 Pacific Avenue DISTRICT 6—BEACH 5. DAM NECK STORAGE PARTNERS,LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7—PRINCESS ANNE 6. TONYA MITCHELL/BO WANG for Conditional Use Permit re family day-care home at 1501 Three Gait Trail DISTRICT 3—ROSE HALL COUNCIL LADY ABBOTT WILL ABSTAIN ON ITEM#1 COUNCIL LADY WILSON FILED A DISCLOSURE ON ITEM#2 ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO NOVEMBER 20,2018 AN ALTERNATE VERSION OF ITEM#4 WILL BE CONSIDERED ITEM#5 WILL BE CONSIDERED FOR DEFERRAL TO NOVEMBER 20,2018 November 13, 2018 48 ITEM#68576 Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(7) • City Council Transition PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees November 13, 2018 49 ITEM#68576 (Continued) Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:47 P.M. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin Closed Session 5:47 P.M. - 6:00 P.M. November 13, 2018 50 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 13, 2018 6:00 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 13, 2018, at 6:00 P.M. Council Members Present: Jessica P.Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane Out of Town John E. Uhrin Out of Town INVOCATION: Father Robert J. Cole Pastor, Saint John the Apostle Catholic Parish PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), whose Oceanfront Office is located at 303 34`x' Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest, "as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. November 13, 2018 51 Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. November 13, 2018 52 ITEM— VI-E CERTIFICATION ITEM#68577 Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 GoA.Btl rJ OF OUR Nit\OM RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68576 Page 49 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b)only such public business matters as were identified in the motion convening this Closed Session were heard,discussed or considered by Virginia Beach City Council. tan /I/I ta %a Barnes, t- C City Clerk November 13,2018 53 ITEM— VI-F MINUTES ITEM#68578 Upon motion by Councilman Dyer, seconded by Council Lady Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of October 16, 2018 Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent.• Shannon DS Kane John E. Uhrin November 13, 2018 54 ADOPT AGENDA FOR FORMAL SESSION ITEM#68579 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 13, 2018 55 ITEM- VI-H.1 PUBLIC HEARINGS ITEM#68580 Mayor Jones DECLARED A PUBLIC HEARING: FY 2018-19 CAPITAL BUDGET AMENDMENT School Renovation and Replacement Projects There being no speakers,Mayor Jones CLOSED the PUBLIC HEARING November 13, 2018 56 ITEM- VI-H.2 PUBLIC HEARINGS ITEM#68581 Mayor Jones DECLARED A PUBLIC HEARING: FY 2018-19 OPERATING BUDGET AMENDMENT Norfolk-Virginia Beach Water Services Agreement The following registered to speak: Mrs.Marsh, 4382 Lynnville Avenue, Phone:270-7900, spoke in OPPOSITION There being no additional speakers,Mayor Jones CLOSED the PUBLIC HEARING November 13, 2018 57 ITEM- VI-H.3(ADD ON) PUBLIC HEARINGS ITEM#68582 Mayor Jones DECLARED A PUBLIC HEARING: EDWARD BYRNE JUSTICE ASSISTANCE GRANT There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING November 13, 2018 58 ITEM- VI-I ORDINANCES/RESOLUTIONS ITEM#68583 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Items 2a/b, 4 (MOSS VERBAL NAY), 5, 6 (MOSS VERBAL NAY), 7, 8, 9a/b/c/d/e/f and 10 Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 59 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#68584 The following registered to speak: Mrs. Marsh, 4382 Lynnville Avenue, Phone; 270-7900, spoke in OPPOSITION Virginia Wasserberg, 4412 Sanibel Circle#101, Phone; 963-8679, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Lady Henley, City Council ADOPTED Ordinance to APPROPRIATE$24,417,731 for FY 2017-18 School Reversion Funds. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO APPROPRIATE FY 2017-18 2 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on October 9, 2018, the School Board adopted a resolution requesting 5 the City Council re-appropriate funds that lapsed and reverted at the end of FY 2017-18 6 and funds that exceeded anticipated revenue estimates for FY 2017-18; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1 . That$14,637,731 is hereby appropriated to the FY18-19 Operating Budget from 12 the fund balance of the General Fund in the amounts and for the purposes set 13 forth below: 14 15 a. $5,632,731 to School Operating Fund for replacement school buses and 16 other fleet, interactive white boards, equipment for school safety including 17 cameras, computers, and fencing, and replacement furniture for Princess 18 Anne High School; and 19 20 b. $6,800,000 to the School Reserve Special Revenue Fund to cover possible 21 revenue shortfalls in the FY 2019-20 budget; and 22 23 c. $205,000 to the Athletics Fund; and 24 25 d. $2,000,000 to the Risk Management Fund; and 26 27 2. That $9,780,000 is hereby appropriated to the FY18-19 Capital Budget with 28 $6,980,000 to CIP 1-184, Plaza Annex Office Addition, and $2,800,000 to CIP 29 1-003, Renovations and Replacements — Energy Management/Sustainability. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of November , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City -i - 's Office CA14554 R-1 October 26, 2018 — - - -- 0 vivw4timmrt �� VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M.Anderson, Chair Joel A. McDonald, Vice Chair At-Large District 3–Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2–Kempsville District 6–Beach At-Large Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At-Large At-Large District 7–Princess Anne Trenace B. Riggs Carolyn T. Rye Carolyn D. Weems District 1–Centerville District 5- Lynnhaven District 4- Bayside Aaron C.Spence, Ed.D., Superintendent - t BUDGET RESOLUTION REGARDING FY2017/18 REVERSION AND REVENUE ACTUAL OVER BUDGETED FUNDS WHEREAS,on September 25, 2018, the School Board was presented with a summary of the unaudited financial statements for FY 2017/18 (year-ending June 30, 2018) showing the reversion amount to the City's General fund; and 1 WHEREAS,$100,055 reverted from the Green Run Collegiate Charter School fund, $22,334,199 reverted from the School Operating fund and $447,710 reverted from the Athletics fund; and WHEREAS,the estimated total amount available for re-appropriation is $22,881,964; and WHEREAS,the city is currently indicating a FY 2017/18 revenue actual over budget of the revenues included in the Revenue Sharing Formula, of which the Schools' portion is $1,535,767; and WHEREAS,the net reversion funding available for re-appropriation is $24,417,731; and WHEREAS,on October 9, 2018, the School Board supported the priority needs spending plan as proposed by the Administration; and WHEREAS,the Administration recommends the following for the available funds in the amount of$24,417,731: • $6,800,000 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2019/20 School Operating fund 115 • $205,000 to be re-appropriated to the Athletics fund 119 • $2,000,000 to be re-appropriated to the Risk Management fund 614 • $9,780,000 to be re-appropriated to the CIP fund: - Project 1-184, Plaza Annex Office Addition - $6,980,000 - Project 1-003, Renovations and Replacements - Energy Management/Sustainability-$2,800,000 • $5,632,731 to be re-appropriated to the School Operating fund 115 for: - Replacement school buses (regular education) -$2,000,000 - Replacement white fleet vehicles -$750,000 - Interactive white board replacement- $1,500,000 - Safe Schools–cameras, updated computers,fencing, and repositioning the security kiosk- $1,000,000 - New and flexible replacement classroom furniture for Princess Anne High School -$382,731 j 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 www.vbschools.com 11 111Olt* t .. VIRGINIA BEACH CITY PUBLIC SCHOOLS pi ii, 0116. CHARTING THE COURSE School Board Services Beverly M.Anderson, Chair Joel A. McDonald, Vice Chair At-Large District 3—Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2—Kempsville District 6—Beach At-Large Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At-Large At-Large District 7—Princess Anne Trenace B. Riggs Carolyn T. Rye Carolyn D.Weems District 1—Centerville District 5- Lynnhaven District 4- Bayside Aaron C. Spence, Ed.D.,Superintendent I I BUDGET RESOLUTION REGARDING FY2017/18 REVERSION AND REVENUE ACTUAL OVER BUDGETED FUNDS (continued) NOW,THEREFORE, BE IT RESOLVED:That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2017/18 Reversion and Revenue Actual Over Budget funds as presented by the Administration; and be it FURTHER RESOLVED:That the School Board requests that the City Council approve the re-appropriation of FY 2017/18 Reversion and Revenue Actual Over Budget funds shown above; and be it FINALLY RESOLVED:That a copy of this resolution be spread across the official minutes of the School Board, and the Clerk of the School Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 9th day of October 2018 • altdiAavio Beverly M. derson, School Board Chair ATTEST: Dianne P. Alexander Clerk of the Board r � � I 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 — www.vbschools.corn 60 ITEM-VI-12a ORDINANCES/RESOLUTIONS ITEM#68585 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$20-Million and TRANSFER $2.4-Million within the Public Utilities FY 2018-19 Operating Budget re First Amendment to Amended and Restated Water Services Contract between Norfolk and Virginia Beach Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 61 ITEM-VI-J.2b ORDINANCES/RESOLUTIONS ITEM#68586 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE the Raw Water Sales Agreement by and between Norfolk and Virginia Beach Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO APPROPRIATE $20,000,000 TO 2 AND TRANSFER $2,400,000 WITHIN THE FY 2019 3 OPERATING BUDGET OF PUBLIC UTILITIES TO 4 ALLOW EXECUTION OF THE EXTENSION OF THE 5 WATER SERVICES CONTRACT AND THE APPROVAL 6 OF THE NORFOLK-VIRGINIA BEACH RAW WATER 7 SALES AGREEMENT 8 9 WHEREAS, The City's current Water Services Contract with the City of Norfolk 10 expires in 2030; and 11 12 WHEREAS, an amendment to the contract for the storage, treatment and 13 transmission of water from Lake Gaston, and a new agreement for the purchase of surplus 14 raw water from the City of Norfolk have been negotiated, but require the approval of the 15 respective governing bodies of the cities of Norfolk and Virginia Beach; and 16 17 WHEREAS, the amendment to the Water Services Contract specifies that Virginia 18 Beach will provide a $20 million lump-sum payment to Norfolk, funded from net assets in 19 the Water and Sewer Fund, and the Water Sales Agreement provides for the purchase of 20 10 million gallons per day of Norfolk's surplus water. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA 23 BEACH, VIRGINIA, THAT: 24 25 1 . $20,000,000 is hereby appropriated, with net asset revenue increased accordingly, 26 in the Water and Sewer Fund to the FY 2018-19 Operating Budget of the 27 Department of Public Utilities; and 28 29 2. $2,400,000 is hereby transferred within the FY 2018-19 Operating Budget of the 30 Department of Public Utilities to meet the fiscal year obligations set forth in the 31 Water Sales Agreement for the purchase of raw water. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services City =ttorney's Office CA14567 R-2 November 5, 2018 1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE THE EXTENSION OF THE WATER 3 SERVICES CONTRACT AND THE NORFOLK-VIRGINIA 4 BEACH RAW WATER SALES AGREEMENT 5 6 WHEREAS, the City believes that the extension of the current Water Services 7 Contract, and an agreement to purchase 10 million gallons per day of Norfolk's surplus 8 water, furthers the public interest; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 The City Council hereby authorizes the City Manager, or his designee, to execute 14 an amendment to the Amended and Restated Water Services Contract and the Norfolk- 15 Virginia Beach Raw Water Sales Agreement, copies of which are attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFENCY: Ai 1 1 4 c1:IiII) 's_.1`. ku i, 1.1.a.....4„. Department of Public Utile City A ern- 's Office CA14544 R-3 November 5, 2018 FIRST AMENDMENT TO AMENDED AND RESTATED WATER SERVICES CONTRACT BETWEEN THE CITY OF NORFOLK AND THE CITY OF VIRGINIA BEACH THIS contract,originally made as of the 141h day of July, 1993 and amended and restated as of the 14th day of February, 2001 ("Amended and Restated Water Services Contract")and j further amended herein as of the day of , 2018 by and between the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Norfolk" and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,hereinafter referred to as "Virginia Beach"; WITNESSETH: WHEREAS,the Amended and Restated Water Services Contract terminates on June 30, 2030, and both Norfolk and Virginia Beach have determined that it is in their best interests to extend such agreement until 2060; and WHEREAS, the parties hereto have executed a Water Sales Agreement of even date herewith for Norfolk to provide water to Virginia Beach ("Water Sales Agreement"); and WHEREAS,the parties hereto desire to extend the term of the Amended Water Services Agreement as provided herein; NOW, THEREFORE, for and in consideration of the premises and the mutual agreements herein contained and other good and valuable consideration,Norfolk and Virginia Beach do hereby covenant and agree as follows: 1. Section 13 "Term of Contract"of the Amended and Restated Water Services Contract is hereby amended by deleting"June 30. 2030" and substituting in its stead the following: "December 31, 2060(`initial termination date'); provided, however, that this contract shall continue year to year following the initial termination date, unless on or after December 31, 2050, a party provides to the other party a written notice of termination of the contract(the"Termination Notice"). In such a case,the termination date shall be no less than ten(10) years after delivery of the Termination Notice." 2. Section 17.0"Termination by Norfolk"is hereby amended by adding a new paragraph(g)to subsection 17.1 as follows: "(g)Virginia Beach fails to timely cure a material default under the Water Sales Agreement." 3. Section 18.0"Termination by Virginia Beach" is hereby amended by adding a new paragraph (d) to subsection 18.3 as follows: "(d) "Norfolk fails to timely cure a material default under the Water Sales Agreement." 4. Except as provided herein,all other provisions of the Amended and Restated Water Services Contract shall remain in full force and effect. 5. As additional consideration of the foregoing,at the time of execution of this amendment and of the Water Sales Agreement, Virginia Beach shall pay Norfolk twenty million dollars ($20,000,000). IN WITNESS HEREOF,Norfolk has caused this First Amendment to the Amended and Restated Water Services Contract to be signed in its name and on its behalf by Douglas L. Smith, its City Manager, and its corporate seal to be hereto affixed and attested by its City Clerk, pursuant to Ordinance No. adopted by its Council on , 2018; and Virginia Beach has caused this First Amendment to the Amended and Restated Water Services Contract to be signed in its name and on its behalf by David L. Hansen, its City Manager, and its corporate seal 2 to be hereto affixed and attested by its City Clerk, pursuant to Ordinance No. adopted by its Council on ,2018. City of Norfolk By: City Manager ATTEST: City Clerk AP ROV A T j ORM: City Attorney APPROVED AS TO CONTENT: 'I Dir ctor of Utilities City of Virginia Beach By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: Director of Utilities 3 RAW WATER SALES AGREEMENT BY AND BETWEEN THE CITY OF NORFOLK AND THE CITY OF VIRGINIA BEACH KNOWN AS THE NORFOLK-VIRGINIA BEACH WATER SALES AGREEMENT TABLE OF CONTENTS Page SECTION 1 Definitions 1 SECTION 2 Delivery and Sale of Surplus Raw Water . 5 SECTION 3 Water Rates and Charges 6 SECTION 4 Reductions and Curtailments 7 SECTION 5 Term of Agreement 12 SECTION 6 Termination by Norfolk . 13 SECTION 7 Termination by Virginia Beach . 15 SECTION 8 General Terms and Conditions 16 EXHIBIT A CPI Adjustment Factor and Examples A-1 EXHIBIT B Norfolk City Code § 46.1-54 B-1 NORFOLK-VIRGINIA BEACH RAW WATER SALES AGREEMENT THIS Agreement, made as of this day of , 2018, by and among the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Norfolk", and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Virginia Beach" (each a "Party" and collectively the "Parties") and known as the "Norfolk-Virginia Beach Raw Water Sales Agreement"and referenced herein as"Agreement". WITNESSETH: WHEREAS, Virginia Beach desires to purchase raw water from Norfolk's available surplus raw water supply and Norfolk desires to sell such raw water to Virginia Beach;and WHEREAS,the.Parties desire that this Agreement be co-terminus with the Amended and Restated Water Services Contract as amended by the Parties through the date hereof("Water Services Contract"). NOW, THEREFORE, for and in consideration of the premises and the mutual agreements herein contained and other good and valuable consideration, the Parties do hereby covenant and agree as follows: 1.0 Definitions. 1.1 "Actually Used Amount" means the amount of raw water (or, in the case of a treated water sale by Norfolk, the equivalent amount of raw water) from the Norfolk Water System delivered to any Contract Customer expressed in MGD on an average day basis, for the Fiscal Year immediately preceding the Safe Yield Reduction Year. This term does not include raw water provided by Virginia Beach to be treated under the Water Services Contract or raw water from another customer's own water supply for which Norfolk supplies solely wheeling and/or treatment services. 1.2 "Average Day Amount" means ten (10.00) MGD of Surplus Raw Water averaged over a Billing Month as adjusted under the provisions of Section 4 below. 1.3 "Billing Month" means that period of time from the beginning of the first Day of a calendar month to the end of the last Day of a calendar month. 1.4 "Contract Customer" means any current or future customer, other than persons or entities supplied by the Norfolk Amount, to which Norfolk sells or delivers raw or treated water, whether or not pursuant to a written agreement, excluding raw water provided by Virginia Beach to be treated under the Water Services Contract or raw water from another customer's own water supply for which Norfolk supplies solely wheeling and/or treatment services. 1.5 "CPI" means the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average annual values for the twelve (12) months, January through December, for the calendar year, all items, not seasonally adjusted (1982-84=100), published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if publication of the aforesaid index is discontinued, such substitute index, as mutually agreed upon by the Parties, published by a reasonable and recognized authority most closely approximating the result which would have been achieved by the aforesaid index. 1.6 "CPI Adjustment Factor" means a factor representing the year-to-year percentage change of the CPI for each calendar year during the term of this Agreement. For purposes of this definition, in no event shall the CPI Adjustment Factor be less than 1.00000. 1.7 "Day" or "Daily" shall mean, unless the context directs otherwise, that period of time from 12 o'clock midnight to the following midnight on any calendar day. 2 1.8 "Delivery Point" shall mean the Lake Prince reservoir owned by Norfolk and located in the City of Suffolk,Virginia, or any other location in Norfolk's Raw Water system. 1.9 "Fiscal Year" means July 1 through June 30 of the following calendar year. For example, Fiscal Year 2019 shall mean the twelve-month period beginning on July 1, 2018, and ending on June 30, 2019. 1.10 "MGD"means million gallons per Day. 1.11 "Monthly Water Payment Amount" means the product of the Average Day Amount times the number of Days in the applicable Billing Month times the applicable Water Rate. 1.12 "Norfolk Amount" means the greater of(a) 50 MGD or (b) the amount of raw water used to supply persons or entities in Norfolk and Norfolk's United States Government customers and used to supply treated water to the City of Chesapeake (not to exceed 4 MGD), expressed in MGD on an average Day basis, for the Fiscal Year immediately preceding the Safe Yield Reduction Year. 1.13 "Norfolk Water System" means the system of water facilities owned, operated or controlled by the City of Norfolk. 1.14 "Safe Yield" means the maximum sustainable raw water withdrawal rate, expressed in MGD, as determined by Norfolk's independent licensed professional engineer in accordance with applicable law and regulations, which is available to Norfolk from its water supply that is owned and freely alienable by Norfolk during the worst drought of record in Virginia since 1930. Water supplied by a third party and wheeled, treated or untreated, by Norfolk shall not be included in Norfolk's Safe Yield. 3 1.15 "Safe Yield Reduction Year" means the Fiscal Year in which Norfolk implements any reductions in the Contract Amounts pursuant to Subparagraph 4.2(d) subsequent of Norfolk's notification to Virginia Beach. 1.16 "Surplus Raw Water" means the amount of raw water expressed in MGD, as determined by Norfolk, equal to the difference between (i) the Safe Yield of the Norfolk Water System, and(ii)the Norfolk Amount. 1.17 "Tier 1" means the first level of action for addressing a Safe Yield reduction under Subparagraph 4.2(d)based upon the Unused Uncontracted Amount. 1.18 "Tier 2" means the second level of action for addressing a Safe Yield reduction under Subparagraph 4.2(d)based upon the Tier 2 Unused Amounts. 1.19 "Tier 2 Unused Amount" means the Ultimate Average Day Amount minus the Tier 2 Used Amount. 1.20 "Tier 2 Used Amount" means the amount of raw water (or, in the case of a treated water sale by Norfolk, the equivalent amount of raw water) from the Norfolk Water System obligated by Norfolk to be delivered to any Contract Customer, expressed in MGD on an average Day basis, in the Fiscal Year immediately preceding the Safe Yield Reduction Year. Under this Agreement such amount for Virginia Beach shall be equal to the Average Day Amount of 10.00 MGD. This term does not include raw water provided by Virginia Beach to be treated under the Water Services Contract or raw water from another customer's own water supply for which Norfolk supplies solely wheeling and/or treatment services. 1.21 "Tier 3" means the third level of action for addressing a Safe Yield reduction under Subparagraph 4.2(d)based upon the Actually Used Amounts. 4 1.22 "Ultimate Average Day Amount" means the maximum Average Day Amount of raw water(or, in the case of a treated water sale by Norfolk, the equivalent amount of raw water) that Norfolk has obligated itself to provide to a Contract Customer during the contract term. Under this Agreement such amount for Virginia Beach shall be equal to the Average Day Amount of 10.00 MGD. Under the Chesapeake Agreement unless later modified by a contract amendment, such amount for Chesapeake shall be equal to 10.00 MGD. Under the agreement between Norfolk and Western Tidewater Service Authority, et als. dated September 29, 2009, unless later modified by a contract amendment, such amount shall be equal to 15.00 MGD. 1.23 "Unused Uncontracted Amount" means the Safe Yield of the Norfolk Water System minus the sum of the Norfolk Amount and the Ultimate Average Day Amounts. 1.24 "Water Rate" means the monetary rate charged by Norfolk to Virginia Beach expressed in dollars per thousand gallons of Surplus Raw Water as determined pursuant to the provisions of Section 3 below. 2.0 Delivery and Sale of Surplus Raw Water. 2.1 Purchase and Sale Obligations. Beginning on January 1, 2019, and subject to the other provisions of this Agreement, during each Billing Month of the Term, Norfolk agrees to sell and Virginia Beach agrees to purchase the Average Day Amount of Surplus Raw Water with title to such water to transfer at the Delivery Point. Upon delivery,the storage and treatment of such water and subsequent transfer of treated water to Virginia Beach shall be under the terms of the Water Services Contract. 2.2 Limitations on Warranties. It is expressly understood and agreed by all Parties that Norfolk is supplying raw water, and therefore with respect to the quality of such water and 5 except as otherwise required by Section 4 of the Water Services Contract, NORFOLK MAKES NO EXPRESS WARRANTY AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.3 Contamination. Norfolk and Virginia Beach agree to notify each other immediately upon learning of any known or suspected event, whether by accident or deliberate act of sabotage or terrorism to the Norfolk Water System or any other condition, that may significantly impact the quality of raw water delivered to Virginia Beach. 3.0 Water Rates and Charges. 3.1 Water Rate. The Water Rate effective July 1, 2018, shall be $1.31 per thousand gallons. On the first Day of each Fiscal Year beginning July 1,2019,the prior Fiscal Year Water Rate shall be adjusted by multiplying such Water Rate by the CPI Adjustment Factor as shown on Exhibit A. In no case shall the Water Rate decrease from the previous Fiscal Year. 3.2 Water Payment Calculations. Upon receipt of an invoice from Norfolk, Virginia Beach shall pay to Norfolk, an amount equal to the Average Day Amount multiplied by the number of days in the Billing Month multiplied by the Water Rate. Such amount shall be due within thirty(30)days of receipt of invoice from Norfolk. 3.3 Method of Payment. Payment of all amounts shall be made, at Norfolk's election, by ACH, direct deposit or other form of electronic transfer. In the event that Norfolk elects for electronic transfer, Virginia Beach shall have the obligation to verify that such transfer has been timely and properly completed, and shall notify Norfolk promptly of any failure of the system to complete the timely transfer of the amount due. Norfolk agrees, to the extent reasonable and practical, to harmonize billing and payment practices in place for the Water 6 Services Contract. Virginia Beach agrees, to the extent reasonable and practical, to cooperate with Norfolk to achieve an efficient, accurate and reliable billing system. 3.4 Interest. Virginia Beach agrees that, in the event Virginia Beach fails to make payment when due, and such failure is not due to the fault of the electronic transfer system after Virginia Beach has followed the procedure set forth in paragraph 3.3,Norfolk shall be deemed to have loaned the unpaid sum to Virginia Beach at an interest rate of 0.83% per month for each month or portion thereof that such billing, including accrued prior interest charges, remains unpaid. 4.0 Reductions and Curtailments. 4.1 Causes for Reductions. Norfolk's obligation to deliver the Average Day Amount as provided in Paragraph 2.1 shall be excused, either partially or wholly, during the following circumstances: (a) a decrease in the amount of Surplus Raw Water available, as set forth in Paragraph 4.2; (b) a facility or equipment failure that reduces or limits Norfolk's ability to deliver Surplus Raw Water, as set forth in Paragraph 4.3; (c)a drought occurrence, as set forth in Paragraph 4.4; or (d) a force majeure event or circumstance as set forth in Paragraph 4.5. Before Norfolk invokes this Paragraph 4.1, Norfolk shall provide notice to Virginia Beach promptly in writing that it will be reducing deliveries to Virginia Beach. In such notice,Norfolk shall indicate whether it will be curtailing all deliveries to Virginia Beach or only reducing deliveries to Virginia Beach. If Norfolk provides notice that it will be reducing deliveries to Virginia Beach, it shall also provide in the same notice or as quickly as is known the availability of and the amount of lesser capacities of raw water. If Norfolk is able to deliver lesser amounts during a reduction, Norfolk shall deliver to Virginia Beach those lesser amounts. Norfolk shall 7 take all reasonable steps to fully restore the delivery of water to Virginia Beach as expeditiously as possible. 4.2 Sufficiency of Surplus Water Supply. (a) Norfolk warrants and represents to the best of its knowledge that as of the date of this Agreement Norfolk's current total Surplus Raw Water supply is sufficient for Norfolk to perform its obligations under this Agreement to deliver the Average Day Amount. (b) Norfolk shall use its best efforts to avoid any future obligations to provide Surplus Raw Water that would prevent Norfolk from supplying the Average Day Amount. For purposes of this Subparagraph 4.2(b), Norfolk shall take into account (i) its then existing Safe Yield, (ii) all of Norfolk's then known or anticipated water needs required to supply Norfolk and its United States Government customers, (iii)the Average Day Amount committed to Virginia Beach under this Agreement, (iv) any other then existing obligations of Norfolk to supply water and (v) operational limitations such as known or anticipated water quality concerns. (c) The Parties acknowledge that Norfolk's Safe Yield may increase or decrease in the future and that such increase or decrease may affect the amount of Surplus Raw Water available for delivery by Norfolk to Virginia Beach. Norfolk shall take all reasonable and appropriate actions necessary to avoid any decrease in the Safe Yield of its water system to an extent that any decrease would interfere with Norfolk's delivery of, or ability to deliver, the Average Day Amount to Virginia Beach. Virginia Beach agrees to cooperate with Norfolk and support such actions to avoid the decrease in Safe Yield. (d) If (i) Norfolk's Safe Yield is reduced, either in the sole, reasonable opinion of Norfolk using generally accepted engineering and water management practices or based on action by any governmental authority (other than Norfolk) with jurisdiction and (ii) it is beyond 8 the reasonable control of Norfolk to prevent such reduction, the Average Day Amount which Norfolk is obligated to deliver to Virginia Beach may be reduced, in whole or in part, as follows: (A) Norfolk Amount — In the event of a Safe Yield reduction under this Subparagraph 4.2(d), Norfolk shall not be required by this Agreement to reduce the Norfolk Amount. (B) Allocation of Reductions to Contract Customers — In the event of a Safe Yield reduction under this Subparagraph 4.2(d),reductions shall be made in the following order: (1) Tier 1 — The Unused Uncontracted Amount shall be used first to satisfy the Safe Yield reduction. (2) Tier 2 — If the Safe Yield reduction cannot be fully addressed under Tier 1, the Tier 2 Unused Amounts (as of the Fiscal Year immediately preceding the Safe Yield Reduction Year) shall be used second, on a pro rata basis, to satisfy the Safe Yield reduction. (3) Tier 3 — If the Safe Yield reduction cannot be fully addressed under Tier 2, the Actually Used Amounts (as of the Fiscal Year immediately preceding the Safe Yield Reduction Year) shall be reduced third, on a pro rata basis, to satisfy the Safe Yield reduction. For purposes of apportioning reductions under this Subparagraph 4.2(d), the Ultimate Average Day Amount for the City of Chesapeake ("Chesapeake") under the Chesapeake Contract shall be deemed to be 10.00 MGD, and in no event shall this Subparagraph 4.2(d) be construed to allocate to the City of Chesapeake any less Surplus Raw Water than it would have received through application of Paragraph 7.2 of the Chesapeake Contract. 9 Norfolk shall notify Virginia Beach in writing as soon as practicable of any proposed reductions in the Average Day Amount pursuant to this Subparagraph 4.2(d). Such notice shall include the proposed effective date of such reduction and the proposed revised Average Day Amount. In the event that Norfolk reduces the Average Day Amount by reason of this Subparagraph 4.2(d), it shall not sell or offer to sell any portion of its Surplus Raw Water (other than water sold under then-existing contracts subject to the apportionment established in this Subparagraph 4.2(d)) unless and until the full Average Day Amount of 10.00 MGD has been restored. 4.3 Facility or Equipment Failure. In the event of facility or equipment failure or electrical outage affecting the Norfolk Water System that is outside Norfolk's ability to control and negatively impacts the ability of Norfolk to supply Surplus Raw Water to Virginia Beach under this Agreement, Norfolk shall notify Virginia Beach in writing as soon as practicable of such event. To the extent practicable, Norfolk shall estimate the anticipated reduction in Contract Amounts, expressed in MGD, to be delivered and the duration of the reduction. Norfolk will exercise its reasonable best efforts, consistent with good management practices, to alleviate the problem, by making necessary repairs, providing adequate replacements, or by any other reasonable means. 4.4 Drought. In the event that Norfolk invokes water conservation measures on its own customers due to a drought under the provisions of the Norfolk City Code, commonly referred to as Norfolk's Water Conservation Ordinance, Norfolk may reduce the amount of Surplus Raw Water that Norfolk is obligated to deliver to Virginia Beach, as follows: (a) Declaration of Condition 1: No reduction in the flow of Surplus Raw Water to Virginia Beach by Norfolk from the Contract Amounts; 10 (b) Declaration of Condition 2: Norfolk may reduce the flow of Surplus Raw Water to Virginia Beach to 90%of the Contract Amounts; (c) Declaration of Condition 3: Norfolk may reduce the flow of Surplus Raw Water to Virginia Beach to 75% of the Contract Amounts; (d) Declaration of Condition 4: Norfolk may reduce the flow of Surplus Raw Water to Virginia Beach to whatever level below the Contract Amounts that it determines to be necessary to meet the conditions of such declaration. For purposes of this Paragraph 4.4, Conditions 1 through 4 shall have the meaning as stated in the version of Norfolk City Code § 46.1-54 as of the date of this Agreement, a copy of which is attached as Exhibit B. In the event that a declaration of Conditions 2, 3,or 4 is made by the Norfolk City Manager, Norfolk shall notify Virginia Beach of the reduction up to the amounts specified in Subparagraphs 4.4(b) through 4.4(d) expressed in MGD and the effective date of such reduction. If Norfolk declares Condition 1 or Condition 2, Virginia Beach agrees to invoke those conservation measures in its conservation program or code that is comparable to Norfolk's Condition 1 or Condition 2. If Norfolk declares Condition 3 or Condition 4, Virginia Beach agrees to discuss with Norfolk ways to implement regionally consistent conservation measures meant to address critically or drastically limited water supplies as quickly as possible. 4.5 Force Majeure. Norfolk may reduce the amount of raw water it is obligated to deliver to Virginia Beach during events or conditions of force majeure beyond the reasonable control of Norfolk (other than events or conditions addressed by Paragraphs 4.2 through 4.4) which reduce or stop the delivery of water to the Delivery Point, including, acts of God, strikes, lockouts, acts of a public enemy, wars, blockades, insurrections, riots, acts of terrorism, 11 epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests, restraints of the rules and people, civil disturbances. or explosions. 4.6 Shortfall Delivery and Credit. Virginia Beach shall not be required to pay for any Surplus Raw Water that Norfolk is unable to provide during a Billing Month. The Average Day Amount defined in Definition 1.2 and used to determine the Water Payment Calculation in Subsection 3.2, will be calculated to properly account for any shortfalls below the 10.00 MGD maximum. 4.7 Curtailment Avoidance. In order to mitigate the impact of any curtailment as set forth in this Section 4, Norfolk may require Virginia Beach to supply available additional water from Lake Gaston as set forth in Subsection 2.4 of the Water Services Contract and any such water provided by Virginia Beach is excluded from the 10.00 MGD. Norfolk and Virginia Beach agree that this Water Sales Agreement is for the purchase of up to 10.00 MGD of Surplus Raw Water by Virginia Beach from Norfolk at the Delivery Point. If for any reason Norfolk is unable to deliver any portion of the Surplus Raw Water to Virginia Beach, Virginia Beach may provide additional Lake Gaston Water to Lake Prince pursuant to Subsection 2.4 of the Water Services Contract, in lieu of the Surplus Raw Water that Norfolk is unable to provide. Virginia Beach will not be required to provide any more water from Lake Gaston than it would otherwise be required to provide pursuant to its obligations under the Water Services Contract. 5.0 Term of Agreement. This Agreement shall be for a term beginning on the date stated in the first paragraph of this Agreement, and ending at midnight on December 31, 2060 ("initial termination date"); provided, however, that this contract shall continue year to year following the initial termination 12 date, unless on or after December 31, 2050, a party provides to the other party a written notice of termination of the Agreement("Termination Notice"). In such case,the termination date shall be no less than ten(10)years after delivery of the Termination Notice; and provided further, however, that any amounts due to Norfolk or credits due to Virginia Beach under this Agreement for the period up to the end of the term shall be due within thirty(30)days of invoice that may be rendered no later than one hundred twenty (120)days following the end of the term. 6.0 Termination by Norfolk. 6.1 Events of Default. In addition to all other remedies provided herein or otherwise available to Norfolk,Norfolk may terminate this Agreement if one or more of the following events of default occurs and is not cured in accordance with this Section: (a) Virginia Beach fails to make one or more payments due under Section 3 above and such amounts remain unpaid at least ten (10) days after notice ("Payment Default"). Timely payment by Virginia Beach, including payments of disputed portions of billed amounts, is an essential condition of this Agreement. (b) Virginia Beach has breached any other material term of this Agreement or any provision of the Water Services Contract. 6.2 Period for Cure of Defaults. In order for termination by Norfolk to become effective, Norfolk must notify Virginia Beach in writing that one of the specific bases for termination referred to in Paragraph 6.1 has occurred ("Termination Notice"). In the event of a Payment Default, termination shall be effective thirty (30) days after Termination Notice unless the default is cured within such time; provided, however, that if two or more Payment Defaults occur within a six (6)month period,Norfolk may terminate the Agreement without necessity of a 13 4 Termination Notice and further right of Virginia Beach to cure. For an event of default under Subparagraph 6.1(b), termination shall be effective sixty (60) days after Termination Notice unless the default is cured within such time. 6.3 Period for Dispute Resolution and Litigation Prior to Termination. In the event that Virginia Beach disputes Norfolk's basis for termination, it shall, prior to the effective date of termination, invoke the dispute resolution procedures set forth in Paragraph 8.5, in which case termination shall not be effective until sixty (60) days after the unsuccessful conclusion of the dispute resolution process. Furthermore, if the dispute resolution process fails to resolve the controversy regarding the basis for termination, and such basis for termination is the subject of litigation between or among the Parties, termination shall not be effective until sixty (60) days after the conclusion of the litigation (including any appeals) in which termination has been approved. Norfolk shall not suspend or terminate the delivery of water to Virginia Beach during the dispute resolution process or litigation as long as Virginia Beach pays the amount claimed in the manner set forth in Paragraph 3.3, including the disputed amount; provided, however, that payment by Virginia Beach of any disputed amount shall not be construed as a waiver of its rights hereunder. 6.4 No Delivery After Termination. Upon the effective date of termination,Norfolk shall have no further obligations or responsibilities to Virginia Beach with respect to any provision of this Agreement, and Virginia Beach shall not be entitled to receive any of Norfolk's Surplus Raw Water provided under this Agreement. 6.5 Other Remedies. Termination by Norfolk shall not preclude Norfolk from pursuing any other legal and equitable remedies available to enforce the provisions of this Agreement or to seek damages available at law including lost revenues. 14 7.0 Termination by Virginia Beach. 7.1 Events of Default. In addition to all other remedies provided herein or otherwise available to Virginia Beach, Virginia Beach may terminate this Agreement, if one or more of the following events of default occurs and is not cured in accordance with this Section: (a) Norfolk does not deliver the Average Daily Demand of Surplus Raw Water as provided in this Agreement and such failure of delivery is not excused under the provisions of Section 4 above. Timely and full delivery of water by Norfolk is an essential condition of this Agreement. (b) Norfolk has breached any other material term of the Agreement. 7.2 Period for Cure of Defaults. In order for termination by Virginia Beach to become effective, Virginia Beach must notify Norfolk in writing that one of the specific bases for termination referred to in Paragraph 7.1 has occurred. Termination shall be effective sixty (60)days after such notice unless the default is cured within such time. 7.3 Period for Dispute Resolution or Litigation Prior to Termination. In the event that Norfolk disputes Virginia Beach's basis for termination, it shall, prior to the effective date of termination, invoke the dispute resolution procedures set forth in Paragraph 8.5, in which case termination shall not be effective until sixty (60) days after the unsuccessful conclusion of the dispute resolution process. Furthermore, if the dispute resolution process fails to resolve the controversy regarding the basis for termination, and such basis for termination is the subject of litigation between or among the Parties, termination shall not be effective until sixty (60) days after the conclusion of the litigation (including any appeals) in which termination has been approved. 15 7.4 Obligations Upon Termination. Upon the effective date of termination by Virginia Beach, Virginia Beach shall have no further obligations or responsibilities to Norfolk under this Agreement except to pay any outstanding amounts due under this Agreement. 7.5 Other Remedies. Termination by Virginia Beach shall not preclude Virginia Beach from pursuing any other legal and equitable remedies available to enforce the provisions of this Agreement or to seek damages available at law. 8.0 General Terms and Conditions. 8.1 Partial Performance. In its performance of this Agreement, Norfolk shall have an affirmative obligation of partial performance where partial performance is possible. 8.1.5 Precedence of Provisions. In the event of a conflict between the provisions of this Agreement and the Water Services Contract, the provisions of the Water Services Contract shall control. Nothing in this Agreement shall invalidate the guarantees and obligations in the Water Services Contract. 8.2 Waivers. Any waiver at any time by any Party of its rights with respect to a default or breach of this Agreement or with respect to any other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default, breach or other matter. Any delay to assert a claim or right, short of the statutory period of limitation in exerting any claim or enforcing any right, shall not be deemed a waiver of such claim or right. 8.3 Condemnation of Norfolk Water System. In the event that part or all of the Norfolk Water System is taken (voluntarily or involuntarily) by an entity other than Norfolk and Norfolk is compensated for such system, or Norfolk is otherwise compensated for all or part of the Norfolk Water System whether by condemnation or otherwise, it is specifically agreed that 16 all such compensation shall inure to Norfolk and that Virginia Beach shall have no right to or interest in such compensation. 8.4 No Verbal Agreement. This Agreement contains all commitments and agreements of the Parties with respect to the sale and transmission of Surplus Raw Water by Norfolk to Virginia Beach, and no verbal or written commitments other than this Agreement shall have any force or effect regarding these Surplus Raw Water sales. 8.5 Dispute Resolution. If a dispute arises among the Parties under this Agreement, the Parties shall seek to resolve the matter by utilizing the following sequence of mechanisms for dispute resolution before any Party seeks or takes legal action in a court: (a) non-binding discussions among the Norfolk Utilities Director and the Virginia Beach Utilities Director and (b) non-binding discussions among the Norfolk City Manager and the Virginia Beach City Manager. Wherever this Agreement provides that any issue or fact be determined by a Party, a consultant and/or the agreement of the Parties and any Party disputes such determination or the Parties cannot agree, then, after resorting to the dispute resolution process specified in this Paragraph 8.5, any Party may institute legal action to resolve such issues in any manner provided for in law or in equity. 8.6 Joint Defense. The Parties agree to cooperate with respect to any claim made by any other jurisdiction asserting that Norfolk does not have the right to sell water in the manner contemplated by this Agreement Norfolk shall have the right to control the appointment of counsel by it, and the conduct of the litigation by such counsel; provided, however, if Virginia Beach chooses to intervene as a party and is allowed by the court to do so or is otherwise named as a party, Virginia Beach may employ separate counsel to represent its interests and shall be responsible for its counsel fees and expenses and the conduct of the litigation by such counsel. 17 8.7 Venue. The Parties agree that this Agreement shall be enforceable in Norfolk, Virginia, and if legal action among the Parties is necessary to enforce it, venue shall lie in the Circuit Court of the City of Norfolk, Virginia. If such legal action is necessary, the Parties further agree that they will jointly request that any judge assigned be from outside Norfolk and not associated with either jurisdiction. 8.8 Governing Law. This Agreement shall be governed in all aspects by the laws of the Commonwealth of Virginia. 8.9 Compliance with Law. The Parties agree that at all times during the performance of this Agreement, each of the Parties will comply with all applicable laws and regulations, federal or state, which apply to their conduct and facilities hereunder and with all court orders issued by a court of competent jurisdiction; provided, however, that in the event of an order, case decision or comparable decision of an administrative agency, or of an order by a court, that interferes with or precludes performance by a Party, such Party shall pursue all available appeals thereof unless waived by the other Parties. If any term or provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefit by either Party hereunder, shall be held by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. It is the intention of the Parties to this Agreement, and the Parties agree, that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, the Parties in good faith shall supply as a part of this Agreement an enforceable clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible. 18 8.10 Captions and Headings. The captions and headings to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 8.11 Notices. Except as otherwise provided herein with respect to oral or written notices, notices required under this Agreement shall be in writing, shall be delivered to all Parties regardless of the subject matter of the notice, and shall be sufficient and deemed provided if delivered in person or mailed by United States Certified Mail, postage prepaid, to the following addresses: Norfolk Virginia Beach City Manager City Manager City Hall Building Municipal Center 810 Union Street 2401 Courthouse Drive Norfolk, Virginia 23510 Virginia Beach,Virginia 23456 cc: cc: Director of Utilities Director of Public Utilities City of Norfolk 2405 Courthouse Drive P. 0. Box 1080 Virginia Beach,Virginia 23456 Norfolk,Virginia 23501 Any address provided herein for receipt of notification may be changed by notification in writing to the other Party. 8.12 Assignment; Binding on Successors. Neither this Agreement nor the rights and obligations hereunder shall be assigned or transferred by either Party without prior written consent of the other Party which consent shall not be unreasonably withheld taking into account the financial strength of the proposed assignee (such consent may require adequate payment guarantees). This Agreement shall inure to the benefit of and be binding upon all successors and assigns of each of the Parties. 19 8.13 Third Party Claims. It is the intention of the Parties that this Agreement is only to the benefit of the Parties hereto and that there are no third party beneficiaries, either express or implied. 8.14 Amendment. This Agreement shall be amended only in writing and signed by the City Managers of Norfolk and of Virginia Beach, or by the approved designee of either of them. IN WITNESS WHEREOF,Norfolk has caused this Agreement to be signed in its name and on its behalf by Douglas L. Smith,City Manager, and its corporate seal to be hereto affixed and attested by its City Clerk, pursuant to Ordinance No. adopted by its Council on the day of , 2018 and Virginia Beach has caused this Agreement to be signed in its name and on its behalf by David L. Hansen, City Manager, and its corporate seal to be hereto affixed and attested by its City Clerk,pursuant to Ordinance No. adopted by its Council on the _day of , 2018. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 20 xk CITY OF NORFOLK By City Manager ATTEST: APPROVED AS TO CONTENT: 41111!"/ City Clerk Di ector of Utilities APPROVED AS TO FORM: W/1/.1City Attorney f ' 21 CITY OF VIRGINIA BEACH By City Manager ATTEST: APPROVED AS TO CONTENT: City Clerk Director of Public Utilities APPROVED AS TO FORM: City Attorney 22 EXHIBIT A CPI Adjustment Factor Example When the CPI has decreased and then has increased, so that for the first time during that period of decrease and increase (such period being the "Fluctuation Period") the net cumulative percentage change in the CPI over the Fluctuation Period is greater than 1.00, the CPI Adjustment Factor shall equal that net cumulative percentage change, where the CPI values to be applied are annual values for the twelve (12) months, January through December, for the calendar year, of applicable years prior to Adjustment Date(s)in question. The table below, shows an example of fluctuation in CPI Adjustment Factors from December 2014 through December 2021. This table is provided only as an example to demonstrate the calculation of the CPI Adjustment Factors under different circumstances. CPI Adjustment Factors and Water Rates Example { Calendar Year CPI Index CPI Fiscal Year Calculated Rate Water Rate 1 Ending Adjustment Ending Factor Dec. 2014 236.74 1.01622 June 2016 1.2699 $ 1.27 Dec. 2015 237.02 1.00119 June 2017 1.2714 $ 1.27 Dec. 2016 240.01 1.01262 June 2018 1.2875 $ 1.29 Dec. 2017 245.12 1.02130 June 2019 1.3149 $ 1.31 Dec. 2018 242.75 1.00000 June 2020 1.3149 $ 1.31 Dec. 2019 243.64 1.00000 June 2021 1.3149 $ 1.31 { Dec. 2020 245.56 1.00180 June 2022 1.3172 $ 1.32 Dec. 2021 248.13 1.01047 June 2023 1.3310 $ 1.33 1 For each Fiscal Year, the Water Rate is rounded to the nearest whole cent. A - 1 EXHIBIT B Norfolk City Code$46.1-54 Sec. 46.1-54. Conditions for the declaration of potential shortage of water. Upon a determination by the city manager of the existence of the following conditions, the city manager shall take the following actions: (1) Condition 1. When moderate but limited supplies of water are available, the city manager shall, through appropriate means, call upon the general population to employ prudent restraint in water usage,and to conserve water voluntarily by whatever methods are available. (2) Condition 2. When very limited supplies of water are available,the city manager shall order curtailment of less essential usages of water, including, but not limited to, one or more of the following: a. The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except watering by commercial nurseries of freshly planted plants upon planting and once a week for five (5) weeks following planting. b. The washing of automobiles, trucks, trailers, boats, airplanes, or any other types of mobile equipment, excepting in facilities operating with a water recycling system approved by the director of utilities, or except from a bucket or other container not exceeding three (3) gallons in capacity; provided, however, that any facility operating with an approved water recycling system shall prominently display in public view a notice stating that such recycling system is in operation. In lieu of the provisions hereof the city manager may curtail the hours of operation of commercial enterprises offering such services or washing their own equipment. c. The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of home or apartments, or other outdoor surfaces, except by commercial washing/cleaning services or except from a bucket or other container not exceeding three (3)gallons of capacity. d. The operation of any ornamental fountain or other structure making similar use of water. e. The filling of swimming and/or wading pools, or the refilling of swimming and/or wading pools which were drained after the effective date of the order. f. The use of water from fire hydrants for any purpose other than fire suppression or other emergency except as authorized by the director of utilities. B - 1 g. The serving of drinking water in restaurants, cafeterias or any food establishment unless requested by the individual. h. The director of utilities may authorize exceptions to the restrictions imposed by conditions 1 and 2. (3) Condition 3. When supplies of water are critically limited, the city manager shall institute mandatory reductions on each customer which include those restrictions applicable to condition 2 as well as reductions of water to each customer as follows: a. At the city manager's discretion, allocations of water to customers shall be based on either a twenty-five (25) percent reduction based on the average of the last twelve (12) months' billing and/or water consumption data available from similar activities of equal intensity. b. The amount of water allocated for consumption shall not be less than fifty (50) gallons per person per day per household. c. If the monthly or bimonthly usage of water as established above is exceeded the customer shall be charged in addition to the regular rate the following charges for excess water use: 1. Any water use over the allocation will be billed at three hundred (300)percent of the current effective water rate as specified b[y] article III, section 46.1-32. d. The above additional charges for excess water usage shall be applicable to bills for service periods beginning on and after the declaration that a potential shortage of water exists. (4) Condition 4. When supplies of water are drastically limited, the city manager may implement such additional restrictions as are determined necessary. B -2 62 ITEM-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#68587 The following registered to speak: Ron Roe, 4832 Brigadoon Drive, Phone: 802-355-0574, spoke in SUPPORT Sara Sanatkar, 5141 Evesham Drive, Phone 637-9737, spoke in SUPPORT Missy Cotter-Smasal, 2537 Ships Watch Court, Phone: 572-2812, spoke in SUPPORT Kimberly Tucker, 1410 Hartlet Court, Phone; 404-9571, spoke in SUPPORT Upon motion by Councilman Davenport, seconded by Lady Abbott, City Council ADOPTED Resolution to SUPPORT the ratification by Virginia of the Equal Rights Amendment to the United States Constitution Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 Requested by Councilmember Davenport 1 A RESOLUTION IN SUPPORT OF RATIFICATION BY 2 VIRGINIA OF THE EQUAL RIGHTS AMENDMENT TO THE 3 UNITED STATES CONSTITUTION 4 5 WHEREAS, the United States Constitution does not explicitly guarantee equal 6 rights and equal protection for the sexes; and 7 8 WHEREAS, the 14th Amendment to the United States Constitution and state 9 constitutional statements of equality generally do not provide the strict scrutiny for sex- 10 based classifications that is provided for classifications based on race, religion, and 11 national origin; and 12 13 WHEREAS, state laws are not uniform, and federal laws are not comprehensive, 14 and these laws can be repealed or reduced; and 15 16 WHEREAS, the people of the United States continue to experience the negative 17 effects of lack of political parity between men and women, workplace discrimination, 18 health care inequities, disparate rates of poverty, rape and domestic violence assaults; 19 20 WHEREAS, the Equal Rights Amendment (ERA) provides that "Equality of rights 21 under the law shall not be denied or abridged by the United States or by any State on 22 account of sex;" and 23 24 WHEREAS, the Amendment would help ensure women and men have the same 25 constitutional protections; and 26 27 WHEREAS, the ERA was passed by Congress in 1972, and has been ratified by 28 37 states, the most recent being Nevada in 2017 and Illinois in 2018; and 29 30 WHEREAS, the time limit for the ERA appears only in the preamble; and 31 32 WHEREAS, Congress presently is considering a bill that removes the time limit 33 for ratification of the ERA; and 34 35 WHEREAS, for 47 years, the Virginia State Constitution has sought to protect 36 Virginians from discrimination by the Commonwealth on the basis of sex; 37 38 NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach 39 supports the ratification of the Equal Rights Amendment; and 40 41 BE IT FURTHER RESOLVED, that the City Council of Virginia Beach urges the 42 General Assembly of the Commonwealth of Virginia to ratify the ERA to the U.S. 43 Constitution, as proposed by Congress on March 22, 1972, during the 2019 legislative 44 session. Adopted by the Council of the City of Virginia Beach this 13th day of November , 2018. APPROVED AS TO LEGAL SUFFICIENCY: -- 70 ,‘/-e W ---- - -- .,-- City Attorney's Office CA14563 R-1 October 31, 2018 63 ITEM-VI-J.4 ORDINANCES/RESOLUTIONS ITEM#68588 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE one (1) position in the City Manager's Office to provide administrative support to the Mayor, Vice Mayor, and City Council re constituent issues Voting: 7-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO AUTHORIZE ONE POSITION IN THE 2 CITY MANAGER'S OFFICE TO PROVIDE 3 ADMINSTRATIVE SUPPORT TO THE MAYOR, VICE 4 MAYOR, AND CITY COUNCIL MEMBERS REGARDING 5 CONSTITUENT ISSUES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. One (1) FTE (Executive Assistant IV) is hereby established in the City 11 Manager's Office to provide administrative support to the Mayor, Vice 12 Mayor, and City Council member regarding constituent issues; 13 14 2. Funding for the position authorized herein is to be provided by the existing 15 appropriations in the City Manager Office's FY 2018-19 Operating Budget; 16 17 3. This ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services _ A orney's Office CA14569 R-1 November 5, 2018 64 TEM-VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68589 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, to AUTHORIZE temporary encroachments into a portion of City property known as Lake Joyce and the 25'strip of land around Lake Joyce located at the rear of 4316 Ben Gunn Road re remove existing bulkhead;and, construct and maintain steps,pier, mooring piles, and riprap The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. November 13, 2018 65 ITEM-VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68589 (Continued) 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built"plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 107(j)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13th day of November, Two Thousand Eighteen. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley,Mayor Louis R.Jones,John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS LAKE 7 JOYCE AND THE 25' STRIP OF 8 LAND AROUND LAKE JOYCE 9 LOCATED AT THE REAR OF 4316 10 BEN GUNN ROAD 11 12 WHEREAS, Vernon Daniel and Jo Ann Daniel desire to remove existing 13 timber bulkhead and to construct and maintain proposed steps, pier, mooring piles and 14 riprap within the City's property known as Lake Joyce and the 25' strip of land around 15 Lake Joyce located at the rear of 4316 Ben Gunn Road. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 25 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Vernon Daniel and Jo 26 Ann Daniel, their assigns and successors in title are authorized to remove existing 27 timber bulkhead and to construct and maintain proposed steps, pier, mooring piles and 28 riprap in the City's property known as Lake Joyce and the 25' strip of land around Lake 29 Joyce as shown on the exhibit entitled: "EXHIBIT A PROPOSED ENCROACHMENT 30 OF RIPRAP, PIER & MOORING PILES IN LAKE JOYCE," dated October 8, 2018 and 31 prepared by Marine Engineering, a copy of which is attached hereto as Exhibit A and on 32 file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and Vernon Daniel and Jo Ann Daniel (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit 40 Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 45 until such time as Vernon Daniel and Jo Ann Daniel and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 13th day of November , 201 8. CA14185 R-1 PREPARED: 10/15/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d015\p030\00510341.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: flid; PUBLIC% ORKS, REAL ESTATE DA A R. HA-In"'' ER SENIOR CITY ATTORNEY 2 10' 0' 10' 20' 40' LAKE JOYCE rila VA BEACH CITY SCALE:1'=40' M.B.31 PG.53 GPIN#1570 80 2438 / /N c PROPOSED RIPRAP o // 51 REVETMENT PROPOSED PIER a a :? ?> / 10' MOORING PILES a — 25'STRIP ',4-,:-.,="0,-, LI m X PROPERTY OF \, 4'' - . VA BEACH CITY ',.'N.. PROPOSED 12' PROPOSED �mmw .� RIPRAP / �s� WAVE / c �� 6 22 BREAK / EXISTING TIMBER BULKHEAD `s4s- 23' TO BE REMOVED FOR DISPOSAL . \ :s?-. "N 'sc...STEPS X2VIP.,4V N .N x25' X \x / / NN / NWL N BAYLAKE PINES SEC 1 LOT 35 BK 1 \ x N/F JOHN C&BETTY L FRISTACHI X N 4320 BEN GUNN RD N x LEGACY NUMBER 200409010139109 N x N GPIN#1479 89 5610 ` MB 31 PG 53 � . x 0000 \ o `. 25'WIDE STRIP '1, ` SCALED FROM PLAT PROPERTY LINE M.B.31 PG.53 N 0 BAYLAKE PINES SEC 1 LOT 36 BK 1 /,oOO N/F VERNON&JO ANN DANIEL 4316 BEN GUNN RD ,....{KV BAYLAKE PINES SEC 1 LOT 37 BK 1 INSTR#20170601000457310 GPIN#1479 89 6505 N/F GLENN R&LINDA L BELL MB 31 PG 53 4312 BEN GUNN RD PIN(F) D.B.4655 PG.1797 GPIN#1479 89 6488 MB 31 PG 53 A�,, 4v,A,TH Op- k.0 % 100 iec) 19'4,.e PROPERTY LINE 0o DAVID KLEDZIK y .e*, 4B Roo,004,, OQ•%- Lk. No. 034674 .07 R- / 40 10/8/2018 1 ACS,0 " :SPIN(F) •C" CS SS7ONAL EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212CT VERNON & JO ANN DANIEL OF V RGIN AOUGHERTY BEACH VA 23455 295 SEABREEZE CT RIPRAP, PIER & MOORING PILES VERO BEACH, FL 32963 IN SHEET 1 OF 1 LAKE JOYCE REV2 DATE: OCT 8, 2018 z+u W w \------------- z— < ZQ H15 o W 88 Z 0 W v Z N W Q to o a O Q 0 0 ti- EX -) Z ' a. m a Z?° ° o 0 Z O W W O ti o 6, t---- Q = Z ZIli 1- CDQZ � Zo' O m a ce0M zx � . W W W o / / 0 U Q x LCL Q i" 'N. ,,,,7 ,,, C C U_ 0. 'N. ,,,, . NN (1) 1:I N. j �N / o y oc /-- ;\ , Z _ C co >> LI 0° H 0t C ,/-.- o r U U T N N o M / Od oLwf poo �, o U r'I 40. C U t 2 a W I- t r 7 d a N a /o J 0 •::7 2 ai ov r Z Q a Antiel F <� .Q4 �' .� 5 . ya „j��"tet ' ,:ii- .._-, - { i740-t-. -.' -:-- _.•itic...„-_,, • ,r � �' •• - � '-'...,-;1!:%:.A.,1.-�� • mss., 4x � f k� � � � ,= , „. ,. .,..,, „...-k„ii.1,•,,,A .a.,.. ..•. , , •,_,*.,..,-,-..,,,., Q _,� ;,,..,--0„-r„ <"rY ' is": .r y fir• j y�,� ..,_-_„,,,,:„..__•„.__•?-„-----:...„---__ „- • • - � �, -' s:..,-.-_,.‹-s.,„ Inir t , Wilk ' CIL fL _ f , �� - , . `� - - ,:!: ••- - _. ___, ._. _,,,,„ .. --,- Z �:=--7=114--.--1-..6..---Ar � �� e c.5 , Bey �" [Y •Q 711P. � 4�i Y��:��` r9,yr Y '+F l--,:,---1_-_,:.3-'_-,-,--...-,,,,,,,,,,-,-;--;.-14,:,,-s §�'x } t CC s +'tt t C N Y/ 0 U W fES m O UO U rl c M W [t r r p_ J _." �`4 , l %rim r, W Z 11,1, , ''''',, ,,,_ - ' , ` i-kii0H1' •• T/1 ,,, r a ',„,v,::. A ,,,,,e46...„, std * it* .;,. .,;.. .v.i?i, -. ;./....174 . ., ,_. --...›, _ 14 ,:' ,.-1, CO Q.' / ', lre, Vp v +r Ax. fff Is ,. ,0 ffg frc�4 ., ' $ * ' (--,, le ' " , ' - -'',.!"----*:: ' :' . 4.1 (.,0 01 QW iCU ` 3/ , - Af, , tar � QJ ' ,',('''sr- _ � E ��' }+ • , -1 .., 4r'x y � Z , mss."t a:' r , V WM CU W O t.0 u rI c M W Cr PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I3 'day of 5 -EMbe , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VERNON DANIEL and JO ANN DANIEL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot Thirty-Six (36), in Block One (1)", as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES PRINCESS ANNE COUNTY, VA", Scale: 1"=100, dated February, 1954, prepared by Frank D. Tarrall, Jr. & Associates Surveyors & Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4316 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove existing timber bulkhead and to construct and maintain proposed steps, pier, mooring piles and riprap, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 - CITY PROPERTY (LAKE JOYCE/25' Strip of Land) GPIN: 1479-89-6505 - (4316 BEN GUNN ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce and the 25' strip of land around Lake Joyce (M.B. 31 PG. 53) the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF RIPRAP, PIER & MOORING PILES IN LAKE JOYCE," dated October 8, 2018 and prepared by Marine Engineering, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, 3 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Vernon Daniel and Jo Ann Daniel, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 rot . �. , / emon 'ani- , Ow e'er • i By Jo A n Daniel, Own: STATE OF CITY/COUNTY OF Vl j.I;P% c h , to-wit: The foregoing instrument was acknowledged before me this 13 ' day of S }-re-Nnbe-2, 2012_, by Vernon Daniel. SEAL) Ni ry Public / NOTARYN/�:'1?, PUBLIC 1.1.1 REG.#7505180 Notary Registration Number: —7506 I$p = 0 MY COMMISSION EXPIRES My Commission Expires: OS/-31/20/20 l cj moo •. 05/31/2019/3,/2o1s 3 :'QCT A , LTH OF ,,.. STATE OF CITY/COUNTY OF Niall .A EEACA-1, to-wit: The foregoing instrument was acknowledged before me this 132 day of S 1-e.r.. o , 201 by Jo Ann Daniel. � (SEAL) rotary Public dp ,„ PB. t'V'''',, P s NOTARY y/�'L'• Notary Registration Number: "--1-- C) \5O 'MYR Puauc rI`. EG #75051 80 My Commission Expires: 6S/ 1 /20101 : 3 I /20I �} O COMMISSION iy ' EXPIRES ' �'• 05/31/2o19 '�j• FgLTH OF ,,.,`'` ,,,,�u u u,,,,,, 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 014 /.. GNAT RE ' • r' :. ' RMEYER, SENIOR C ATTORNEY 0425/h? DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 10' o' 10' 29 40' LAKE JOYCE — — VA BEACH CITY SCALE:1'=40' M.B.31 PG.53 / GPIN#1570 80 2438 o /AN PROPOSED cc � // RIPRAP 22 �• / 51' REVETMENT PROPOSED PIER as ,� 4.._ / Q 7, 25'STRIP .e44..-c.,;..4./.4....`10' MOORING PILES w m• PROPERTY OF '---?..,i;-3'4.. -- 47, m '- VA BEACH CITY mom' PROPOSED � `'. :W `_ a.� 12' RIPRAP .3`tom r .. WAVE / •40.A..;,...,...:.-.1... v; 22' N/ 6 = - 16' BREAK 3' 0 .-4:.;:-: 6' ./ � .Sy, / mhz.EXISTING T BER BULKHEAD \s' 6 4` ,.. 23' // 87:-\'L ` '''''S•:,. 11' / TO BE REMO D FOR DISPOSAL \ \ --•::::•,...... / N STEPS X2 'r S : / N N 25' /X .�•. • / N / NAIL BAYLAKE PINES SEC 1 LOT 35 BK 1 N / \ N/F JOHN C&BETTY L FRISTACHI N N 4320 BEN GUNN RD ' N LEGACY NUMBER 200409010139109 \ \N GPIN#1479 89 5610 . MB 31 PG 53 40 N Oti `. 4 25'WIDE STRIP � ` SCALED FROM PLAT PROPERTY LINE M.B.31 PG.53 BAYLAKE PINES SEC 1 LOT 36 BK 1 '�e0p N/F VERNON&JO ANN DANIEL �, 4316 BEN GUNN RD g BAYLAKE PINES SEC 1 LOT 37 BK 1 INSTRB 20170601000457310 4 N/F GLENN R&LINDA L BELL GPIN M 1479 89 6505 'L MB 31 PG 53 4312 BEN GUNN RD PIN(F) D.B.4655 PG.1797 GPIN#1479 89 6488 MB 31 PG 53 44).. TH op -70,179 6z‹. 'Po °°",, PROPERTY LINE 0o DAVID KLEDZIK SSR ,9 ��0• Lk. Na 034674 4'4'0,,,P,0 10, 10/8/2018 CSS PIN(F) S�ONAL ' EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT 295VERNOSEABREEOZE CT DANIEL RIPRAP, PIER &ANN EMOORING PILES VIRGINIA BEACH, VA 23455 VERO BEACH, FL 32963 IN SHEET 1 OF 1 LAKE JOYCE REV2 DATE: OCT 8, 2018 66 ITEM-VI-J.6 ORDINANCES/RESOLUTIONS ITEM#68590 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE $25,000 payment from the Cultural Affairs FY 2018-19 Operating Budget to the Virginia Beach Development Authority(VBDA)re ViBe Matching Grants Voting: 7-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO AUTHORIZE PAYMENT OF 2 $25,000 FOR VIBE CREATIVE DISTRICT MATCHING 3 GRANTS TO THE VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That $25,000 from the FY 2018-19 Cultural Affairs' Operating Budget is hereby 10 authorized be paid over to the City of Virginia Beach Development Authority to allow the 11 Authority to administer the ViBe Creative District Matching Grant Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic City Attorney's Office CA14561 R-2 November 7, 2018 67 ITEM-V14.7 ORDINANCES/RESOLUTIONS ITEM#68591 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $292,000 within the Sheriffs Office FY 2018-19 Operating Budget re convert five (5)full-time positions to ten (10)part-time positions Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 WITHIN THE SHERIFF'S OFFICE'S FY 2018-19 3 OPERATING BUDGET AND TO CONVERT FIVE 4 FULL-TIME SWORN POSITIONS TO TEN PART- 5 TIME SWORN POSITIONS 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA, THAT: 9 10 1. Five full-time (FT) sworn positions in the Virginia Beach Sherriff's Office are 11 hereby converted to ten part-time (PT) sworn positions in the Sheriffs Office's 12 Fiscal Year 2018-19 Operating Budget. These conversions shall be as 13 follows: 14 15 a. 3 FT positions to 6 PT positions in The Sheriff's Office Law Enforcement 16 Training Academy; 17 18 b. 1 FT Correctional Operations position to 2 PT positions in Court Security 19 for the purposes of prison transportation; and 20 21 c. 1 FT Correctional Operations position to 2 PT positions in Correctional 22 Operations for the purposes of internal investigations. 23 24 2. This conversion thereby reduces the Sheriff's Office's Fiscal Year 2018-19 25 position total by 5.0 full-time positions and increases the Sheriff's Office's 26 position total for Fiscal Year 2018-19 by 10.0 part-time Positions. 27 28 3. $292,000 in the Virginia Beach Sheriff's Office's Fiscal Year 2018-19 29 Operating Budget is transferred from full-time Salary accounts to part-time 30 Salary accounts. 31 32 4. The City Manager is hereby directed to include the above adjustments in the 33 proposed FY19-20 Operating Budget. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day 36 of November , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 52=\) cvvt) a -0-t 1 Budget and Management Services orn--y's Office CA14559 R-2 November 2, 2018 68 ITEM-VI-I.8 ORDINANCES/RESOLUTIONS ITEM#68592 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$809,087 within the Department of Human Services (DHS) re reassign nine (9)full-time and one (1)part-time positions Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO TRANSFER FUNDS AND POSITIONS 2 WITHIN THE DEPARTMENT OF HUMAN SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 Nine (9) full-time and one (1) part-time positions and the $809,087 in funding 8 associated with these positions are hereby transferred within the Department of Human 9 Services (DHS) as outlined in Attachment A to better utilize the current level of manpower 10 and to provide better service delivery to the citizens of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services Ci ttorn- 's Office CA14566 R-1 October 31, 2018 69 ITEM-VI-I.9a ORDINANCES/RESOLUTIONS ITEM#68593 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS)FY 2018-19 Operating Budget: a. $555,620 and AUTHORIZE eight(8)positions re Financial Assistance Division Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND AUTHORIZE EIGHT POSITIONS FOR THE 3 FINANCIAL ASSISTANCE DIVISION OF THE 4 DEPARTMENT OF HUMAN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $555,620 in State funding is hereby accepted and appropriated, with State 10 revenues increased accordingly, to the FY18-19 Operating Budget of the 11 Department of Human Services to meet the administrative requirements 12 associated with the increased volume of Medicaid applications; and 13 14 2) Eight full-time positions are hereby authorized within the FY18-19 Operating 15 Budget of the Department of Human Services to meet the administrative 16 requirements associated with the increased volume of Medicaid applications. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 t h day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C/tip/ .0,(Lc, , Budget & Management Services Ci • n -"s • ice CA14560 R-1 October 26, 2018 70 ITEM-VI-L9b ORDINANCES/RESOLUTIONS ITEM#68594 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS)FY 2018-19 Operating Budget: b. $499,582 and AUTHORIZE one (1)position re support Child Services Act(CSA) Program Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND AUTHORIZE ONE POSITION FOR THE 3 CHILDREN'S SERVICES ACT PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $499,582 in State funding, with State revenues increased accordingly, are 9 hereby accepted and appropriated to the FY18-19 Operating Budget of the 10 Department of Human Services for CSA case reviewing requirements and 11 associated services; and 12 13 2) One full-time position is hereby authorized within the FY18-19 Operating 14 Budget of the Department of Human Services for CSA case reviewing 15 requirements and associated services. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services ` City Attorney's Office CA14562 R-1 October 26, 2018 71 ITEM-VI-L 9c ORDINANCES/RESOLUTIONS ITEM#68595 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS)FY 2018-19 Operating Budget: c. $260,346 and AUTHORIZE four(4)positions re support Part C Infant Program Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL, STATE AND RESERVED FUNDS AND TO 3 AUTHORIZE FOUR POSITIONS FOR THE PART C INFANT 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $207,265 in State funding are hereby accepted and appropriated, with revenue 10 increased accordingly, to the FY18-19 Operating Budget of the Department of 11 Human Services to expand staffing to support increased service demands for 12 the Part C Infant Program; 13 14 2) $46,933 in Federal funding are hereby accepted and appropriated, with 15 revenue increased accordingly, to the FY18-19 Operating Budget of the 16 Department of Human Services to expand staffing to support increased service 17 demands for the Part C Infant Program; 18 19 3) $6,148 is hereby appropriated, with specific fund revenue increased 20 accordingly, to the FY18-19 Operating Budget of the Department of Human 21 Services Program; and 22 23 4) Four full-time positions are hereby authorized within the FY18-19 Operating 24 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services Ci _ '' :*n= 's Office CA14557 R-1 October 23, 2018 72 ITEM-VI-I.9d ORDINANCES/RESOLUTIONS ITEM#68596 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS) FY 2018-19 Operating Budget: d. $270,000 and AUTHORIZE five (5)positions re support Same Day Access Initiative Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO AUTHORIZE FIVE POSITIONS TO 3 SUPPORT THE SAME DAY ACCESS INITIATIVE OF THE 4 BEHAVIORAL HEALTH OUTPATIENT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $270,000 in State funding is hereby accepted and appropriated, with revenue 10 increased accordingly, to the FY18-19 Operating Budget of the Department of 11 Human Services to implement Same Day Access as a STEP VA initiative to 12 allow individuals to be assessed on the same day that they call or appear at 13 the Community Services Board (CSB) and receive an appointment for a direct 14 service within ten (10) days; 15 16 2) Five (5) full-time positions are hereby authorized within the FY18-19 Operating 17 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ()?--) Budget & Management Services Office CA14556 R-1 October 23, 2018 73 ITEM-VI-I.9e ORDINANCES/RESOLUTIONS ITEM#68597 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS)FY 2018-19 Operating Budget: e. $63,000 and AUTHORIZE one (1)position re support Kinship Navigator Program Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL GRANT FUNDS AND TO AUTHORIZE ONE NEW 3 POSITION FOR THE KINSHIP NAVIGATOR PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $63,000 in Federal pass-through revenue via the Virginia Department of Social 9 Services is hereby accepted and appropriated, with Federal revenues 10 increased accordingly, to the FY18-19 Operating Budget of the Department of 11 Human Services. 12 13 2. One additional position, a Case Manager/Navigator, is hereby authorized in the 14 FY18-19 Operating Budget of the Department of Human Services for the 15 regional Kinship Navigator Program. This position will be a contracted 16 manpower position that will be contingent upon on-going grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: amu-, ( ` , ) JbL,-)' Budget & Management Services -City-A orney s Office CA14565 R-1 October 31, 2018 74 ITEM-VI-I.9f ORDINANCES/RESOLUTIONS ITEM#68598 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services(DHS)FY 2018-19 Operating Budget: f $306,547 re operating costs and support of adoption services Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley,Mayor Louis R.Jones,John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 AND FEDERAL FUNDS FOR THE ANNUAL ADJUSTMENTS 3 OF VARIOUS NON-GRANT FUNDS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $298,550 in various State non-grant awards is hereby accepted and 9 appropriated, with State revenues increased accordingly, is hereby accepted 10 and appropriated to the FY18-19 Operating Budget of the Department of 11 Human Services to be applied to operating costs and support of adoption 12 services; and 13 14 2) $7,997 in Federal pass-through funds is hereby accepted and appropriated, 15 with Federal revenues increased accordingly, to the FY18-19 Operating Budget 16 of the Department of Human Services to be applied to operating costs and 17 support of adoption services. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: „.29-al-L,s\ a _ • • Budget & Management Servic6s ' -u . n- ' 0 ice CA14564 R-1 October 26, 2018 75 ITEM-VI-L10 ORDINANCES/RESOLUTIONS ITEM#68599 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$85,108 from the Edward Byrne Justice Assistance Grant re law enforcement purposes Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley,Mayor Louis R.Jones,John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 BYRNE JAG GRANT FUNDS FOR LAW 3 ENFORCEMENT PURPOSES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1 . That $85,108 in federal funds from the United States Department of Justice, 9 through the federal Fiscal Year 2018 Edward Byrne Justice Assistance Grant, 10 is hereby accepted and appropriated, with federal revenue increased 11 accordingly, to the following departments, in the following amounts, for the 12 following purposes in Fiscal Year 2018-19 Operating Budgets: 13 14 a. $16,000 to the Virginia Beach General District Court for the purchase and 15 install of video display devices and projection equipment sufficient to outfit 16 two courtrooms; 17 18 b. $54,108 to the Police Department for the purchase of law enforcement 19 equipment for the Animal Care and Adoption Center, Forensic Services 20 Unit, Special Operations Fatal Crash Team, and Uniform Patrol Division; 21 22 c. $15,000 to the Community Corrections and Pre-Trial Services Division for 23 the purchase of hair follicle and urine drug screen tests, and to employ a 24 temporary contractual administrative position. 25 26 2. That the City Manager and the City Attorney are hereby authorized to execute, 27 on behalf of the City of Virginia Beach, all necessary agreements, certifications, 28 and assurances, as instructed and required by the United States Department 29 of Justice. 30 31 3. That the replacement of the above items purchased with these grant funds is 32 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Y) (IAA) et, jiA) Budget and Management Services ney's Office CA14553 R-1 October 16, 2018 76 ITEM-VI-J PLANNING ITEM#68600 1.BISHARD HOMES,LLC VARIANCE 2. FWM RESIDENTIAL PROPERTIES,LLC VARIANCE 3.KIRBOR,LLC VARIANCE 4. 27711/STREET GARAGE,LLC/27TH STREET SPECIAL EXEMPTION FOR HOTEL ASSOCIATES,LLC ALTERNATIVE COMPLIANCE 5.DAM NECK STORAGE PARTNERS,LLC. MODIFICATION OF PROFFERS TO A CONDITIONAL CHANGE OF ZONING/MODIFICATION OF CONDITIONS 6. TONYA MITCHELL/BO WANG CONDITIONAL USE PERMIT COUNCIL LADY ABBOTT WILL ABSTAIN ON ITEM#1 COUNCIL LADY WILSON FILED A DISCLOSURE ON ITEM#2 ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO NOVEMBER 20, 2018 AN ALTERNATE VERSION OF ITEM#4 WILL BE CONSIDERED ITEM#5 WILL BE CONSIDERED SEPARATELY FOR DEFERRAL TO NOVEMBER 20,2018 November 13, 2018 77 ITEM—VI-J PLANNING ITEM#68601 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Item 1 (ABBOTT ABSTAIN), 2, 3 (DEFER TO NOVEMBER 20, 2018), 4(ALTERNATE VERSION) and 6 Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 78 ITEM—VI-J.1 PLANNING ITEM#68602 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of BISHARD HOMES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1416 Mill Dam Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BISHARD HOMES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1416 Mill Dam Road (GPIN 2408394495)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SITE PLAN OF.6 AC PARCEL AS SHOWN ON GEORGE A. PAYTON TO DENNIS GOFFIGAN, PROPERTY OF DENNIS GOFFIGAN, "dated July 12, 2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. Prior to construction, a one (1)foot no ingress/egress easement shall be recorded along Lot A's frontage on Mill Dam Road. 3. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the home depicted on the submitted elevation, entitled "SF57 BETHANY PALMETTO AVENUE LOT B",prepared by Bardoun Design P.C. and dated September 17, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. When the property is developed, each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`x' day of November, Two Thousand Eighteen. November 13, 2018 79 ITEM—VI-J.1 PLANNING ITEM#68602 (Continued) Voting: 7-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: Jessica P. Abbott Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 0 - N . 7 IX i o r ii a _ ij i. i - O - r ..----___ .... NI c1171..d.lik No e b 1 I I I I 1 I 416.1S I 1 ill i...N., . vo 1 3 . 114, ,,,„„.. .. . ,:, ,,,„ 0 i. . ici, CI anuanb► o}a.auaied ..__ , r-r-b \ I I \---1----ii r 1 1 cie ,\ F --i r _I- 1.- \II L.- IL it s l,—3--Inak Water Mitt Circ a -_ Icii � ---- T.-. ,-----r-1 t S�`Gl�1A.$E:4, U 4, City of Virginia Beach Cy z rr o�99,F Die` S Op- OUR NA3014 VBgov.com November 13, 201 8 CELL PHONE: (757)5772068 JESSICA P.ABBOTT COUNCIL LADY-DISTRICT 2-KEMPSVILLE OFFICE PHONE: VB 744-3407 JABBOTT� GOV.COM In Reply Refer to 0064156 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Bishard Homes, LLC for a subdivision variance on property located at 1416 Mill Dam Road. 2. The applicant disclosed that it is using the services Fox Land Surveying for this application. Fox Land Surveying is a client of Matt Abbott Insurance. I have a personal interest in Matt Abbott Insurance,which is located at 4646 Princess Anne Road, Suite 103,Virginia Beach, VA 23462. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sinc,- •, t, Jessica P/Ab Y.tt Councilmember JPA/RRI 4646 PRINCESS ANNE ROAD,SUITE#103,VIRGINIA BEACH,VIRGINIA 23464 80 ITEM—VI-J.2 PLANNING ITEM#68603 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of FWM RESIDENTIAL RENTAL PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 425 Old Great Neck Road and the southwest adjacent parcel DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FWM RESIDENTIAL RENTAL PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 425 Old Great Neck Road and the southwest adjacent parcel (GPINS 1497972288 and a portion of 1497974335)DISTRICT 6—BEACH The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION OF LOT Cl (MB. 59, PG. 16)AND PARCEL DESIGNATED AS "C.D. KNOPPENBERGER" (MB. 59, P 16) VIRGINIA BEACH, VIRGINIA, "dated April 17, 2018, and prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page seven (7) of this Staff report entitled "Proposed Elevations", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is developed, each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`h day of November, Two Thousand Eighteen. November 13, 2018 81 ITEM—VI-J.2 PLANNING ITEM#68603 (Continued) Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin *Council Lady Wilson filed a disclosure November 13, 2018 /V 704-- liN-1 .-",„,,, ti N °?�i.� '��N CO I_ I { - cra m a �� W' '' i Co ...,,,//‘ `, / a a aC (:.-,-"'''''l • ---94, • -. ..... CO ,.....74:0-.._... _ ..„,z.„. 7. / t '/\\,"\\P\ CD '''...-----0 ) ---,..,, t � / ' " *. ic'.- /)4.....,,,.t.z.,jzt._. / e ti c -..„,„.....5/ .7, \ / * \-'---- '.----.0' '''' V - Alp' . ''' 4Pr '\\----'04:, # • 1 '.....' lc: ' .11 ' VflPPOPP‘ \ liJ!t ( f.fcfNic, Iii' r, r � � � I ' C , I EZ -j; <>0Air SN1 ----. 0 I �----7 s .. 0 is. - . 4010 'Ir."' r1 r N. 7 „, N. 's/..› 1 ,1 or ct- I gded, '''',-,..._____.../. <> dot I to I -in- r" `_, ,Q ''->, 0 .1' ''' .---'-' - _-1. +r- L a�4011,1A BEgc, City c) Virginia Beach � 2 Op OUR NAT%()NS VBgov.COM ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 In Reply Refer to 0064155 November 13, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of FWM Residential Rental Properties, LLC for a subdivision variance for property located at 425 Old Great Neck Road and the adjacent parcel to the southwest. 2. The applicant has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- November 13, 2018 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Ill Rosemary A. Wi son RAW/RRI 82 ITEM—VI-J.3 PLANNING ITEM#68604 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, DEFERRED TO NOVEMBER 20, 2018, BY CONSENT, Application of KIRBOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R.Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 83 ITEM—VI-J.4 PLANNING ITEM#68605 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS CONDITIONED,ALTERNATE VERSION,BY CONSENT,Application of 27th 1 STREET GARAGE, LLC/27"'STREET HOTEL ASSOCIATES, LLC for Special Exemption for Alternative Compliance to the Ocean Front Resort District Form-Based Code re total coverage of multi family dwelling units at 2613, 2701, and 2705 Atlantic Avenue, 203 27" Street, and 2701 Pacific Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 27th Y STREET GARAGE, LLC/ 27"' STREET HOTEL ASSOCIATES, LLC for Special Exemption for Alternative Compliance to the Ocean Front Resort District Form-Based Code re total coverage of multifamily dwelling units at 2613, 2701, and 2705 Atlantic Avenue, 203 27` Street, and 2701 Pacific Avenue (GPINS 2428101726, 2428100877, 2428100965,2428007876)DISTRICT 6—BEACH The following conditions shall be required: 1. This Special Exception for Alternative Compliance to Section 5.3.2 of the Oceanfront Resort District Form-Based Code allows 2613 Atlantic Avenue to be developed with a Mixed-Use Building Type which may contain up to 266 apartment units. The area occupied by said apartment units may not comprise more than 44.88% of the unified development project consisting of 2613, 2701, 2705 Atlantic Avenue, 203 27th Street, and 2701 Pacific Avenue. Per Section 5.3.2 of the Oceanfront Resort District Form-Based Code that was in effect on May 23, 2017, the area occupied by structured parking shall not be included in the area calculation of the project. 2. Unless otherwise specified below, when 2613 Atlantic Avenue is developed with multi family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted site exhibit titled, "Site," as provided by Armada Hoffler, and as dated November 7, 2018. This shall include the improvements shown in the rights-of-way of 27th Street and Atlantic Avenue. Said drawing is on file in the Department of Planning and Community Development. 3. Unless otherwise specified below, when 2613 Atlantic Avenue is developed with multi family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted undated architectural exhibits titled, "27 Atlantic." Said drawings are on file in the Department of Planning and Community Development. November 13, 2018 84 ITEM—VI-J.4 PLANNING ITEM#68605 (Continued) To further specify, the building shall: - As conceptually shown, exceed all minimum transparency criteria of the Form-Based Code; Include a minimum of one primary pedestrian entrance on Atlantic Avenue as well as on 27th Street; - As conceptually shown, include reveals, grooves, trim, sills, or other hand-scaled façade elements on each floor associated with the "base" of the proposed building, as defined by the Oceanfront Resort District Design Guidelines; - As conceptually shown, include the aforementioned hand-scaled façade elements on every other floor associated with the "body"of the proposed building, and a distinct design for the "cap" of the building, as defined by the Oceanfront Resort District Design Guidelines; - Meet all clearance criteria and Design Guidelines relating to any proposed right-of- way encroachments; and - Unless otherwise required by the Virginia Uniform Statewide Building Code, any mechanical equipment, to include but not limited to HVAC systems, transformers, or equipment associated with wireless communications, shall be screened from being visible from the public right-of-way as well as surrounding private properties and the airspace above. 4. As part of their review, Staff may seek input from the Planning Design Review Committee (PDRC) of the Resort Advisory Commission (RAC)for any revisions to the conditioned exhibits that are proposed through DSC site plan review, to ensure the substantial conformance to the submitted exhibits and compliance with the Oceanfront Resort District Design Guidelines. This condition shall not be construed to require the approval of PDRC to move forward with site plan or building plans review. 5. Approval of this Alternative Compliance shall not serve as an approval of the conceptually shown Open Air Cafe located to the east of the site in the greenbelt, encroaching door swings, the southern vehicular curb cut on Atlantic Avenue, or any other type of conceptually shown right-of- way encroachment that does not align with the Oceanfront Resort District Design Guidelines. The Open Air Cafe shall still be required to follow all review policies established by the Resort Management Office and is subject to City Council approval of a franchise agreement. 6. As required by the City of Virginia Beach Site Plan Ordinance and Zoning Ordinance, prior to receiving a Certificate of Occupancy, the subject proposal shall adhere to all applicable parking requirements of the Oceanfront Resort District Form-Based Code. Additionally, no less than 30 covered bicycle spaces shall be provided for the apartment units. November 13, 2018 85 ITEM—VI-J.4 PLANNING ITEM#68605 (Continued) 7. To ensure the vehicular use of the connector park follows all associated City Code requirements, no fewer than two employees of the development shall be present to provide valet and traffic management services for customers of the proposed ground floor commercial uses as well as residents of the proposed apartments. At a minimum, said service shall be provided for the hours of operation of the proposed ground story commercial uses. Unless otherwise permitted by Traffic Engineering and appropriate street signage is installed, no vehicles shall be parked within the right-of-way of 27th Street. 8. Any loading or unloading associated with the proposed development shall follow all established City codes,policies, and procedures. 9. When the proposed 27 Atlantic apartments are developed, the applicant shall provide landscaping or architectural screening consistent with the design of the building to deter cut- through pedestrian traffic between the proposed structure and adjacent property to the south. 10. The proposed "West (Atlantic Avenue) Elevation" shall be revised to provide additional transparency on the first and second floors and other improvements that result in a more pedestrian oriented street frontage along Atlantic Avenue. Said improvements shall meet the Oceanfront Resort District Design Guidelines and shall also be designed in concert with the materials, colors, and textures of Ocean 27, Hyatt House Hotel, and the proposed parking structure. This may include the incorporation of a water feature similar to the feature used in the Hyatt House's porte-cochere. As part of the review of these changes, Staff may seek the input of the Planning Design Review Committee of the Resort Advisory Commission and ultimately be approved by the Planning Director. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13th day of November, Two Thousand Eighteen. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 -'l1 • t ---\ Cd 0 111.4‘N14 0 1SshH& Ce 0.1:\ ---NPIS \i * V ‘ y ` ?, I Ce 1 1 4141N '' P.'. til `S 11 i 11 1 4 I • I 0. - C Ii . co\ \ ei -- Ce , 6.)1‘,0 I. 86 ITEM—VI-15 PLANNING ITEM#68606 The following registered to speak: Mrs. Marsh, 4382 Lynnville Avenue, Phone: 270-7900, spoke in OPPOSITION Arleen Painter, 1901 Fairweather Court, Phone; 650-7776, spoke in OPPOSITION Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, DEFERRED TO NOVEMBER 20, 2018,Application of DAM NECK STORAGE PARTNERS, LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7—PRINCESS ANNE Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 87 ITEM—VI-J.6 PLANNING ITEM#68607 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS CONDITIONED, BY CONSENT,Application of TONYA MITCHELL/BO WANG for Conditional Use Permit re family day-care home at 1501 Three Gait Trail DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TONYA MITCHELL/BO WANG for Conditional Use Permit re family day-care home at 1501 Three Gait Trail(GPIN 1495074771) DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Off cial's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13`x' day of November, Two Thousand Eighteen. Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane John E. Uhrin November 13, 2018 C0777,2- \Zi1111 \ li \,h rr ,� 10,Y N co, % ) \„.,...., ** ,-- ,,, \ 7------ ,..2,. .„----------<'N., , \ ,,--- dc , ,.., .A. _7, ,.. ,,------ co. - , , „.„.. .t. 7.<0,...,..--"- \ 4 \ Sill ( 1 \h`hl # \ \'''.\\..... ht 4 'i J 1 1,0 \. . ___,/1 • (". • ei.--_,\ M i ,- 11°,7\ \CIIn0 ( , L-a. 41*. .AA ,.., \. i ced•rok . rX • ‘4.111,. . 11' lik 41111:_______--------------------_, 41k* 6 ,- f 1iii:ii:::: :\% h � s e d' h / Cli l° h f --.1.------„„, 4 l 0 88 ITEM VI-K APPOINTMENTS ITEM#68608 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION BOARD OF BUILDING CODE APPEALS—NEW CONSTRUCTION DIVISION BOARD OF BUILDING CODE APPEALS—PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD November 13, 2018 89 ADJOURNMENT ITEM#68609 Mayor Louis R. Jones, DECLARED the City Council Meeting ADJOURNED at 6:53 P.M. Terri H. Chelius Chief Deputy City Clerk / 1// man,a :arnes,MMC Louis R.Jones City Clerk Mayor City of Virginia Beach Virginia November 13, 2018 90 OPEN DIALOGUE There were no speakers THE OPEN DIALOGUE CONCLUDED AT 6:53 P.M. November 13, 2018