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11-16-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �` N�‘ u, c MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR ROSEMARY WILSON,At Large MICHAEL F.BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 U ; 1 N.D. "ROCKY"HOLCOMB,Kempsville—District 2 LOUIS R.JONES,Bayside—District 4 v, +: JOHND.MOSS At Large 4+f AARONR.ROUSE,At Large °F °°. ,,..°"' GUYK.TOWER,Beach—District 6 SABRINA D. WOOTEN,Centerville—District 1 VACANT,Lynnhaven—District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR November 16,2021 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL and SCHOOL BOARD JOINT SESSION -Building 19- 1:00 PM A. FIVE YEAR FORECAST Kevin Chatellier, Director of Budget& Management Services II. CITY MANAGER'S BRIEFINGS - City Council Chamber- 3:00 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. DISPARITY STUDY UPDATE (SWaM) 3:15 PM Lavera Tolentino, Finance III. CITY COUNCIL DISCUSSION/INITIATIVES 3:45 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend David Kays Pastor, Virginia Beach Christian Church(Disciples of Christ) C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS November 09, 2021 G. MAYOR'S PRESENTATION VB GOLD MEDAL FINALIST AWARD Darrell Crittendon,Norfolk P&R Director and Member of the American Academy for Park and Recreation Administration(AAPRA) H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY 186+/- acres of City-Owned farm land on Indian River Road and North Landing Road to Land of Promise Farms Partnership 2. Appropriation of$567,492,850 for Flood Mitigation Projects Authorized by Referendum I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$567,500,000 re Twenty-One Flood Mitigation Projects Approved by Referendum 2. Ordinance to APPROPRIATE $567,492,850 for Comprehensive Flood Mitigation Projects 3. Ordinance to AMEND Section 32.5 of the City Code to Freeze the Equivalent Residential Unit (ERU) fee until 2028 4. Resolution to ESTABLISH a financial plan for the $567,500,000 of General Obligation Bonds Approved by Referendum for Comprehensive Flood Mitigation 5. Resolution to ESTABLISH a Citizen Oversight Board for Bonds Approved for Flood Mitigation 6. Resolution REGARDING the Acquisition Strategy for Projects Approved by Bond Referendum 7. Ordinance to AMEND the City Code by adding Article IV to Chapter 27 re establish an Independent Citizen Review Board and to DIRECT actions in furtherance thereof(Requested by the City Council) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension to Land of Promise Farms Partnership for one (1) year for City-Owned farm land located on Indian River Road and North Landing Road 9. Resolution to DECLARE November 15 — December 15, 2021, as By Local Month (Requested by Council Member Wooten) 10. Resolution to APPROVE the Execution of the First Amendment to the Dome Site Development Agreement and ESTABLISH Capital Project #100606, "Atlantic Park Offsite Infrastructure", and APPROPRIATE $17,729,147 from General Fund Balance re offsite infrastructure 11. Resolution to APPROVE the City's Participation in the proposed settlement of Opioid-Related Claims 12. Ordinance to EXTEND the date for satisfying the conditions re various rights-of-way adjacent to an assemblage of Dome Site property at: a. Portion of the South Side of 20t Street between Pacific& Arctic Avenues b. Portion of the South Side of 20t Street between Arctic&Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19th& 20th Streets d. 19th Street between Pacific & Arctic Avenues e. All alleys within the block surrounded by Arctic & Baltic Avenues and 19th& 20th Streets 13. Ordinance to APPROPRIATE $4,090 to the FY2021-22 Emergency Medical Services (EMS) Operating Budget re reimburse auction proceeds to the Sandbridge Volunteer Rescue Squad, Inc. 14. Ordinance to ACCEPT and APPROPRIATE $1.5- Million from the Virginia Department of Transportation(VDOT) State of Good Repair/Primary Extension Program to Capital Project #100401 "Street Reconstruction"re road paving projects 15. Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA)to the FY2021-22 Fire Department Operating Budget for the mobilization and cost related for Virginia Task Force 2 Urban Search and Rescue Team: a. $47,918 re protective apparel b. $64,788.15 re Tropical Cyclone Henri c. $814,071.20 re Tropical Cyclone Ida 16. Ordinance to APPROPRIATE $54,366,605 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds re further community support and assistance K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ****************#********* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e5e 199efdbe57fa15b44a0be6920e5bbd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 16, 2021. I. CITY COUNCIL and SCHOOL BOARD JOINT SESSION -Building 19- 1:00 PM A. FIVE YEAR FORECAST Kevin Chatellier, Director of Budget& Management Services II. CITY MANAGER'S BRIEFINGS - City Council Chamber- 3:00 PM A. FY2021-22 INTERIM FINANCIAL UPDATE Letitia Shelton, Director—Finance B. DISPARITY STUDY UPDATE (SWaM) 3:15 PM Lavera Tolentino, Finance III. CITY COUNCIL DISCUSSION/INITIATIVES 3:45 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend David Kays Pastor, Virginia Beach Christian Church (Disciples of Christ) C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS November 09, 2021 G. MAYOR'S PRESENTATION VB GOLD MEDAL FINALIST AWARD Darrell Crittendon, Norfolk P&R Director and Member of the American Academy for Park and Recreation Administration(AAPRA) H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY 186 +/- acres of City-Owned farm land on Indian River Road and North Landing Road to Land of Promise Farms Partnership 2. Appropriation of$567,492,850 for Flood Mitigation Projects Authorized by Referendum �G�NIA.B1 r'y rE 1: •1 ,1 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on November 16,2021 at 6:00 p.m.in the Council Chamber,City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed lease extension of 186+/-acres of City-owned farm land located on Indian River Road and North Landing Road(GPIN: 1483-95-6756),to be leased to Land of Promise Farms Partnership. If you are physically disabled or visually impaired and need assistance at this meeting,please call the City Clerk's Office at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httns://vhenv webex com/vb5nv/o nstave/2 ohn"MTID=e5a199efdhe 57fa15h44afbe6920e5hpc 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 16,2021. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon:Sunday,November 7,2021 U•BFr„ Oe�.ya,w, csk. Y¢ e „..,„,.„,,,,,pe ...,,,,,_ NOTICE OF PUBLIC HEARING Appropriation of$567,492,850 for Flood Mitigation Projects Authorized by Referendum A public hearing of the Virginia Beach City Council will be held on November 16,2021,6 p.m in the City Council Chamber on the second floor of the City Hall Building. 2401 Courthouse Drive,Virginia Beach,Virginia,on the appropriation of $567,492,850 to the City's Capital Improvement Program (CIP). These projects were recently approved by bond referendum. The residents approved the referendum with 72 percent of the votes cast. The appropriation exceeds 1%of the FY2021-22 Budget,so public hearing is required. The proposed uses of these funds are to finance flood mitigation projects,specifically the following twenty-one projects:Chubb Lake/Lake Bradford Outfall,Church Point/Thoroughgood Drainage Improvements, Central Resort District - 24th Street Culvert, Central Resort District Drainage Improvements,Eastern Shore Drive- Elevate Lynnhaven Drive,Eastern Shore Drive-Phase I, Section 1F Improvements,Eastern Shore Drive-Phase I, Section 1G Improvements, Eastern Shore Drive - Poinciana Pump Station,First Colonial Road&Oceana Boulevard Drainage Improvements,Princess Anne Plaza Golf Course Conversion, Princess Anne Plaza North London Bridge Creek Tide Gate, Barriers, and Pump Station, Pungo Ferry Road Improvements, Sandbridge/New Bridge Intersection Improvements, Seatack Neighborhood Drainage Improvements, Stormwater Green Infrastructure, The Lakes - Flood Barriers,The Lakes -Holland Road Gate,West Neck Creek Bridge Replacement, Windsor Woods - Thalia Creek/Lake Trashmore Improvements,Windsor Woods Flood Barriers,and Windsor Woods Pump Station. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,call TDD-711. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register fa the WebEx at OttnsVivhonv wehcx com/vhenv/nn'taeP/o htin 7MT'D=A'.e 9 Q4ef1hec7fa 1 nh44ant,e64')(irnr, 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on November 16, 2021. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes City Clerk VIRGINIAN PILOT:November 8,2021 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$567,500,000 re Twenty-One Flood Mitigation Projects Approved by Referendum 2. Ordinance to APPROPRIATE $567,492,850 for Comprehensive Flood Mitigation Projects 3. Ordinance to AMEND Section 32.5 of the City Code to Freeze the Equivalent Residential Unit (ERU) fee until 2028 4. Resolution to ESTABLISH a financial plan for the $567,500,000 of General Obligation Bonds Approved by Referendum for Comprehensive Flood Mitigation 5. Resolution to ESTABLISH a Citizen Oversight Board for Bonds Approved for Flood Mitigation 6. Resolution REGARDING the Acquisition Strategy for Projects Approved by Bond Referendum 7. Ordinance to AMEND the City Code by adding Article IV to Chapter 27 re establish an Independent Citizen Review Board and to DIRECT actions in furtherance thereof(Requested by the City Council) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension to Land of Promise Farms Partnership for one (1) year for City-Owned farm land located on Indian River Road and North Landing Road 9. Resolution to DECLARE November 15 — December 15, 2021, as By Local Month (Requested by Council Member Wooten) 10. Resolution to APPROVE the Execution of the First Amendment to the Dome Site Development Agreement and ESTABLISH Capital Project #100606, "Atlantic Park Offsite Infrastructure", and APPROPRIATE $17,729,147 from General Fund Balance re offsite infrastructure 11. Resolution to APPROVE the City's Participation in the proposed settlement of Opioid-Related Claims 12. Ordinance to EXTEND the date for satisfying the conditions re various rights-of-way adjacent to an assemblage of Dome Site property at: a. Portion of the South Side of 20t Street between Pacific& Arctic Avenues b. Portion of the South Side of 20t Street between Arctic& Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19t & 20th Streets d. 19th Street between Pacific & Arctic Avenues e. All alleys within the block surrounded by Arctic & Baltic Avenues and 19th &20th Streets 13. Ordinance to APPROPRIATE $4,090 to the FY2021-22 Emergency Medical Services (EMS) Operating Budget re reimburse auction proceeds to the Sandbridge Volunteer Rescue Squad, Inc. 14. Ordinance to ACCEPT and APPROPRIATE $1.5- Million from the Virginia Department of Transportation(VDOT) State of Good Repair/Primary Extension Program to Capital Project #100401 "Street Reconstruction"re road paving projects 15. Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA)to the FY2021-22 Fire Department Operating Budget for the mobilization and cost related for Virginia Task Force 2 Urban Search and Rescue Team: a. $47,918 re protective apparel b. $64,788.15 re Tropical Cyclone Henri c. $814,071.20 re Tropical Cyclone Ida 16. Ordinance to APPROPRIATE $54,366,605 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds re further community support and assistance 4. 0 e irerr,-„,..,,„ i I :__." :a ._,.., „..,..k:„. CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of$567,500,000 for Twenty-One Flood Mitigation Projects Approved by Referendum (2) An Ordinance to Appropriate $567,492,850 for Comprehensive Flood Mitigation Projects (3) An Ordinance to Amend § 32.5 of the City Code to Freeze the Equivalent Residential Unit (ERU) Fee Until 2028 (4) A Resolution to Establish a Financial Plan for the $567,500,000 of General Obligation Bonds Approved by Referendum for Comprehensive Flood Mitigation (5) A Resolution to Establish a Citizen Oversight Board for Bonds Approved for Flood Mitigation (6) A Resolution Regarding the Acquisition Strategy for Projects Approved by Bond Referendum MEETING DATE: November 16, 2021 ■ Background: On July 13, 2021, the City Council approved a resolution that requested a referendum concerning the issuance of general obligation debt to accelerate flood protection projects. The question to the voters was as follows: Shall the City of Virginia Beach issue general obligation bonds in the maximum amount of $567,500,000 pursuant to the City Charter and the Public Finance Act to fund the design and construction of flood mitigation measures as part of a comprehensive citywide flood protection program that includes the following Phase 1 projects: Chubb Lake / Lake Bradford Outfall, Church Point/Thoroughgood Drainage Improvements, Central Resort District - 24th Street Culvert, Central Resort District Drainage Improvements, Eastern Shore Drive - Elevate Lynnhaven Drive, Eastern Shore Drive - Phase I, Section 1 F Improvements, Eastern Shore Drive - Phase I, Section 1 G Improvements, Eastern Shore Drive - Poinciana Pump Station, First Colonial Road & Oceana Boulevard Drainage Improvements, Princess Anne Plaza Golf Course Conversion, Princess Anne Plaza North London Bridge Creek Tide Gate, Barriers, and Pump Station, Pungo Ferry Road Improvements, Sandbridge/New Bridge Intersection Improvements, Seatack Neighborhood Drainage Improvements, Storm water Green Infrastructure, The Lakes - Flood Barriers, The Lakes - Holland Road Gate, West Neck Creek Bridge Replacement, Windsor Woods - Thalia Creek/Lake Trashmore Improvements, Windsor Woods Flood Barriers, and Windsor Woods Pump Station? The referendum was approved by voters, with more than 72% voting in the affirmative. November 2021 Referendum Bonds Page 2 of 2 On September 7, 2021, the City Council adopted a resolution providing certain commitments regarding the referendum. These commitments included freezing the Stormwater ERU rate until 2028, establishing a financial plan for the bonds, establishing a citizen oversight board for the bonds, and requiring an acquisition strategy be developed to expeditiously implement the flood mitigation projects. • Considerations: The attached ordinances and resolutions effectuate the result of the November referendum election. First, there is an authorization of general obligation debt in an amount not to exceed $567,500,000. In accordance with the City Charter, this authorization requires a two- thirds affirmative vote of the City Council. This authorization contains the provisions typical in the City's annual authorization of general obligation debt, and it includes direction to the City Attorney to seek approval of the Virginia Beach Circuit Court for a ten-year period to issue the debt authorized by referendum. Absent such approval, the referendum debt must be issued within eight years from the date of election. Second, using the debt as revenue, there is an appropriation of $567,492,850 for the twenty-one projects included in the referendum question. This amount is slightly less than the amount authorized due to rounding. This ordinance will also create a discrete fund within the Capital Improvement Program for the bond referendum projects. The last group of action items are those described in the resolution adopted by the City Council on September 7th. That resolution had five requirements to be undertaken within three weeks of the election. Four are addressed here. The fifth requires action by the Planning Commission, and due to publication requirements, it will come to the City Council later in due course. • Public Information: Normal City Council agenda process. A public hearing will be held on November 16, 2021 because the appropriation exceeds 1% of the FY 2021- 22 Operating Budget. The advertisement for the public hearing was published in the Virginian-Pilot on November 8, 2021 . • Recommendations: Adopt the attached ordinances and resolutions • Attachments: Ordinances (3); Resolutions (3); September 7 Resolution Recommended Action: Approval Submitting Department/Agency: Public Works, Budget and Management Services City Manager: / 7 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS 3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE 4 MAXIMUM AMOUNT OF $567,500,000 FOR TWENTY-ONE 5 FLOOD MITIGATION PROJECTS APPROVED BY 6 REFERENDUM 7 8 WHEREAS, the City Council requested the circuit court order a bond referendum 9 to seek the approval of the qualified voters for an authorization of$567,500,000 of general 10 obligation bonds for twenty-one projects for a comprehensive flood mitigation program; 11 12 WHEREAS, the residents have answered the bond referendum in the affirmative; 13 14 WHEREAS, in accordance with subsection B of § 15.2-2606, no public notice or 15 hearing is required for general obligation bonds that have been approved by a majority of 16 the voters of the City; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1 . It is hereby determined to be necessary and expedient for the City to construct and 22 improve various public facilities and make general improvements, all of which will promote 23 the public welfare of the City and its inhabitants and will facilitate the orderly growth, 24 development, and general welfare of the City, and to finance the costs thereof through 25 borrowing of up to $567,500,000 and issuing the City's general obligation bonds 26 therefore. Such public facilities and improvements relate to twenty-one flood mitigation 27 projects (the "Projects") set forth in the referendum question, which are: Chubb Lake / 28 Lake Bradford Outfall, Church Point/Thoroughgood Drainage Improvements, Central 29 Resort District - 24th Street Culvert, Central Resort District Drainage Improvements, 30 Eastern Shore Drive - Elevate Lynnhaven Drive, Eastern Shore Drive - Phase I, Section 31 1 F Improvements, Eastern Shore Drive - Phase I, Section 1G Improvements, Eastern 32 Shore Drive - Poinciana Pump Station, First Colonial Road & Oceana Boulevard Drainage 33 Improvements, Princess Anne Plaza Golf Course Conversion, Princess Anne Plaza North 34 London Bridge Creek Tide Gate, Barriers, and Pump Station, Pungo Ferry Road 35 Improvements, Sandbridge/New Bridge Intersection Improvements, Seatack 36 Neighborhood Drainage Improvements, Stormwater Green Infrastructure, The Lakes - 37 Flood Barriers, The Lakes - Holland Road Gate, West Neck Creek Bridge Replacement, 38 Windsor Woods - Thalia Creek/Lake Trashmore Improvements, Windsor Woods Flood 39 Barriers, and Windsor Woods Pump Station. 40 41 2. Pursuant to the City Charter and the Virginia Public Finance Act, there are hereby 42 authorized to be issued general obligation bonds in an amount not to exceed 43 $567,500,000. The bonds may be issued as a separate issue or combined with bonds 44 authorized for other purposes and sold as part of a combined issue of public improvement 45 bonds. 46 47 3. The bonds shall bear such date or dates, mature at such time or times not 48 exceeding 20 years from their dates, bear interest, be in such denominations and form, 49 be executed in such manner and be sold at such time or times and in such manner as 50 the City Council may hereafter provide by appropriate resolution or resolutions 51 52 4. The bonds shall be general obligations of the City for the payment of the principal, 53 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 54 55 5. The City Clerk is directed to make a copy of this ordinance continuously available 56 for inspection by the general public during normal business hours at the City Clerk's office 57 from the date of adoption hereof through the date of the issuance of the bonds authorized 58 herein. 59 60 6_ The City Clerk, in collaboration with the City Attorney, is authorized and directed 61 to immediately tile a certified copy of this ordinance with the Clerk of the Circuit Court of 62 the City of Virginia Beach. 63 64 7 To accommodate the anticipated ten-year project delivery plan of the Projects, the 65 City Attorney is hereby directed to seek a ten-year period for the issuance of the bonds 66 authorized herein in lieu of the eight-year limitation provided by Virginia Code § 15.2- 67 2611. 68 69 8. This ordinance shall be in full force and effective from its passage. Requires an affirmative vote of Iwo-thirds of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: C. orney s Office CA15557 R-1 November 4, 2021 1 AN ORDINANCE TO APPROPRIATE $567,492,850 FOR 2 COMPREHENSIVE FLOOD PROTECTION PROJECTS 3 4 WHEREAS, on July 13, 2021, City Council approved a resolution that requested 5 that a referendum, in an amount up to $567,500,000, be placed on the November 2021 6 General Election ballot to accelerate flood protection projects within the City; 7 8 WHEREAS, on November 2, 2021, the residents approved the referendum; 9 10 WHEREAS, a public hearing was advertised in the November 8, 2021 , Virginian- 11 Pilot and such public hearing was held at the November 16, 2021 City Council Formal 12 Session; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 1. A new section, known as the Stormwater Flood Protection Section, is hereby 18 established within the FY 2021-22 Capital Improvement Program. All existing 19 capital projects currently included in the Stormwater Section of the FY 2021-22 20 Capital Improvement Program that are referenced herein this ordinance shall be 21 moved from the Stormwater Section of the FY 2021-22 Capital Improvement 22 Program to the new Stormwater Flood Protection Section. The City Manager, or 23 his designee is hereby authorized to transfer funding between projects included 24 within the same project grouping, as identified on their approved CIP detail sheets. 25 These transfers will be reported monthly to the Citizen Oversight Board. 26 27 2. A new fund is hereby established in the City's financial system entitled, "Flood 28 Protection Referendum CIP Fund." 29 30 3. $567,492,850 is hereby appropriated to the Stormwater Flood Protection Section 31 of the FY 2021-22 Capital Improvement Program, with General Obligation bond 32 revenue increased accordingly. 33 34 4. A new capital project (#100595, "Chubb Lake/ Lake Bradford Outfall" is hereby 35 authorized within the FY 2021-22 Capital Improvement Program. 36 37 5. $78,200,000 is hereby appropriated to Capital Project #100595 within the 38 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 39 Program. 40 41 6. A new capital project (#100596, "Church Point/Thoroughgood BMP & Conveyance 42 Improvements") is hereby authorized within the FY 2021-22 Capital Improvement 43 Program. 44 45 7. $35,900,000 is hereby appropriated to Capital Project #100596 within the 46 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 47 Program. 48 49 9. $1,560,000 is hereby appropriated to Capital Project # 100597 within the 50 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 51 Program. 52 53 10. A new capital project (#100598, "Eastern Shore Drive 1 G Improvements" is 54 hereby authorized within the FY 2021-22 Capital Improvement Program. 55 56 11. $940,000 is hereby appropriated to Capital Project#100598 within the Stormwater 57 Flood Protection Section of the FY 2021-22 Capital Improvement Program. 58 59 12. A new capital project (#100599, "Eastern Shore Drive - Poinciana Pump Station") 60 is hereby authorized within the FY 2021-22 Capital Improvement Program. 61 62 13. $8,200,000 is hereby appropriated to Capital Project #100599 within the 63 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 64 Program. 65 66 14. A new capital project(#100600, "Seatack Neighborhood Drainage Improvements") 67 is hereby authorized within the FY 2021-22 Capital Improvement Program. 68 69 15. $2,325,000 is hereby appropriated to Capital Project #100600 within the 70 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 71 Program. 72 73 16. A new capital project (#100601 , "First Colonial Road and Oceana Boulevard 74 Drainage Improvements") is hereby authorized within the FY 2021-22 Capital 75 Improvement Program. 76 77 17. $2,400,000 is hereby appropriated to Capital Project #100601 within the 78 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 79 Program. 80 81 18. A new capital project (#100602, "West Neck Creek Bridge City-Wide Sea Level 82 Rise Strategy") is hereby authorized within the FY 2021-22 Capital Improvement 83 Program. 84 85 19. $69,000,000 is hereby appropriated to Capital Project #100602 within the 86 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 87 Program. 88 89 20. A new capital project (#100603, "Sandbridge/New Bridge Intersection 90 Improvements") is hereby authorized within the FY 2021-22 Capital Improvement 91 Program. 92 93 21. $7,990,000 is hereby appropriated to Capital Project #100603 within the 94 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 95 Program. 96 97 22. A new capital project (#100604, "The Lakes - Flood Barriers") is hereby authorized 98 within the FY 2021-22 Capital Improvement Program. 99 100 23. $3,600,000 is hereby appropriated to Capital Project #100604 within the 101 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 102 Program 103 104 24. A new capital project (#100605, "Windsor Woods - Flood Barriers") is hereby 105 authorized within the FY 2021-22 Capital Improvement Program. 106 107 25. $14,000,000 is hereby appropriated to Capital Project #100605 within the 108 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 109 Program. 110 111 26. $5,100,000 is hereby appropriated to Capital Project #100061 "Central Resort 112 District - 24th Street Culvert." 113 114 27. $92,000,000 is hereby appropriated to Capital Project #100275 "Central Resort 115 District Drainage Improvements". 116 117 28. $3,600,000 is hereby appropriated to Capital Project #100538 "Eastern Shore 118 Drive - Elevate Lynnhaven Drive." 119 120 29. $39,925,000 is hereby appropriated to Capital Project #100551 "Stormwater 121 Green Infrastructure." 122 123 30. $11,500,000 is hereby appropriated to Capital Project #100548 "Pungo Ferry 124 Road Improvements." 125 126 31. $76,895,850 is hereby appropriated to Capital Project #100516 "Princess Anne 127 Plaza Golf Course Conversion." 128 129 32. $60,900,000 is hereby appropriated to Capital Project #100518 "Princess Anne 130 Plaza North London Bridge Creek Pump Station." 131 132 33. $8,507,000 is hereby appropriated to Capital Project#100418 "The Lakes-Holland 133 Road Gate." 134 135 34. $39,750,000 is hereby appropriated to Capital Project #100487 "Windsor Woods 136 Pump Station." 137 138 35. $5,200,000 is hereby appropriated to Capital Project #100553 "Windsor Woods 139 Thalia Creek/Lake Trashmore Improvements." Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote by a majority of all of the members of the City Council. LZOZ`t+JegweAON L-N £899 LH3 �i a /yt0 sO0f/uaS}uawe6eueyy pue le6pn8 :AON3IOIddf1S 1V93 01 SV ddV :1N31NO0 01 SV 03AO8ddV 1 AN ORDINANCE TO AMEND § 32.5-2 OF THE CITY CODE 2 TO FREEZE THE EQUIVALENT RESIDENTIAL UNIT (ERU) 3 FEE UNTIL 2028 4 5 SECTION AMENDED: CITY CODE § 32.5-2 6 7 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 8 certain actions be taken in the event the residents of the City authorized the issuance of 9 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 10 11 WHEREAS, the residents have answered the bond referendum in the affirmative; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT 15 16 Section 32.5-2 of the Code of the City of Virginia Beach, Virginia, is hereby 17 amended and reordained to read as follows: 18 19 Sec. 32.5-2. Definitions. 20 21 (a) Equivalent residential unit or ERU means the equivalent impervious area of a 22 single-family residential developed property per dwelling unit located within the city 23 based on the statistical average horizontal impervious area of a single-family 24 residence in the city. An equivalent residential unit (ERU) equals two thousand 25 two hundred sixty-nine (2,269) square fee of impervious surface area. 26 (b) ERU rate means the utility fee charged on an equivalent residential unit, which 27 shall be forty-nine and three-tenth cents ($0.493) per day, effective July 1, 2019, 28 fifty-two and eight-tenths cents ($0.528) per day, effective July 1, 2022 2028, fifty- 29 six and three tenth cents ($0.563) per day, effective July 1, 2023 2029, fifty-nine 30 and eight tenth cents ($0.598) per day, effective July 1, 2021 2030, sixty-three and 31 three tenth cents ($0.633) per day, effective July 1, 2025 2031, and sixty-six and 32 eight tenth cents ($0.668), effective July 1, 2826 2032. 33 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL_city o y's Office CA15546 R-1 November 4. 2021 1 A RESOLUTION TO ESTABLISH A FINANCIAL PLAN FOR 2 THE $567,500,000 OF GENERAL OBLIGATION BONDS 3 APPROVED BY REFERENDUM FOR COMPREHENSIVE 4 FLOOD MITIGATION 5 6 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 7 certain actions be taken in the event the residents of the City authorized the issuance of 8 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 9 10 WHEREAS, the residents have answered the bond referendum in the affirmative; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA, THAT: 14 15 The City Council hereby directs the City Manager to establish a comprehensive 16 financial plan to pay for the authorized $567,500,000 of general obligation debt, which will 17 include the following: 18 19 a The authorized debt to be repaid by a real estate tax increase of 4.3 cents for 20 twenty-year debt based on an average annual increase of three percent in the 21 City's taxable real estate based on the 1 July 2021 land book. No separate 22 approval shall be required to place a public notice prior to recommending this 23 real estate tax increase. The 4.3 cents increase of the real estate tax rate shall 24 commence in FY 2022-23 and, subject to adoption in the FY 2022-23 real 25 estate levy ordinance, be effective July 1, 2022. 26 b. The financial plan shall create a single appropriation unit into which all bond 27 proceeds are deposited and a single appropriation unit into which all revenue 28 derived from the increase in real estate taxes is deposited. Such fund shall 29 provide all deposit and withdrawal information with sufficient granularity for 30 oversight by the City Council and the Citizen Oversight Board. 31 c In furtherance of the long-term flood mitigation needs of the City, the general 32 obligation bonding capacity created by the retirement of the debt authorized by 33 the November 2021 referendum shall be reserved exclusively for the issuance 34 of bonds to finance Phase 2 of the City's flood mitigation program and 35 subsequent sea level rise projects. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPR VED AS TO LEGAL SUFFICIENCY. s0ice CA15556 R-1 November 4, 2021 1 A RESOLUTION TO ESTABLISH A CITIZEN OVERSIGHT 2 BOARD FOR BONDS APPROVED FOR FLOOD 3 MITIGATION 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents have answered the bond referendum in the affirmative; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Council hereby establishes a Citizen Oversight Board composed of seven 15 members appointed by the City Council. The Board shall have access to all financial, 16 contract documents, acceptance and deliverable testing and certifications 17 documentation, and shall receive a monthly briefing from the City Manager's designee. 18 the Flood Mitigation Program's quality assurance officer, and the Contractor's program 19 manager and quality assurance officer. After appointment of the seven members, the 20 Board shall give a public briefing to the City Council every two months on the twenty-one 21 named projects in the bond referendum question and the elimination of the backlog in the 22 maintenance of the City's legacy ditches, canals, and ponds. Such meeting cadence may 23 be changed at the recommendation of the Citizen Oversight Board subject to approval by 24 the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY- City.A or 's Office CA15554 R-1 November 4. 2021 1 A RESOLUTION REGARDING THE ACQUISITION 2 STRATEGY FOR PROJECTS APPROVED BY BOND 3 REFERENDUM 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents have answered the bond referendum in the affirmative, 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Council hereby directs the City Manager to develop and present an 15 acquisition strategy that seeks to streamline and expedite design and construction of the 16 twenty-one flood mitigation projects, including using a single prime contractor, watershed 17 bundling, and project bundling The City Manager is to include in such strategy the 18 provision of a separate contractor bonded to conduct quality assurance and recommend 19 deliverable acceptance Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2021 APP AS TO LEGAL SUFFICIENCY: City rile Office CA15555 R-1 November 4, 2021 REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 2020), the Massachusetts Institute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity, even in like new condition is: (i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis; (ii) insufficient to preclude the 10 future downgrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time; and (iii) the path to stagnant economic 12 growth as investors pass us by; 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hundred year storm event (a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1.5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8; 19 20 WHEREAS, the City staff has sufficiently scoped out the engineering material 21 solution for a referendum quality cost estimate for eliminating the backlog in maintenance 22 of legacy ponds, ditches, and canals and the installation of 21 named projects on the 23 bond referendum question; 24 25 WHEREAS, at the end of the ten-year period in 2032, eight percent of the City will 26 qualify for preferred FEMA flood insurance risk due to completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals, and ponds; 29 30 WHEREAS, at the ten-year build out, Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045; 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a growing economy will be sustained; and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress— by dollar amount spent and by milestone achieved —toward completion of 39 such projects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA, THAT: 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November. To assist in the residents' deliberations, the City 48 Council makes the following commitments, which with the exception of #4, will be 49 delivered within three weeks if the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,000 of general obligation debt, which will include the 54 following: 55 a. The authorized debt to be repaid by a real estate tax increase of 4.3 56 cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c. In furtherance of the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the debt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents, acceptance and 73 deliverable testing and certifications documentation, and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer, and the 75 Contractor's program manager and quality assurance officer and shall give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches, canals, and ponds. 79 80 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommend denial for any project or development that generates a net increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out, and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 88 4. The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, including using a single prime contractor, 91 watershed bundling, and project bundling. The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance. 94 95 5. The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028. 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative: 102 103 1. The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches, and canals and sustaining the required maintenance cycles; 105 2. The City will continue the planned increases in the Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds; 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years, and the perils and risks associated with this timeline include severe 111 weather events, increased flood insurance premiums, companies locating and 112 relocating elsewhere, potential reduction in the City's bond rating, and home 113 values adjusted to reflect the cost of flood insurance; 114 4. The work associated with the Phase 1 projects will increase over time as cost of 115 construction increases, and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will continue to happen during the longer forty-year delivery 118 schedule for the Phase 1 projects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of September , 2021. APPROVED AS TO LEGAL SUFFICIENCY: / l ey's Office CA15526 R-3 September 1, 2021 tip ie; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code by Adding Article IV to Chapter 27 to Establish an Independent Citizen Review Board and to Direct Actions in Furtherance Thereof PUBLIC COMMENT: November 9, 2021 MEETING DATE: November 16, 2021 • Background: Virginia Code § 9.1-601 authorizes the governing body of a locality to establish a law-enforcement civilian oversight body and to empower the oversight body with certain duties, subject to policies and procedures established by the governing body for the performance of those duties by the oversight body. The City Council created a Citizens Review Panel Task Force to study the issue of civilian oversight and to make recommendations to the City Council regarding the establishment of an oversight body. Over the course of more than a dozen meetings and work done by the eleven members of the task force, all of which totaled almost 800 hours of volunteer service by the task force members, the task force reached a unanimous recommendation regarding the establishment of an oversight body for the City, including both proposed duties and the required policies and procedures regarding the performance of those duties. This ordinance implements those recommendations, creates an Independent Citizen Review Board, and authorizes the City Manager to create the position of Board Coordinator as recommended by the Task Force. • Considerations: The task force recommended that the members of the board receive extensive training, and that training is estimated to take a total of 45 hours. Because time will be needed to identify citizens for appointment and for those appointees to receive training, the task force recommended that the City's current oversight body, the Investigation Review Panel, continue to function. Once the new board is fully constituted and the appointees have been trained, the City Council will consider a resolution to dissolve the Investigation Review Panel. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; City of Virginia Beach Independent Citizen Review Board Policy and Procedures Requested by the City Council 1 AN ORDINANCE TO AMEND THE CITY CODE BY 2 ADDING ARTICLE IV TO CHAPTER 27 TO ESTABLISH 3 AN INDEPENDENT CITIZEN REVIEW BOARD AND TO 4 DIRECT ACTIONS IN FURTHERANCE THEREOF 5 6 SECTIONS ADDED: 27-60; 27-61; 27-62; AND 27-63 7 8 WHEREAS, Virginia Code § 9.1-601 authorizes the governing body of a locality to 9 establish a law-enforcement civilian oversight body and to empower the oversight body 10 with certain duties, subject to policies and procedures established by the governing body 11 for the performance of those duties by the oversight body; 12 13 WHEREAS, the City Council created a Citizens Review Panel Task Force to study 14 the issue of civilian oversight and to make recommendations to the City Council regarding 15 the establishment of an oversight body; 16 17 WHEREAS, over the course of more than a dozen meetings and work done by the 18 eleven members of the task force, all of which totaled almost 800 hours of volunteer 19 service by the task force members, the task force reached a unanimous recommendation 20 regarding the establishment of an oversight body for the City, including both proposed 21 duties and the required policies and procedures regarding the performance of those 22 duties; 23 24 WHEREAS, the City Council greatly appreciates the diligent and thorough work of 25 the task force members and desires to establish an oversight body consistent with the 26 task force's recommendations; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That in furtherance of the above-stated desire and intent of the City Council, the 32 Code of the City of Virginia Beach, Virginia is hereby amended and reordained by adding 33 thereto a new Article IV to Chapter 27 as follows: 34 35 CHAPTER 27 POLICE 36 . . . . 37 38 ARTICLE IV. INDEPENDENT CITIZEN REVIEW BOARD 39 40 Section 27-60. Establishment of the Board and Membership Requirements. 41 42 (a) There is hereby created the Independent Citizen Review Board as a law- 43 enforcement civilian oversight body of the Police Department. The board shall consist of 44 11 members, as well as 2 non-voting members with law-enforcement experience, with a 45 preference for persons with at least 15 years of law-enforcement investigative 46 experience, all of whom shall be appointed by the City Council and shall serve at the 47 pleasure of the City Council. In accordance with the requirements imposed by Virginia 48 Code § 9.1-601(E) or its successor provision, any person currently employed as a law- 49 enforcement officer as defined in Virginia Code .5 9.1-101 or its successor provision is 50 ineligible to serve as a member of the board, but a retired law-enforcement officer may 51 serve on the board as an advisory, non-voting ex officio member; provided, however, that 52 such retired officer shall not have been previously employed as a law-enforcement officer 53 by the Virginia Beach Police Department but shall have been employed as a law- 54 enforcement officer in a locality that is similar to the City of Virginia Beach. 55 56 (b) The membership of the body shall reflect the demographic diversity of the City. 57 Appointees shall be eligible to vote, reside in the City of Virginia Beach, and should reflect 58 the racial, gender/gender identity, and socio-economic diversity of the City's population 59 and be chosen on the basis of expertise and experience in fields relevant to the 60 performance of the board's duties. The Council shall strive to appoint at least 2 members 61 under the age of 40. No member shall be a current City employee, but voting members 62 may include former City employees if honorably separated from service for at least five 63 years. Appointments shall be consistent with the membership disqualifiers set forth in the 64 next section of this Code. 65 66 Section 27-61. Membership Disqualifiers. 67 68 (a) No person may serve on the Board, in either a voting or nonvoting capacity, if 69 any of the following apply: public office holder or candidate for such office; employed by, 70 or immediate family member of someone employed by the City; current employee of any 71 law enforcement agency; convicted felon (unless rights have been restored and the felony 72 conviction did not involve moral turpitude, a sex offense, domestic assault, offenses 73 involving children as victims, gun violations or any crime of violence as defined in Virginia 74 Code § 18.2-288 or its successor provision); a person convicted of any misdemeanor 75 involving moral turpitude, sex offense, domestic assault, or offenses involving children as 76 victims or gun violations; currently or previously subject to a protective order; less than 77 honorable discharge from the military; multiple DUI convictions within 10 years; any 78 pending criminal charges/adjudication; outstanding judgements; pending litigation 79 against the City by the appointee or immediate family member; or pending litigation 80 against a law enforcement officer by the appointee or immediate family member. For the 81 purposes of this section. the term "immediate family" shall be defined as set forth in 82 Virginia Code § 2.2-3101 or its successor provision. 83 84 (b) Any appointee shall promptly self-report changes in circumstances that may 85 cause him or her to be disqualified. 86 87 Section 27-62. Term of Appointments. 88 89 (a) Of the voting members initially appointed, 4 should be appointed for terms of 3 90 years, 4 appointed with terms of 2 years, and 3 appointed with terms of 1 year. Of the 2 91 non-voting members initially appointed, one should be appointed for a term of 3 years, 92 and one should be appointed to for a term of 2 years. 93 94 (b) Following the initial appointments, all appointments shall be for terms of three 95 years, but neither voting nor non-voting members should be re-appointed for more than 96 one consecutive term. 97 98 Section 27-63. Duties of the Board and the Establishment of Policies and 99 Procedures for the Performance of Those Duties. 100 101 (a) The board shall have the following duties, subject to the policy and procedures 102 referenced in subsection (b): 103 104 1. To receive, investigate, and issue findings on complaints from civilians regarding 105 the conduct of sworn members of the Police Department; 106 107 2. To investigate and issue findings on incidents, including the use of force by a 108 law-enforcement officer that results in the death of, or serious injury to, any person held 109 in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and 110 other incidents regarding the conduct of sworn members of the Department (and for 111 purposes of this section, "serious injury" shall be defined as "bodily injury that involves 112 substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or 113 protracted loss or impairment of the function of a bodily member, organ, or mental 114 faculty"); 115 116 3. To hold hearings and, if after making a good faith effort to obtain, voluntarily, 117 the attendance of witnesses and the production of books, papers, and other evidence 118 necessary to perform its duties, the board may apply to the circuit court for a subpoena 119 compelling the attendance of such witness or the production of such books, papers, and 120 other evidence, and the court may, upon good cause shown, cause the subpoena to be 121 issued; provided, however, that any person so subpoenaed may apply to the court that 122 issued such subpoena to quash it; 123 124 4. To investigate policies, practices, and procedures of the Department and to 125 make recommendations regarding changes to such policies, practices, and procedures. 126 In response to such recommendations, the Department shall create a written record, 127 made available to the public, in cases in which the Department declines to implement 128 such changes; 129 130 5. To review any investigations conducted internally by the Department and to 131 issue findings regarding the accuracy, completeness, and impartiality of such 132 investigations; 133 134 6. To request reports of the annual expenditures of the Department and to make 3 135 budgetary recommendations to the City Council concerning future appropriations; 136 137 7. To make public reports on the board's activities, including investigations, 138 hearings, findings, recommendations, determinations, and oversight activities; and 139 140 8. To undertake any other duties as reasonably necessary for the board to 141 effectuate its lawful purpose as set forth in this section. 142 143 (b) The board in the exercise of the duties listed above shall adhere to the 144 provisions of the City of Virginia Beach Independent Citizen Review Board Policy and 145 Procedures, which have been established by the City Council and shall be available for 146 public inspection and also be publicly accessible via the City's website. 147 148 AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 149 VIRGINIA BEACH, VIRGINIA: 150 151 That the City Council hereby establishes the policies and procedures for the 152 performance of the duties by the Independent Citizen Review Board as set forth in the 153 attached document entitled, "City of Virginia Beach Independent Citizen Review Board 154 Policy and Procedures." Furthermore, although that document authorizes amendments 155 to the document by the City Manager, (1) the City Manager shall not make any revisions 156 to the document that are inconsistent with the provisions of this ordinance unless 157 expressly authorized by subsequent action of the City Council, and (2) with respect to 158 amendments to the document that are not inconsistent with this ordinance, the City 159 Manager shall inform the City Council in writing of the proposed revisions prior to 160 implementation of the same. 161 162 AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 163 VIRGINIA BEACH, VIRGINIA: 164 165 That, consistent with Section 4 of the FY 2021-22 Annual Appropriation Ordinance, 166 the City Manager or designee is authorized to transfer appropriations and/or positions 167 between departments or funds to implement the City Council priority enacted above 168 regarding the position of Board Coordinator as set forth in the City of Virginia Beach 169 Independent Citizen Review Board Policy and Procedures. After such transfer of 170 appropriations and/or positions, the City Manager shall provide written confirmation of 171 same to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. 4 APPROVED AS TO LEGAL SUFFICIENCY: . "64A.-&ZeeTr. City Attorney's Offi CA15576 R-2 November 2, 2021 5 CITY OF VIRGINIA BEACH INDEPENDENT CITIZEN REVIEW BOARD POl,ICYAND PROCEDURES, I. PURPOSE It is the purpose of the Independent Citizen Review Board ("Board") to ensure that reports and conclusions of the Police Department's Internal Affairs Office investigations involving abuse of authority or other serious misconduct are complete, accurate, and factually supported. To that end, the Board shall have the authority to review these findings, to the extent provided for herein, (1) when a complainant is dissatisfied with such an investigation and requests an independent review, or (2) when the Board identifies, for any reason, an Internal Affairs investigation they believe warrants an independent review. The Board may at anytime, whether in conjunction with an investigation review or otherwise, also review and make recommendations to the Police Chief and/or City Manager regarding any existing or proposed Police Department policies or procedures. Board hearings shall not be considered civil or criminal proceedings, but independent reviews of administrative investigations concerning the performance of sworn police officers. All Board hearings shall be properly advertised in advance and open to the public; provided, however, that in the discretion of the Board for good cause shown, a hearing may be closed upon the request of a party to protect the privacy of individuals such as juveniles and victims of sexual assault. Also, Board deliberations may be conducted as provided for in subsection IV.GB.2.b.(2) below, but the Board's decision shall be announced in public once they have concluded their deliberations, as well as posted on the Board's website. II.APPLICABILITY This Policy shall be applicable to all sworn police officers of the City. III. COMPOSITION 1. Number and Method of Appointment: The Board, whose members shall be reflective of the diversity of the City's population, shall be comprised of eleven (11) members, and two (2) non-voting members with 15 years of law enforcement experience with investigative experience preferred, who shall be appointed by the City Council. No individual shall be nominated or appointed if any of the disqualifiers set forth herein apply to that individual. Appointees shall be eligible to vote, reside in the City of Virginia Beach and reflect the racial, gender/gender identity, and socio- economic diversity of the City's population, and shall be chosen on the basis of expertise and experience in fields relevant to the performance of the duties of the Board. At least two (2) voting members of the Board shall be under the age of forty (40). No voting or non-voting Board member may be a current City employee. However, voting members may be former City employees if honorably separated from service for at least five (5)years. Staff: The City Manager will designate an existing staff member or hire from a pool of Independent Citizens Review Board vetted applicants, a Board Coordinator. The Board Coordinator may monitor investigations, and will conduct trend analysis, and coordinate community outreach with applicable City staff. City staff and resources will be made available to the Board Coordinator as appropriate so as to facilitate the execution of duties. 2. Disqualifiers: No person may serve on the Board, in either a voting or non- voting capacity if any of the following apply: public office holder or candidate for such office; employed by, or immediate family member of someone employed by the City; current employee of any law enforcement agency; convicted felon (unless rights have been restored AND felony conviction did not involve moral turpitude, sex offense, domestic assault, offenses involving children as victims, gun violations or any crime of violence as defined in Section 18.2-288 of the Code of Virginia); any misdemeanor conviction involving moral turpitude, sex offense, domestic assault, or offenses involving children as victims or gun violations; currently or previously subject to a 2 protective order; less than honorable discharge from the military; multiple DUI convictions within 10 years; any pending criminal charges/adjudication; outstanding judgements; pending litigation against the City by appointee or immediate family member; or pending litigation against a law enforcement officer by appointee or immediate family member. Any appointee shall promptly self-report changes in circumstances that may cause him or her to be disqualified. 3. Conflict of Interest: No appointee shall be an officer or employee of the City, or an immediate family member, as defined by the Virginia Conflict of Interests Act, of any officer or employee of the City. Should a matter come before the Board in which a member of the Board's personal interests may influence his or her ability to hear an issue or case in an impartial manner, that member shall abstain from participating therein, including hearing and/or discussing the particular matter. The Board member shall indicate to the Chairperson the existence and nature of the conflict, and thereafter the Board member shall be excused from hearing and/or participating in the matter. 4. Term: Of those voting members initially appointed, four (4) will be appointed for terms of three (3) years, four (4) will be appointed for terms of two (2) years, and three (3) will be appointed for a term of one (1) year. Of those non-voting members initially appointed, one (1) will be appointed for three (3) years and one (1) will be appointed for two (2) years. Thereafter, all appointments shall be for terms of three (3) years. Both voting and non-voting members may be re-appointed for no more than one (1)consecutive term. 5. Removals and Vacancies: Members of the Board serve at the pleasure of the City Council. Members shall be removed for a) missing two (2)consecutive meetings of the Board without appropriate excuses delivered to the Chair of the Board within a reasonable period of time, b) repeated failure to perform Board member duties, to include completion of any assigned training, c) violation of the Standards of Professional Conduct or confidentiality agreement, or d) a post-appointment change in facts or circumstances which would have caused the member to have been disqualified from being appointed. The Chairperson shall notify the City Clerk if any member meets 3 the removal requirement, and the City Clerk shall in turn notify City Council that their review and action may be warranted. Any vacancy occasioned by resignation, death or removal of a member will be filled for the unexpired term by appointment by the City Council. 6. Chairperson and Vice-Chairperson: At the first meeting of the Board, the members shall elect a chairperson and/or vice-chairperson from among themselves. Thereafter, a new Chairperson and Vice-Chairperson shall be elected annually at the meeting of the Board falling closest to the anniversary date of the previous Chairperson's election. If either the Chairperson or Vice-Chairperson resigns or otherwise is no longer a member of the Board, the Board shall elect another Board member to serve the unexpired term of the departing officer. The Chairperson shall be the Board's official spokesperson and shall act as liaison between the Board and the City Manager. The Vice-Chairperson shall serve in the absence of the Chairperson and as otherwise provided herein. 7. Training: The City Manager shall cause the development of Standards of Professional Conduct for Board members, as well a comprehensive training program for all appointees to the Board. Before assuming office and prior to beginning their duties, each member shall be required to agree to adhere to the Standards of Professional Conduct and complete a basic course of training, including but not limited to relevant scenario-based and lecture-based courses at the Virginia Beach Police Academy, instruction in constitutional and criminal protections, attending the Citizen's Police Academy, and ride-alongs with members of the Police Department assigned to patrolling the City. Until such time as all Board members have agreed to (signed) the Standards and have completed the training, the existing Investigation Review Panel (IRP) shall continue their current role. Completion of annual refresher training, including ride-alongs, as established by the City Manager, Chief of Police and City Attorney, shall also be required. 8. Quorum: Seven (7) voting members shall constitute a quorum. However, a majority vote, i.e., six (6) votes of eleven (11) voting members, shall be required for an 4 action to be taken, with the exception of certain items for which the policy requires a higher vote threshold. 9. Meetings: The Board shall meet as often as necessary to conduct its business in a timely manner that is responsive to citizen complainants and provides for the compliance with time constraints set forth herein. Public notice of meetings shall be given by the Department of Human Resources at least forty-eight(48) hours in advance of the meeting. IV.AUTHORITIES, DUTIES AND FUNCTION A. JURISDICTION OF BOARD 1. Citizen Request for Review: The Board shall, upon the request of any citizen who has filed a formal complaint with the Police Department, Board Coordinator or City Manager's Office regarding the conduct of a sworn member of the Police Department, and who has received from the Police Department a disposition letter regarding such complaint, conduct an independent review of the fmdings of the Police Department's Internal Affairs Office investigation into that matter, with the following exceptions: a. The Human Resources Director or designee shall provide copies of the citizen's request for a review along with the complete Internal Affairs investigative file, other than those that meet the criteria of subsections b., c., and d. immediately below,to the Board. b. The Human Resources Director or designee, in consultation with the Police Department, and if needed, the City Attorney's Office and Commonwealth's Attorney's Office, shall determine if a complaint concerns matters which are the subject of pending criminal proceedings. If so, the Human Resources Director or designee shall send a letter to the complainant, informing the complainant that the complaint is being deferred indefinitely pending resolution of the criminal proceedings. The letter shall provide the complainant with appropriate contact information so the complainant may 5 contact the Human Resources Department once the criminal proceedings have concluded and request a hearing at that time. The letter shall advise the complainant that any such request for a Board hearing must be made no later than thirty days after the conclusion of the criminal proceedings, including any appeals. c. The Human Resources Director or designee, in consultation with the City Attorney's Office, shall determine if a complaint concerns matters which are the subject of pending civil proceedings. If so, the Human Resources Director or designee shall send a letter to the complainant, informing the complainant that the complaint is being deferred indefinitely pending resolution of the civil proceedings. The letter shall provide the complainant with appropriate contact information so the complainant may contact the Human Resources Department once the civil proceedings have concluded and request a hearing at that time. The letter shall advise the complainant that any such request for a Board hearing must be made no later than thirty days after the conclusion of the civil proceedings, including any appeals. d. The Human Resources Director or designee shall determine if the complaint concerns discipline covered by the City's Disciplinary Policy and Procedure and Grievance Procedure. If so, the Director or designee shall inform the complainant in writing that such discipline is not subject to review by the Board. 2. Other Mandated Reviews: The Board shall conduct an independent review of any Internal Affairs Investigation into the death or serious injury of any person as a result of police action, subject to the provisions in IV.A. 1.b, c and d above. 3. Board and Administration Initiated Reviews a. The Board may direct the Board Coordinator to conduct real time passive monitoring of any ongoing Internal Affair's investigation into a citizen complaint, obtain updates and report those findings to the Board to the 6 extent that it allows the Board to update the community as to the progress of the investigation (number of witnesses interviewed to date, number of anticipated further witnesses to contact, delays encountered/anticipated, etc.). b. The Board may, upon notice to the involved citizen, self-initiate an independent review of any completed Internal Affairs investigation of a citizen complaint except in those cases exempted in IV. A. 1. b, c, or d above. c. The Board may self-initiate an independent review of any completed Internal Affairs investigation into any incident that rises to their attention and that,by majority vote of the full Board, they decide warrants Board review except in those cases exempted in IV.A. 1. b, c, or d above. The Board may initiate a review due to any number of factors, including public response to a police incident or investigation. d. The Board may conduct an independent review of the completed Internal Affairs investigation into any citizen complaint at the request of the City Manager or the Chief of Police except in those cases exempted in IV.A. 1. b, c, or d above e. The Board may also self-initiate an independent review of any proposed or existing policy or practice of the Police Department, as well as conduct such a review at the request of the City Manager or Police Chief. 4. Community Outreach and Education a. The Board chairperson and vice-chairperson, with assistance by other Board members, the Board Coordinator and support from City Staff, shall develop a strategic communications plan in order to promote the existence, purpose/ jurisdiction and processes of the Board to the community at large in an effort to create broad awareness of the Board's powers as another mechanism to ensure accountability and transparency regarding the actions of Police Department members. Outreach and education efforts should be persistent and may include: being available for interviews, appearances on various media, speaking to civic groups, website upkeep, development/distribution of brochures and social media presence. B. PROCEDURE 1. Independent Review Process: a. The Police Department shall inform the complainant of Internal Affairs Office investigative findings by mail to the most recent address provided by the complainant, and shall provide a brochure explaining the Virginia Beach Independent Citizen Review Board Process and a Request For Review Form. At the same time Internal Affairs notifies the complainant, they shall also notify the Human Resources Director or designee,who shall promptly send a subsequent notification and Request For Review Form to the complainant. b. The Request for Review Form submitted by a complainant shall include identifying information, a statement describing the nature of the original complaint and/or allegations, the reasons for the requested review and supporting evidence, and a complete list of the names, addresses, and telephone numbers of all known witnesses. c. Requests for review shall be made in writing, addressed to the Director of Human Resources and shall be delivered or postmarked within ninety (90) calendar days from the date the Police Department Internal Affairs Office investigative findings are mailed to the complainant. The time for filing may be extended by the Board for good cause shown. d. The Director of Human Resources shall cause an acknowledgement of receipt and acceptance of the Request for Review to be sent to the complainant within five (5)working days of such receipt. e. Unless a majority of the members present at the meeting vote to waive the requirement, no written material,recordings or videos shall be considered by 8 the Board which was not made available to the Board at least five (5) days prior to the hearing. 2. Hearing: a. Upon notification by the Independent Citizen Review Board that the Board is going to conduct a review of a particular Internal Affairs Investigation,the Police Department's Internal Affairs shall provide the Human Resources Director or designee a complete copy of the relevant investigative file for distribution to the Board. No subpoena or other legal process shall be required for the Board to obtain the complete file from the Police Department.Absent extenuating circumstances,the Board shall,within thirty (30) calendar days of receipt of the complete Police Department investigative report and file, conduct a hearing to review the departmental investigation. The Human Resources Director or designee shall send notification of the date and time of the hearing to Board members, the Police Department's Internal Affairs Office, the City Attorney's Office, and the complainant. Board review hearings shall be recorded and records maintained by the Department of Human Resources in accordance with the Library of Virginia Records Retention and Disposition schedule. b. At the hearing, the complainant shall state the specific reason(s) for the request for review, present supporting evidence, and provide statements pertinent to the allegation as stated on the Request For Review Form. Information not listed on this form cannot be presented at the Board Review, except as deemed appropriate by the Board. Upon completion of the complainant's statement, a Police Department representative familiar with the investigation shall present all findings of fact and a review of all evidence collected and received, including witness statements, subject to the following limitations: (1) The statement of any police officer who was required by the Department to give a statement under the provisions of Garrity v. 9 New Jersey, 385 U.S. 493 (1967) shall not be revealed in public. The Board shall have confidential access to the entire statement for the purpose of its review. The Internal Affairs officer presenting information to the Board may publicly state only that the officer admitted or denied the allegation, unless the officer consents to the public release of the entire statement. (2) The Board may convene in private to deliberate; provided, however, that any deliberations by the Board which do not address the alleged improper conduct or performance of duties of a public officer or employee shall be conducted in an open public hearing. Neither the Police Department representative nor any Board member shall reveal the identity of any victim of sexual assault, unless authorized to do so by the victim, or of any juvenile. c. Each member of the Board shall,prior to the hearing, be provided access to a complete copy of the Internal Affairs Office file. Board members shall not cause additional copies of any portion of such files to be made. The file is deemed a personnel record and shall not be disclosed nor shall copies be provided to the public. Such files shall be returned, fuly intact, to the director of Human Resources or designee at the conclusion of Board proceedings regarding each particular matter.All recordings of statements prepared in the course of the Police Department's investigation shall be made available to the Board. Prior to providing the file to the Board, the Director of Human Resources, in consultation with the Internal Affairs Office, shall determine if the file contains information concerning an identifiable juvenile. If the file contains such information, the Director of Human Resources shall forward the file to the City Attorney or designee, who shall redact information that identifies a juvenile in conformance with the requirements contained in Virginia Code § 16.1-301 or any successor provision. 10 d. The Board, in its discretion, may invite any person previously identified as a witness to appear at such hearings to answer questions proffered by the Board. e. During any Board review of a completed Internal Affairs investigation, the Board Coordinator may request from the Board an application for a subpoena to a Circuit Court Judge. Such request shall be made after all good faith attempts to obtain an interview or documentary evidence are exhausted. To make a request for subpoena application, the Board Coordinator must demonstrate necessity; obtain a legal review; prior to any Board vote, counsel for the Board shall be retained to provide advice regarding the potential application. Counsel shall be vigilant to advise regarding potential conflicts and interference with ongoing investigations or those that are contemplated as well as ethical considerations applicable to any application. The City Attorney, the Commonwealth's Attorney and the Internal Affairs Office shall be afforded the opportunity to express any concerns regarding the proposed application for subpoena directly to the Board prior to their vote on the matter. A super majority of the Board will be required to approve any request which shall be filed by counsel who will be bound by the rules of procedure and ethics in such application. Any application shall seek specific and relevant information that cannot be obtained by voluntary means or other recourse. See Rule Section 4:9 of the Rules of the Supreme Court of Virginia. See also Code of Virginia Section 9.1-601(D). After such steps, the Board must approve the application by an affirmative vote of at least 8 members. If the Board approves the request, then such application shall be made to a Circuit Court Judge no sooner than five (5) business days after the the Board has notified Internal Affairs, the City Attorney and the Commonwealth's Attorney that such application is to be made. f. Except in those cases exempted under IV. A. 1. b, c, or d above the City Manager or designee shall require the attendance and testimony of any 11 employee whose appearance is requested by the Board,and shall also require the production of any relevant documents or other materials in the possession of the Police Department, or other City departments, therefore subpoena power is unnecessary for the Board to gain access to City employees or evidence in the possession of the City. a. Any person appearing before the Board may be accompanied by legal counsel such counsel may advise their client regarding testimony, including response to specific questions,however, counsel shall not be authorized to participate in the proceedings. 3. Real-time Monitoring Process: a. Upon notification of an Internal Affairs investigation initiated by citizen complaint to either the Board,the City Manager,or Internal Affairs,the Board may direct the Board Coordinator to conduct real-time passive monitoring of the investigation,based upon severity of the allegation(s). b. On behalf of the Board, the Board Coordinator will be briefed by Internal Affairs on investigative approach and anticipated timeline. c. Periodically or upon request,the Board Coordinator shall provide the Board updates on the investigation progress and sufficiency. d. If the Board Coordinator determines an investigation is insufficient before conclusion, because the complainant or witness has refused to be interviewed by Internal Affairs, the Board Coordinator may conduct an independent interview. In advance of any such interview, the Board Coordinator shall coordinated with Internal Affairs, who may also provide technical advice where appropriate. All statements, evidence, etc. obtained by the Board Coordinator will be provided to Internal Affairs. 12 C. FINDINGS/RECOMMENDATIONS 1. Findings: In its findings, the Board may: a. Concur with the findings of the Police Department investigation; b. Advise the City Manager that the findings are not supported by the information reasonably available to the Department, setting forth the Board's reasoning for this determination; or c. Advise the City Manager that in its judgment the investigation is incomplete, setting forth what more the Board believes needs to be done. Upon a finding by the Board under the provisions of b. or c., the City Manager, upon consultation with the City Attorney and Chief of Police, shall direct further action as he deems appropriate. 2. Recommendations: The Board may recommend to the City Manager that a specific Police Department policy or procedure be revised or amended, setting forth specifics and the Board's rationale for the recommended changes. 3. Reporting: a. The Department of Human Resources shall, within five (5) working days of the conclusion of the Board's deliberations, submit a report of the Board's findings and recommendations to the City Manager. Thereafter, the Board shall notify the complainant of the findings and recommendations of the Board, and a copy of such findings and recommendations shall be made available to the public in accordance with the Freedom of Information Act. Additionally, the Police department must provide a written response to the City Manager for any findings of the Board under C. 1. b. or c. above, or for any recommendations of the Board regarding Police Department policies or procedures within fifteen (15) business days of receipt of the report from the Department of Human Resources. If it is not practically possible to provide a full response within fifteen business days, the Police Department shall inform the City Manager and the Board in writing of 13 the specific circumtances that necessitate a delay and shall then have up to fifteen additional business days in which to provide the final response. Such written responses from the Police Department shall be provided to the Board by the City Manager, and shall be made available to the public in accordance with the Freedom of Information Act. b. Within ten (10) business days of the end of each quarter, with staff support, the Board will provide to City Council a summary report of the Board's activities for the previous quarter. Additionally, on or before January 31st of each year, the Board shall, with staff support, provide to the City Council an end-of-year summary and analysis of its activities during the previous year. All such reports shall be made available to the public in accordance with the Freedom of Information Act. D. BOARD RULES The Board shall, at its initial meetings, formulate rules of procedure governing its operations, not inconsistent with this directive. E. AMENDMENTS The City Manager may, from time to time after consultation with the Board, amend the provisions herein. This policy shall become effective on the date that it is signed by the City Manager. City Manager Date APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Date 14 APPROVED AS TO CONTENT: Department of Human Resources Date 15 1 1 S> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease Extension with Land of Promise Farms Partnership for One (1) year for 186+/- Acres of City-owned Farm Land Located on Indian River Road and North Landing Road MEETING DATE: November 16, 2021 • Background: On July 5, 2016, City Council authorized the lease (the "Lease") of 186 +/- acres of city-owned farm land located on Indian River Road and North Landing Road, GPIN: 1483-95-6756 (the "Premises"), by ORD-3454N, to Land of Promise Farms Partnership ("Land of Promise"). The Lease will terminate on December 31, 2021, and Land of Promise would like to extend the term for an additional year. The City of Virginia Beach acquired the farm land on November 19, 2014 as part of the Oceana and Interfacility Traffic Area Acquisition Program, which was designed to acquire property situated in the flight path between Naval Air Station Oceana and Naval Auxiliary Landing Field Fentress. • Considerations: The term of the Lease Extension is one (1) year with no renewal option. The City has the right to terminate the Lease with ninety (90) days' notice. For more specific terms, see the attached Summary of Terms. The City acquired the Premises for $3,728,132.00, funded through a partnership with the Commonwealth of Virginia. As of the date of commencement of the Lease Extension, approximately $51 ,000.00 of the Commonwealth's $1 ,864,066.00 contribution will have been refunded to the Commonwealth. This Lease Extension will yield an additional $21,250.00, 50% of which ($10,625.00) will be remitted to the Commonwealth. Should the City sell the Premises in the future, the amount to be refunded to the Commonwealth will be reduced by the interim payments made. • Public Information: Advertisement of Public Hearing • Alternatives: Approve the Lease Extension as presented, change conditions of the Lease Extension, or allow the Lease to expire. • Recommendation: Approval • Revenue restrictions: The City funded the acquisition of the City Property through the partnership with the Commonwealth of Virginia. The proceeds from the rent payment in the amount of $21,250.00 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in 100282 (formerly known as CIP 9-059), Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Location Map, Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: - 7 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE EXTENSION 3 WITH LAND OF PROMISE FARMS PARTNERSHIP 4 FOR UP TO ONE (1) YEAR FOR 186+/- ACRES OF 5 CITY-OWNED FARM LAND LOCATED ON INDIAN 6 RIVER ROAD AND NORTH LANDING ROAD 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road in Virginia Beach, 10 Virginia (the "Premises"); 11 12 WHEREAS, the City acquired the Premises pursuant to the ITA Acquisition 13 Program, an element of the City's BRAC response program; 14 15 WHEREAS, the City funded the acquisition of the Premises through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, Land of Promise Farms Partnership ("Land of Promise Farms") is 20 the current Lessee of the Premises and would like to extend its lease and continue to 21 use the Premises for agricultural purposes, such as farming, and for no other purpose; 22 and 23 24 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 25 $21,250.00 for one (1) year for the use of the Premises. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease extension for one 31 (1) year between Land of Promise Farms Partnership and the City for the Premises, in 32 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 33 hereof, and such other terms, conditions or modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Further, that revenue from the lease of the Premises in the amount of $21,250.00 37 shall be received and fifty percent (50%) of this amount shall be deposited for 38 appropriation in future Capital Improvement Program capital budgets in 100282 39 (formerly known as CIP 9-059), Oceana Interfacility Traffic Area Conformity and 40 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 41 Manager to refund the Commonwealth's portion in accordance with the grant 42 agreement. 43 44 This ordinance shall be effective from the date of its adoption. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 47 , 2021. APPROVED AS TO CONTENT APPROVED AS TO CONTENT I \ y ��` r/ ud Mget and anagemen ervices Public Works/Facilities Management APPROVED AS TO LEGAL SUFFICIENCY AND FORM v Low City t me CA15418 R-12021.\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d027\p042\00760736.doc November 5, 2021 EXHIBIT A SUMMARY OF TERMS LEASE EXTENSION FOR 186+/- ACRES OF CITY-OWNED FARM LAND LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD LESSOR: City of Virginia Beach LESSEE: Land of Promise Farms Partnership PREMISES: 186+/- acres of farm land located on Indian River Road and North Landing Road (GPIN: 1483-95-6756) TERM: January 1, 2022 — December 31, 2022 RENT: $21,250.00 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration and waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain workers compensation insurance, commercial general liability insurance and automobile liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises without written prior notice after it has been determined that an emergency exists. TERMINATION: • City may terminate by giving ninety (90) days' advance written notice, with payment for any growing crops unable to be harvested as a result of the termination. w\B Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay ? Preservation Area ' Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Plannin:.Commission and Cit. Council meetin that:.ertains to the a .lication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: 0REVISIONS SUBMITTED DATE: Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list If necessary)� lNcrs1e /and oP 1 ronUse grins' �ar}her4 i — a.la Do� H. . f ors Ton d Shane. ors .Br n n an ors fey (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is Afferent from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to Inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • o-' . - -- Virginia Beach t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities? See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 4 - . SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO [ SERVICE PROVIDER (use additional sheets if needed) ❑ (]� Accounting and/or preparer of your tax return ❑ d Architect/Landscape Architect/ Land Planner z9 Contract Purchaser(if other than (� the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) El Construction Contractors ❑ [2/. Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ow Virginia Beach --- Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services ,_,( Real Estate Brokers /Agents for ��//U current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El an interest in the subject land or any proposed development j contingent on the subject public action? 1 If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: i I certify that all of the information contained in this Disclosure Statement Form is I complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin of an ublic bod or committee in connectionconnection with this Application. - U O'A141 id. orS% y iat4 APPLICANT'S SIGNATURE PRINT NAME DATE I PROPERTY OWNER'S SIGNATURE PRINT NAME DATE v. The disclosures contained in this form are necessary to Inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. paC 1 a dWm- � ' e 1 I' -c 'if .1-1 4 i- i _2 -: #j 1 - r-;' , • ,„ A - -iff. - . 4 1' I ,' , $ .1 I r i e'l i f 4 , ,a, 410 ! i I I , ." - 4 f C ' Jr v ., 401 4 J • . „." v —. 4 .1 I . 4,,N4 . . I -, i _ I f :. - Ifs '. I 1.Z "I $ , —r -•• .,. T i ''.0, r( 4 I di ,.. I 4 i. -e -) ; 4" ..., ,1 . ,i• • I '4(4 ' f i_A.‘.1 ,9r N , , t 44 , : I, ! 4 • i je I t .4- 4 ...' 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This initiative is supported by the Hampton Roads Planning District Commission. Local businesses create jobs, boost the local economy, and preserve our neighborhoods. In recognition of these contributions, the City Council would like to enact a resolution to declare November 15— December 15, 2020 as "Buy Local Month." • Considerations: The attached resolution declares November 15 — December 15, 2021 as "Buy Local Month." The resolution urges all citizens to join in this celebration and to buy local for the holidays and throughout the year. • Public Information: Normal Council agenda process. • Attachments: Resolution; HRPCD Resolution 2021-02 Requested by Councilmember Wooten REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO DECLARE NOVEMBER 15 -- 2 DECEMBER 15, 2021 AS BUY LOCAL MONTH 3 4 WHEREAS, local businesses create jobs, boost the local economy, and preserve 5 our neighborhoods; and 6 7 WHEREAS, in recognition of these contributions, the City Council would like to 8 enact a resolution to declare November 15 — December 15, 2021 as "Buy Local Month; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA, THAT: 12 13 The Council hereby declares November 15-December 15, 2021 as "Buy Local 14 Month," and it urges all citizens to join in this celebration and to buy local for the holidays 15 and throughout the year. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: or s i e CA15634 R-1 November 4 2020 HAMPTON ROADS j4 PLANNING MIMIC?COMM73510N 1411.1111100 HAMPTON ROADS PLANNING DISTRICT COMMISSION RESOLUTION 2021-02 RESOLUTION OF THE HAMPTON ROADS PLANNING DISTRICT COMMISSION ACKNOWLEDGING NOVEMBER 15,2021 THROUGH DECEMBER 15,2021 AS BUY LOCAL MONTH WHEREAS, The Hampton Roads Planning District Commission is proud to bring the region together in supporting and celebrating local independent businesses and the impact they have on the region's culture,economy and character; and WHEREAS, by"Buying Local," Hampton Roads' residents encourage a strong sense of pride in our community; and WHEREAS, by "Buying Local," Hampton Roads' residents help to improve and protect the environment.The purchasing habits, central location,and smaller footprint of local businesses often results in less pollution and congestion;and WHEREAS, by "Buying Local," Hampton Roads' residents keep money circulation in the local economy while supporting local businesses; and WHEREAS, by acknowledging November 15, 2021 through December 15, 2021, as Buy Local Month, the Hampton Roads Planning District Commission supports local businesses that create jobs,boost the local economy,and preserve neighborhoods. Now, therefore, be it resolved that the Hampton Roads Planning District Commission hereby: Acknowledges November 15, 2021 through December 15, 2021 as "Buy Local Month," and urges all residents to join in this celebration and to Buy Local for the holidays and throughout the year. APPROVED AND ADOPTED by the Hampton Roads Planning District Commission this 21st day of October 2021. Aff Andria P. cClellan Robert A. Cr Jr. Chair Executive Dir• tor Hampton Roads Hampton Roads Planning District Commission Planning District Commission rSP cy1. 1 firs,) CITY OF VIRGINIA BEACH `.., AGENDA ITEM 1 ITEM: Resolution (1) Approving the Execution of the First Amendment to the Dome Site Development Agreement, (2) Establishing Capital Project #100606, "Atlantic Park Offsite Infrastructure", and (3) Appropriating $17,729,147 for Offsite Infrastructure MEETING DATE: November 16, 2021 • Background: The City of Virginia Beach (the "City"), through its City Manager and staff, has engaged in extensive negotiations with representatives of Atlantic Park, Inc., a Virginia corporation ("Developer"), regarding the development of a mixed-use project on and around property owned by the City of Virginia Beach Development Authority (the "VBDA") located in the Oceanfront Resort area commonly known as the "Dome Site". On November 19, 2019, City Council and the VBDA each adopted resolutions authorizing the City Manager and the VBDA Chair to enter into the Dome Site Development Agreement (the "Development Agreement") and authorizing supplemental actions to allow for the multi-block, multi-use project (the "Project") to proceed. The Development Agreement was fully executed on December 23, 2019, and since that time, the parties have diligently pursued due diligence, pre-development and property acquisition activities as set forth in the Development Agreement. As the parties have continued to refine their plans and the development process, they have determined that certain amendments to the Development Agreement are necessary to promote successful development of the project. These changes will be documented in the First Amendment to Dome Site Development Agreement (the "First Amendment"), a summary of which is set forth in the Summary of Modified Terms attached to the Resolution as Exhibit A. below. The material changes set forth in the First Amendment are as follows: 1. The Project will be constructed in two phases. The first phase will be constructed on the Project area north of 18th Street, including the North and Northwest Blocks separated by Artic Avenue (the "Phase I Land") and will consist of (i) two parking garages with a total of approximately 1 ,459 spaces, (ii) the surf lagoon, (iii) approximately 100,000 sq. ft. of experiential retail, (iv) a 3,500 person capacity entertainment venue, and (v) 300+/- apartments. The scope and location of Phase II will be determined after Phase I is under construction. 2. Of the planned $7,500,000 in funding for upgraded streetscapes appropriated for the Project, $6,000,000 will be allocated to Phase I. Although the scope and exact layout of Phase II is to be determined, the First Amendment will include deadlines and processes for the development of that phase. 3. The Performance Grant, which is currently a maximum of $5,000,000 of Project- generated revenues, will be divided between the phases, with $3,000,000 allocated to Phase I and $2,000,000 allocated to Phase II, subject to a possible final adjustment prior to the closing on Phase I based on the then-projected uses, sales and tax revenues for Phase I and Phase II. 4. The Pre-Development Phase Outside Date for Phase I will be extended from September 23, 2021 until May 1, 2022, with a revised design budget providing for $3,087,964.92 in previously appropriated design costs being authorized in the Pre- Development phase instead of in the Construction Documents Phase. No additional funds are being appropriated for design costs by this action. 5. The Outside Financing Commitment Date for Phase I will be extended from December 31 , 2021 until June 1, 2022, reflecting the extension of the Pre-Development Phase. The first Closing under the Development Agreement will not occur sooner than thirty (30) days after the date the Developer delivers its financing commitment to the City as required by the Development Agreement. 6. Garage Operations and Maintenance Costs will be shared by the parties on a pro-rata basis (public v. private use), with the Developer responsible for its share of actual costs through the end of the first full fiscal year, with any cost increases thereafter to be capped at five percent (5%) per year on a cumulative basis. If funds are limited by such cap, the garages may be managed to meet the resulting budget. 7. The acquisition cost of each parking space in the Parking Garages in Phase I will be fixed at $30,000 per space. 8. The closing of Phase I under the Development Agreement will be bifurcated. At the initial closing (expected to occur around June 1, 2022), the parties will close all aspects of the transaction with respect to Phase I contemplated by the Development Agreement other than the CDA. This will include the Developer (i) closing on its construction loan for Phase I and contributing at least $10,000,000 in equity to the Project as approved by the Construction Lender, and (ii) subjecting the Phase I Land to the ground lease(s) and the condominium regime contemplated by the Development Agreement. Between the first and second closing, site development work may commence on the Northwest Block and each party shall make its respective proportionate contribution towards payment for such construction in accordance with the terms of the Development Agreement on a "pay-as-you-go" basis. However, the VBDA's contribution will not exceed $3,000,000 until the second closing occurs. 9. On or before December 31 , 2022, the second closing of Phase I covering all remaining elements contemplated by the Development Agreement must occur. At that time, the CDA will issue its Phase I bonds, and the VBDA will make the portion of the City Contribution allocable to Phase I (the amount needed to finish construction of the Phase I Parking Garages and the $6,000,000 for streetscapes), with the VBDA being reimbursed the up to $3,000,000 spent after the initial closing out of the Parking Construction Fund. The Developer may also separately cause bonds to be issued to finance the Surf Park. If the second closing does not occur on or prior to December 31, 2022, the VBDA will have the option to terminate all agreements and otherwise unwind the transaction without recouping amounts spent on construction occurring after the first closing or other costs. 10.To provide for the construction of certain off-site public infrastructure, the City proposes to establish CIP #100606 (the "Offsite Infrastructure"), as described on Exhibits B & C, attached hereto. The appropriation of $17,729,147 will be to the FY 2021-22 Operating Budget and transferred to the Capital Improvement Program as pay-go funding. Such funds from CIP #100606 would be loaned to the Atlantic Park Community Development Authority (the "CDA") to construct the Offsite Infrastructure. Such amounts constitute CDA debt for purposes of the applicable state law, and accordingly, the obligation for repayment will be included in the debt issuance by the CDA in the second closing of Phase I. The CDA would authorize a contract for the construction of the Offsite Infrastructure, using a cost-participation model where possible. The funds from CIP#100606 would be repaid to the City over time from CDA proceeds, after the retirement of the bonds issued by the CDA for the Project, or from excess proceeds after debt service on the bonds. 11. The First Amendment also contains numerous technical changes to implement the above concepts, such as amended definitions to allow for Phase I and Phase II to proceed on separate tracks. ■ Considerations: The re-development of the Dome Site will lead to economic development around the Project, attract visitors to the resort area in the off-season and expand the entertainment options for the citizens of the City. The proposed amendments will allow the Project to proceed to construction, which is now anticipated to commence in June of 2022. Legislation sponsored by Delegate Knight and Senator Wagner (Section 15.2-5928, et seq., of the Code of Virginia) ("Knight-Wagner") authorizes the recapture of certain sales tax revenues from a sports and entertainment project at the Virginia Beach oceanfront to assist in paying for that project. Knight-Wagner requires the City to submit a report to the General Assembly 30 days prior to the execution of the Development Agreement or an amendment thereto. The initial report was submitted immediately after City Council approved the Development Agreement. A revised report would be submitted to the General Assembly if the First Amendment is approved. The First Amendment will not be executed if the General Assembly objects to the First Amendment. ■ Public Information: This item will be advertised via the normal City Council agenda process. ■ Alternatives: Approve the First Amendment to Development Agreement as presented, approve with modifications, or do not approve. ■ Recommendation: Approval • Attachments: Resolution Exhibit A — Summary of Modified Terms Exhibit B - CIP 100606 Summary Page Exhibit C — Description of Offsite Infrastructure Location Map Disclosure Statement Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: Al:). -) 1 RESOLUTION (1) APPROVING THE EXECUTION OF THE 2 FIRST AMENDMENT TO THE DOME SITE DEVELOPMENT 3 AGREEMENT, (2) ESTABLISHING CAPITAL PROJECT 4 100606 "ATLANTIC PARK OFFSITE INFRASTRUCTURE", 5 AND (3) APPROPRIATING $17,729,147 FOR OFFSITE 6 INFRASTRUCTURE 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "VBDA"), the City Manager and City staff have 10 engaged in extensive negotiations with representatives of Atlantic Park, Inc., a Virginia 11 corporation ("Developer"), in connection with the development of a mixed-use project (the 12 "Project") on and around the VBDA-owned property commonly known as the "Dome Site"; 13 14 WHEREAS, on November 19, 2019, the City Council and the VBDA each adopted 15 resolutions approving the terms and conditions for the development of the Project, as set 16 forth in a comprehensive agreement between the parties (the "Development Agreement"); 17 18 WHEREAS, as the parties have proceeded with due diligence and pre- 19 development activities as contemplated by the Development Agreement, they have 20 determined that certain modifications to the Development Agreement are necessary and 21 appropriate to achieve the successful completion of the Project, and a summary of such 22 modifications are set forth in the Summary of Modified Terms, attached hereto as Exhibit 23 A; 24 25 WHEREAS, in addition to the proposed amendments to the terms of the 26 Development Agreement, City Council has determined that the establishment of CIP 27 #100606 and the appropriation of $17,729,147, to provide for the Description and Scope 28 described on Exhibit B, and as summarized on Exhibit C attached hereto (the 29 "Infrastructure"), would not only benefit the Project, but would also better provide for the 30 infrastructure needs of the overall oceanfront resort area; 31 32 WHEREAS, to assist in financing the obligations of the parties with respect to the 33 Project, prior to the execution of the Development Agreement, the parties requested that 34 the General Assembly authorize the use of sales and use tax revenues for the Project as 35 contemplated by §15.2-5928, et. seq. of the Code of Virginia ("Knight-Wagner"); 36 37 WHEREAS, Knight-Wagner requires submission of a revised report to the General 38 Assembly prior to the execution of an amendment to the Development Agreement; and 39 40 WHEREAS, City Council is of the opinion that approval of the First Amendment 41 and the construction of the Infrastructure will be beneficial to the residents of the City and 42 the Commonwealth of Virginia, and is in the best interests of the City. 43 44 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 1 . That the City Council finds the foregoing actions and approvals related to 47 the Project at the Dome Site will promote the trade, commerce, and industry of the City 48 and its residents, give publicity to the City's resources and advantages, and further the 49 City's efforts to reinvigorate a portion of the City designated by the City Council in 50 December 2009 as a recovery zone. 51 52 2. That the City Council hereby authorizes the City Manager to enter into a 53 first amendment to the Development Agreement so long as it is consistent with the 54 Summary of Modified Terms and in legal form acceptable to the City Attorney. 55 56 3. That the City Council establishes Capital Project 100606, "Atlantic Park 57 Offsite Infrastructure", for the purpose of causing the construction of the Infrastructure. 58 59 4. That the City Council appropriates $17,729,147 from the fund balance of 60 the General Fund to the FY 2021-22 Operating Budget and transfers same as pay-go 61 funding to the Capital Improvement Program for Capital Project #100606, "Atlantic Park 62 Offsite Infrastructure" for the construction of Infrastructure. 63 64 5. The City Manager is hereby authorized, if he deems it advisable and 65 expeditious to do so, to take such steps as are necessary to loan the funds appropriated 66 to Capital Project #100606 to the Atlantic Park Community Development Authority (the 67 "CDA") for the purpose of causing the construction of the Infrastructure, as described in 68 Exhibit C, attached hereto and made a part hereof, so long as those funds are repaid to 69 the City from excess funds of the CDA after the retirement of bonds issued by the CDA 70 for the development of the Project. 71 72 6. That the City Council directs the City Manager to submit a detailed written 73 report ("Knight-Wagner Report") to the General Assembly that provides the First 74 Amendment and any changes or amendments to the report caused by the First 75 Amendment. 76 77 7. That the City Manager is hereby authorized to execute the First Amendment 78 not less than thirty days from the date the Knight-Wagner Report was submitted to the 79 General Assembly. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 82 , 2021 . Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 494,...%., I o'er __- City Manager City Attorney APPROVED AS TO CONTENT: Department of Budget and Management Services CA15421 ,vbgov.com\dfs t\applications\citylaw\cycom32\wpdocs\d006\p031\00601732.docx R-3 November 10, 2021 11/10/2021 12:50 PM EXHIBIT A SUMMARY OF MODIFIED TERMS 1 . The Project will be constructed in two phases. The first phase will be constructed on the Project area north of 18th Street (the "Phase I Land") and will consist of (i) two parking garages with a total of approximately 1 ,459 spaces, (ii) the surf lagoon, (iii) approximately 100,000 sq. ft. of experiential retail, (iv) a 3,500-seat entertainment venue, and (v) 300+/- apartments. The scope and location of Phase II will be determined after Phase I is under construction. 2. Of the planned $7,500,000 in streetscapes appropriated for the Project, $6,000,000 will be allocated to Phase I. Although the scope and exact layout of Phase II is to be determined, the First Amendment will include deadlines and processes for the development of that phase. 3. The Performance Grant, which is currently a maximum of $5,000,000 of Project- generated revenues, will be divided between the phases, with $3,000,000 allocated to Phase I and $2,000,000 allocated to Phase II. 4. The Pre-Development Phase for Phase I will be extended from September 23, 2021 until May 1 , 2022, with a revised design budget providing for $3,087,964.92 in previously appropriated design costs being authorized in the Pre-Development phase instead of in the Construction Documents Phase. No additional funds are being appropriated for design costs by this action. 5. The Outside Financing Commitment Date for Phase I will be extended from December 31 , 2021 until June 1, 2022. This extension will allow the Developer to obtain more complete plans for its elements and more accurate pricing. Closing on the Developer's financing shall not occur sooner than thirty (30) days after the date the Developer delivers its financing commitment to the City. 6. Garage Operations and Maintenance Costs will be shared by the parties on a pro-rata basis (public v. private use), with the Developer responsible for its share of actual costs during the first year, subject to adjustment to reflect any cost increases to be capped at five percent (5%) per year. If funds are not available, the garages will be managed to meet the available budget. 7. The acquisition cost of each parking space will be fixed at $30,000 per space. 8. The closing of Phase I under the Development Agreement will be bifurcated. At the initial closing (expected to occur around June 1, 2022), the Developer will (i) close on its construction loan on the Northwest and North Blocks and contribute $10,000,000 in equity to the project, and (ii) subject the Phase I Land to the lease and the condominium regime, and (iii) make a pro rata contribution towards construction of the private elements based on overall cost of improvements (anticipated to be 11/10/2021 12:50 PM approximately 2/3 public and 1/3 private), and the VBDA will contribute up to $3,000,000 on a pay as you go basis for the start of construction of Phase I (the Entertainment Venue and two parking garages) 9. On or before December 31 , 2022, the second closing of Phase I will occur. At that time the Developer will sell bonds to finance the Surf Park, the CDA will issue its Phase I bonds, the VBDA will make the City Contribution (amount needed to finish construction of the garages, less the up to $3,000,000 spent after the initial closing), and the City will contribute $6,000,000 for streetscapes. If the second closing does not occur, the parties will have the right to unwind the transaction without recouping amounts spent on construction occurring after the first closing. 10.To provide for the construction of certain off-site public infrastructure, the City proposes to establish CIP #100606 (as described on Exhibit B, the "Offsite Infrastructure"). The appropriation of$17,729,147 will be to the FY 2021-22 Operating Budget and transferred to the Capital Improvement Program as pay-go funding. Such funds from CIP #100606 would be loaned to the Atlantic Park Community Development Authority (the "CDA") to construct the Offsite Infrastructure. Such amounts constitute CDA debt for purposes of the applicable state law, and accordingly, the obligation for repayment will be included in the debt issuance by the CDA in the second closing of Phase I. The CDA would authorize a contract for the construction of the Offsite Infrastructure, using a cost-participation model where possible. The funds from CIP#100606 would be repaid to the City over time from CDA proceeds, after the retirement of the bonds issued by the CDA for the Project, or from excess proceeds after debt service on the bonds. 11 . The First Amendment also contains numerous technical changes to implement the above concepts, such as amended definitions to allow for Phase I and Phase II to proceed on separate tracks. EXHIBIT B Fiscal Years FY23 through FY28 Capital Improvement Program Project:100606 ,Title:Atlantic Perk Offsite Infrastructure Status: Category:Economic&Tourism Development Department:Economic Development Project Type Project Location Project Type: District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future Dez r:ption and Sro e This project will allow the timely design and construction of certain offsite infrastructure connected to the Atlantic Park Project.These improvements include Pacific Avenue and 19th Street traffic signal and pedestrian crossing,Pacific Avenue and 20th Street traffic signal,18th Street Streetscape improvements from Artic to Pacific,18th Street Undergrounding Duct Bank,Arctic Avenue Streetscape improvements,Arctic Avenue Undergrounding Duct Bank,19th Street and Baltic Avenue traffic signal relocation,20th Street Streetscape Improvements and related stormwater,20th Street Undergrounding Duct Bank,and stormwater improvements abutting the Project.It Is antidpated this work will require coordination with the contractor undertaking the Atlantic Park Development,and to avoid construction conflicts and consistent with any required procurement approvals the work Is Intended to be prosecuted by cost participation agreement with the Developer of the Atlantic Park Project. Purpose and Need The work is consistent with the undergrounding of utilities and streetscape improvements undertaken in adjacent areas of the Resort Moreover,the decision to do this work now will avoid undertaking the work at a future date,which could duplicate costs.The current plan to provide these Improvements would be for the City Council to authorize appropriation of funds to the Atlantic Park Community Development Authority("CDA"),and the CDA would commit to repayment to the City from revenues that exceed debt service for such times as the CDA has bonds outstanding and thereafter from the revenues of the CDA prior to retirement of the CDA. History and Current Status This is a new project proposed to be added to the FY 2021-22 CIP. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - Total FTE - - - - - Project Map Schedule of Activities Project Activities From-To Amount 131 i may. . ae, -Nikri " �—'" e Total Budgetary Cost Estimate: ° �,, �4 e� •` -� Fundi gSubclass Amount Local Funding >ry'.. ,j yr Idol Programme: Total Non-P ogre rr rd 1 Total Funding: EXHIBIT C ATLANTIC PARK OFFSITE INFRASTRUCTURE /CIP#100606 • Pacific Avenue Replace 19th Street Signal with pedestrian crossing • Pacific Avenue Signal at 20th Street • 19th Street Improvements—Arctic to Pacific • 18th Street Dominion Duct Bank • Arctic Avenue Improvements • Arctic Avenue dominion Duct Bank • 19th Street & Baltic Avenue Signal Relocation • Baltic Avenue Stormwater Infrastructure • 20th Street Improvements & Stormwater Infrastructure • 20th Street Dominion Duct Bank Category Cost Estimates Duct banks $ 9,053,617 Signals 855,477 Streetscapes & Stormwater 6,668,208 18th Street from Arctic to Pacific 1,151,875 TOTAL $ 17,729,147 i S r I E I , 4 0 � --1-* -- 4k i I 0 ~of niFelenn. s , NJ II co •�, I! w i o I t +4 i 0 II + r i 7,' x ; i. 1 Ill I! wits! r 1 1 li ' L . * #* .. a 1 41I Ithill 24 f r i - - . _ ._ i , 0 , c, ct Mtly-o 4IDed j _ Lu J J I a. 11 / 1 r Lip 1 ,,i ; 1 i /1 CC 1 i / I t_ iliiiik 1 . \ I i ' \, , / I . + ,., �J i Er „,...... ... ..„ . „... ....... ....... .......... --... / "s, I, ti +� ":. •' / / \ . - i f I ; L.A.-It s + i t !' r , I I t ;; SO i I it. • ... £ , i Er,":,„3 i. . , Ell _- . r_ r cm k ... _____p,ILNO ,,, _______ ____:________, ,,, . ,. , , _ s r� , , k 1 `„e, t t „ter^� * ---- . 1 , cAr-_\_-- \ * '' . 1 1\ . all V . 'k VF*1\1\ , y(t} • 1 Silk \ \ Cm *\\I\, t Q ! r G __\) T. i p • v_ ~~ --'''*. \‘ * J �_ - -- m ti �: AVM - d',. -'------------- , _ \ liku- i {ttyl 8 t illii', --\ �A� Cr * AiJe E,,„1,4 ----1"--'"'*-\ -`J aikC Irk k • t r*-- • * . .. \ *r* * * * * \ - T y __ a_ w-- �� a _ ♦ eam.Z{G Ave -t \ . _ i • �1 M -- _ ry-- i E, . L :, \\:\ . anit 1 F i , , 1 \ - - - * *�- + �. \ -- - \ Disclosure StatementNB Pianning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Atlantic Park,Inc. Does the applicant have a representative? M Yes 0 No • If yes,list the name of the representative. Michael A.Culpepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ➢ Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there Is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. Revised 11.09,2020 1 i P a g e Disclosure Statement !Tanning & Commit + Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?NO Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? City of Virginia Beach Development Authority is owner. Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralfzation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ©Yes ❑ No • If yes,identify the financial Institutions providing the service. Applicant anticipates securing financing(capital provider has not been selected). 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? le'Yes ❑ No • If yes,identify the company and individual providing the service. Venture Realty Group 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property? ilk Yes ❑ No • If yes,identify the firm and individual providing the service. BDO 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. Cooper Carry,Hanbury,WPL,Klmley Horn 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes f No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g E Disclosure Statement Pia fining Conti Developfi ten 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?t Yes ❑ No • If yes,Identify the company and individual providing the service. W.M.Jordan 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,Identify the firm and Individual providing the service. WPL,Kimley Horn 8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing the service. Kaufman+Canoles piicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Coundl,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. hrt.otaPr c. "h., ,f N`. Applicant Signature M.c"4ft. A . (.0 fait 1C�..__._.Ate Print Name and Title Date is the applicant also the owner of the subject property? 0 Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/Al!disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications j No domes es or Dam ire Print Name Revised 11.09.2010 Wage Atlantic Park, Inc. Venture Realty Group Venture Realty Group 1, LLC Venture Waves,LLC Donna MacMillan-Whitaker Michael A. Culpepper John L. Gibson,III Bruce A. Berlin Elizabeth Matulenas Matthew L. Lafler Steven D. Green W.M.Jordan Company John R. Lawson H2O Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W. Bishard John K. Bishard Robert A. Deacon Disclosure Statement Nt13 !•. •ice:=:�•f:3.-- .. Planning 8 Communit Developmei urt Continue to E 4:ext Page for Owner Disclosure Revised21.09.1010 4I Page Disclosure Sta men Rf itEt "3 C}ram/'i�thi li u ... F 1,)f.'velopineii4 Owner Disclosure Owner Name city of Virginia Beach Development Authority("VBDA") Applicant Name Atlantic Park,Inc is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The owner is a political subdivision of the Commonwealth of Virginia. Attached is a list of the current Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity°relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or(iti)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement Planning °i"nn Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateraltratirm,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes I No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? D Yes L No • if yes,identify the company and Individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes kt No • If yes,Identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,Identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?0 Yes M. No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?Q Yes ❑ No • If yes,identify the firm and individual providing the service. 10mley-Hom, Vanasse Hangen Brustlin,Inc.(VHB),and MBP(McDonough Bolyard Peck) Revised 11.09.2020 6 I P a g e Disclosure atement 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?K.Yes ❑ No • if yes,identify the firm and individual providing legal the service. Singer Davis Owner Signature I certtfythat all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks pnioi to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or come In connectlo: with this application. Owner Signature Alexander W.Stiles,Senior City Attorney Print Nona and Title 02/21/21 Date Revised 11.09.2020 7 1 P a g e ftfr77- it CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the City's Participation in the Proposed Settlement of Opioid-Related Claims MEETING DATE: November 16, 2021 • Background: The City and the Virginia Office of the Attorney General have been engaged in national litigation against McKesson, Cardinal Health, AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their related corporate entities, for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic. The litigation seeks to recover costs incurred and to be incurred in abating the opioid addiction epidemic that plagues Virginia communities. Virginia localities, including the City, and the Commonwealth, through counsel, negotiated the terms of a memorandum of understanding related to the allocation and use of recoveries from the litigation. The City Council on August 17, 2021, approved the City's participation in the Virginia Opioid Abatement Fund and the settlement allocation memorandum of understanding. • Considerations: Settlement proposals have been negotiated that will cause McKesson, Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to resolve opioid-related claims against them. The City's outside opioid litigation counsel has recommended that the City participate in the settlements in order to recover its share of the funds that the settlement would provide, and the City Attorney concurs with that recommendation. This resolution approves the City's participation in the proposed settlement. • Public Information: Dissemination pursuant to regular Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney City Manager: firp 1 A RESOLUTION APPROVING THE CITY'S 2 PARTICIPATION IN THE PROPOSED 3 SETTLEMENT OF OPIOID-RELATED CLAIMS 4 5 WHEREAS, the opioid epidemic that has cost thousands of human lives across 6 the country also impacts the City of Virginia Beach by adversely impacting the delivery of 7 emergency medical, law enforcement, criminal justice, mental health and substance 8 abuse services, and other services by the City's various departments and agencies; and 9 10 WHEREAS, the City of Virginia Beach has been required and will continue to be 11 required to allocate substantial taxpayer dollars, resources, staff energy and time to 12 address the damage the opioid epidemic has caused and continues to cause the citizens 13 of the City; and 14 15 WHEREAS, the City of Virginia Beach has filed suit against McKesson, Cardinal 16 Health, AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their 17 related corporate entities for their role in the distribution, manufacture, and sale of the 18 pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the 19 City; and 20 21 WHEREAS, the City's suit seeks recovery of the public funds previously expended 22 and to be expended in the future to abate the consequences and harms of the opioid 23 epidemic; and 24 25 WHEREAS, settlement proposals have been negotiated that will cause McKesson, 26 Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to 27 resolve opioid-related claims against them; and 28 29 WHEREAS, the City's outside opioid litigation counsel has recommended that the 30 City participate in the settlements in order to recover its share of the funds that the 31 settlement would provide; and 32 33 WHEREAS, the City Attorney has reviewed the available information about the 34 proposed settlements and concurs with the recommendation of outside counsel; 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA, THAT: 38 39 The City Council approves the City's participation in the proposed settlement of 40 opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, 41 and their related corporate entities, and directs the City Attorney, the Deputy City Attorney 42 for Litigation, and/or the City's outside counsel to execute the documents necessary to 43 effectuate the City's participation in the settlements, including the required release of 44 claims against settling entities. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: 2 ;1 City Attorney s Office CA15577 R-1 November 2, 2021 os�y`'g si t'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing 1) a Portion of the South Side of 20th Street between Pacific & Arctic Avenues, 2) a Portion of the South Side of 20th Street between Arctic & Baltic Avenues, 3) a Portion of the West Side of Arctic Avenue Between 19th & 20th Streets, 4) 19th Street Between Pacific & Arctic Avenues, and 5) all Alleys Within the Block Surrounded by Arctic & Baltic Avenues and 19th & 20th Streets MEETING DATE: November 16, 2021 • Background: Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the "Applicants") have requested to close portions of various rights-of- way totaling 1.34 acres (the "Rights-of-Way") adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority. On December 1, 2020, by Ordinances ORD-3645L and ORD-3646M, City Council approved the Applicants' request to close the Rights-of-Way, subject to the following conditions being met by November 30, 2021: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the Rights-of-Way into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the Rights-of- Way to the City if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall submit a Traffic Impact Study ("TIS") and Site Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the TIS and Site Distance Analysis, the Applicants shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached to the Ordinance, subject to the approval by the Department of Public Works. 4. The Applicants shall, in accordance with the Public Utilities Design Standards Manual and to the extent agreed upon by the City, abandon all public water and sanitary sewer infrastructure within the area of 19th Street to be closed. 5. The Applicants shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 20th Street and Arctic Avenue if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the Applicants, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. 6. The Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Rights-of-Way. If private utilities do exist, easements satisfactory to the utility company, must be provided. 7. Closure of the Rights-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the Rights-of-Way, this approval shall be considered null and void. The Applicants have submitted resubdivision plats to the Planning Department for review; however, the plats will not be in final form and ready to record prior to the deadline to meet the conditions. On October 22, 2021, the Applicants requested a one-year extension of time to satisfy the conditions set forth in the Ordinances. Staff concludes that the request for a one-year extension to satisfy the conditions is reasonable. • Recommendations: Approval • Attachments: Ordinance, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager/4D 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING 1) A PORTION OF THE 4 SOUTH SIDE OF 20TH STREET BETWEEN 5 PACIFIC & ARCTIC AVENUES, 2) A PORTION 6 OF THE SOUTH SIDE OF 20TH STREET 7 BETWEEN ARCTIC & BALTIC AVENUES, 3) A 8 PORTION OF THE WEST SIDE OF ARCTIC 9 AVENUE BETWEEN 19TH & 20TH STREETS, 4) 10 19TH STREET BETWEEN PACIFIC & ARCTIC 11 AVENUES, AND 5) ALL ALLEYS WITHIN THE 12 BLOCK SURROUNDED BY ARCTIC & BALTIC 13 AVENUES AND 19TH & 20TH STREETS 14 15 WHEREAS, on December 1 , 2020, City Council acted upon the application of 16 Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the 17 "Applicants") for the closures of portions of various rights-of-way totaling approximately 18 1.34 acres (the "Rights-of-Way") adjacent to an assemblage of property owned by the 19 City of Virginia Beach Development Authority; 20 21 WHEREAS, City Council approved (by Ordinances ORD-3645L and ORD- 22 3646M) the closure of the aforesaid Rights-of-Way subject to certain conditions being 23 met on or before November 30, 2021; and 24 25 WHEREAS, on October 22, 2021, the Applicants requested a one-year extension 26 of time to satisfy the conditions attached to the aforesaid street closure actions. 27 28 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 29 Beach, Virginia: 30 31 That the date for meeting conditions of closure as stated in the Ordinances 32 adopted on December 1, 2020 (ORD-3645L and ORD-3646M), upon application of 33 Atlantic Park, Inc. and the City of Virginia Beach Development Authority, is extended to 34 November 30, 2022. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this 37 day of , 20 . NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY (Adjacent GPINs: 2427-17-0853, 2427-07-7707, 2427-07-6990, 2427-07-6808, 2427-07-5863, 2427-07-5737, 2427-07-4883, 2427-07-4757, 2427-07-4802, 2427-07-3767, 2427-07-2890, 2427-17-2611, 2427-07-9524, 2427-07-3669, 2427-07-4517, 2427-07-4645, 2427-07-4691, and 2427-07-5625) APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 4/71.6/141 -- Cit A- € -(fCr 1A"- iStto e v Planninga ment De pa CA15417 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpoocs\d022\p045\00759657.doc R-1 November 5, 2021 1111P. ice" ___ -. .\ A *so o \ at IS ',, Willi ,ilit , 1 \ \ \ ----- , \ \Tar II° , ...a, , " A_ >------- -- 1 0 0."4 k ik, ,. . ,. . , rio ,, \ .r- t ('Y'�� ,� o R -�` -scree -- \ 0 111111 ' 1 ..rr- 5 I d ),,,U \ ta,,,..7... ______, ______- ...-.---01 A \‘, •Fi\ ;,:irk ,.___...:___,___.___ ..„,,.... 4 4. ,, ..6 OR ( ( \'0, \ vc:\ AO w --- ________----- __-_,- „of*, 0, \ I,/ \;,, , lig •\:,\\ CIVIL tI ems. 1 clog t ,,,,,,,Ario-,' t ,.... eir„ -...- Ail, .,. ' 'ev as\ \ OR � iioe) .r� 4t i r_J `� - - op _.iiQ 111; ` > ..----- ''. tie° .', ' 111.11 \,‘ \ r 1 ' 6M ti -'(1 ` e r -� mat I O a Br�ilk Atlantic Park, Inc. & City of Virginia Beach Development Authority N arl Site Portion of the south side of 20th Street between �, ,�,,E Pacific &Arctic Avenues & between Arctic & Baltic Avenues �i�i�' Property_Polygons Portion of the west side of Arctic Avenue between s Q Zoning 19th & 20th Streets, 19th Street between Pacific & Arctic Avenues, All alleys within the block surrounded by Arctic ___l Parking Lot Drive Aisle — Feet Building 0 80160 320 480 640 800 960 Disclosure Statement N/13 itp,l4'aymia Mich Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Atlantic Park, Inc. Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative. Michael A.Culpepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? I Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) See attached 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement \B City i f Virginia Beth Planning& Community _ _ . . . Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?I Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? City of Virginia Beach Development Authority is owner Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. Applicant anticipates securing financing(capital provider has not been selected). 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? 1 Yes ❑ No • If yes,identify the company and individual providing the service. Venture Realty Group 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the firm and individual providing the service. BDO 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? NI Yes ❑ No • If yes,identify the firm and individual providing the service. Cooper Carry,Hanbury,WPL, Kimley Horn 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P n F Disclosure 5t2 othe _9. 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,Identify the company and Individual providing the service. W.M.Jordan 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and Individual providing the service. WPI,IGmley Horn 8. Is the applicant receiving legal"entices In connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • if yes,Identify the firm and Individual providing the service. Kaufman*Canoles Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsbie for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. ,A'n4dtvef ra fA,tsc. lN4. Applicant Signature _M••.ales. A. ...A-vim( rite) PIM Name end This Date is the applicant also the owner of the subject property? ❑Yes 0 No • if yes,you do not need to fill out the owner disclosure statement. FOR CITY USE OTtiLY/Ali disclosures must be updated two(2}weeks prior to any Planning Commission and City Council meting that pertams to the applications ., No d anges es cif ate y af rSignature �� hint Nome i Revised 11.09.2020 Wage Atlantic Park, Inc. Venture Realty Group Venture Realty Group 1, LLC Venture Waves,LLC Donna MacMillan-Whitaker Michael A. Culpepper John L.Gibson,Ill Bruce A. Berlin Elizabeth Matulenas Matthew L. Lefler Steven D. Green W.M.Jordan Company John R. Lawson H2O Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W. Bishard John K. Bishard Robert A. Deacon Doug Ellis Disclosure Statement Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement lx y A1 1 VNeisi Tflti'1 • Planning& C'ommu I Development Owner Disclosure Owner Name City of Virginia Beach Development Authority("VBDA") Atlantic Park, Inc. Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? a Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The owner is a political subdivision of the Commonwealth of Virginia. Attached is a list of the current Commissioners of the VBDA • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity"relationship with the Owner. (Attach a list if necessary) n/a Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes In No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement VB (iyoftryaouthat Planning&Community Itiltsst Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? El Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes I No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes II No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?® Yes ❑ No • If yes,identify the firm and individual providing the service. Kimley-Hom, Vanasse Hangen Brustlin,Inc.(VHB),and MBP(McDonough Bolyard Peck) Revised 11.09.2020 6 I i- age Disclosure Statement , (IN eJ Yrvauu Bair Planning&Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? I Yes 0 No • If yes,identify the firm and individual providing legal the service. Singer Davis Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Alexander W.Stiles,Senior City Attorney Print Name and Title 02/11/21 Date Revised 11.09.2020 7 I P a g e CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY COMMISSIONERS David L. Bemd (Secretary) Dr. William Brown William Brunke (Treasurer) Nneka Chiazor W. Taylor Franklin (Assistant Secretary) Penny Morgan Lisa M. Murphy (Chair) Michael J. Standing Joseph E. Strange (Vice Chair) Guenter H. Weissenseel Dorothy L. Wood [ 404-Bk'i,- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Auction of Surplus Equipment to Sandbridge Rescue and Fire, Inc. MEETING DATE: November 16, 2021 • Background: The City, through the Department of Emergency Medical Services, facilitates the sale of surplus or end-of-life vehicles on behalf of the ten partner volunteer rescue squads. The City recently auctioned one vehicle on behalf of Sandbridge Rescue and Fire, Inc., which does business as the Sandbridge Volunteer Rescue Squad, for $4,090. • Considerations: After the auction of surplus equipment on behalf of one or more rescue squads, the City has traditionally returned the proceeds to the rescue squad that owned the equipment. Accordingly, this request will appropriate funds from the auction to the Sandbridge Volunteer Rescue Squad in the amount of $4,090. • Public Information: Normal Council Agenda process. • Attachment: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: AV 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 AUCTION OF SURPLUS EQUIPMENT TO SANDBRIDGE 3 RESCUE AND FIRE, INC. 4 5 WHEREAS, at the request of the Sandbridge Rescue and Fire, Inc., doing 6 business as Sandbridge Volunteer Rescue Squad (SVRS), the City recently auctioned a 7 vehicle formerly owned by SVRS; and 8 9 WHEREAS, the proceeds of the auction total $4,090; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 $4,090 is hereby appropriated, with miscellaneous revenue increased accordingly, 15 to the FY 2021-22 Operating Budget of the Department of Emergency Medical Services 16 for the purpose of providing such funds to SVRS. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services o y's ice CA15578 R-1 November 2, 2021 ----I DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: �Wz,`3(L.pc, E c at�y2E� Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparation of CoonrrNoN3 JCI LT 4-1 tax returns A Co ry\Q yam,y/ / Financial Services(include bank - 'o�N�institutions, lending institutions, I�'r 2SH=NCB and current mortgage holders as B�,,s. AMz. applicable) CTry or VA LBE( R-f Legal Services j\J /j CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X • APPLICANT' SIGNATURE lf—�a g 4 PRINT NAME DATE v mov.mnAdM5NvrtnentsptSa Alnvn\egr-C:MLSVc-:?2 ass AREAWIFNF.R-AWFMOIT- NA,,EMENT1wINWIUail`p=mitted-emsers-0.4..resctement.doa 1\vbva'semkht\Departmc.t;\MS'1EMSAdmtn\9W{,MI-SC-PROCESS-AREA.WPNIER-AQtt-EMMT-MAN,EMENiWPdb\4czoly rn32cerns:zmsWscbs,.st...enHrt—fitzb.-01 S Nu eft y�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds from the State of Good Repair / Primary Extension Program to Capital Project # 100401, "Street Reconstruction II," for Road Paving Projects MEETING DATE: November 16, 2021 • Background: Virginia Code § 33.2-369 establishes a State of Good Repair(SGR) purpose within the Commonwealth Transportation Fund. The intent of this SGR is "improvement of deficient pavement conditions and improvement of structurally deficient bridges." Among the transportation items eligible for SGR funds are municipality maintained primary extensions. Such projects are funded through the Primary Extension Paving Program. The Primary Extension Paving Program provides federal funds to qualifying road segments, up to $1 .5 million per locality. Individual road segments are submitted to the Virginia Department of Transportation and scored via a prioritization process. • Considerations: The $1.5 million received by the City will support partial project paving costs for five road segments. The total paving cost for these road segments is estimated at $3,157,133. The five awarded segments, and the remaining local portion of the total paving cost for each project, are listed in the table below. Total Federal Local Portion Paving Allocations Cost Virginia Beach Blvd Westbound (Great $962,970 $475,000 $487,970 Neck Road to London Creek Bridge) Virginia Beach Blvd Westbound (London $742,132 $325,000 $417,132 Creek Bridge to North Lynnhaven Road) Virginia Beach Blvd Eastbound (London $643,223 $325,000 $318,223 Creek Bridge to Great Neck Road) Virginia Beach Blvd Eastbound (North $447,821 $200,000 $247,821 Lynnhaven Road to Mustang Trail) Virginia Beach Blvd Eastbound (Mustang $360,987 $175,000 $185,987 Trail to London Creek Bridge) Total $3,157,133 $1,500,000 $1,657,133 The City will use available funds in CIP Project # 100401, "Street Reconstruction II," for the remaining local portion. Eastbound and Westbound Virginia Beach Boulevard were previously identified as preferred candidates in the City's FY 2021-22 paving schedule. • Recommendation: Adopt the attached ordinance. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Location Maps (5), CIP Detail Sheet #100401 Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:/2 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FROM THE STATE OF GOOD REPAIR/ 3 PRIMARY EXTENSION PROGRAM TO CAPITAL PROJECT 4 # 100401, "STREET RECONSTRUCTION II," FOR ROAD 5 PAVING PROJECTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $1,500,000 from the State of Good Repair/ Primary Extension Paving Program is 11 hereby accepted and appropriated, with federal revenues increased accordingly, to CIP 12 # 100401, "Street Reconstruction II," for road paving projects. Adopted by the Council of the City of Virginia Beach, Virginia on the___ day of , 2021. Requires an affirmative vote by a majority of all the members of City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: vv_ J udget and Management'ervices e ' O ce CA 15579 R-1 November 4, 2021 �yz ., //%I( �;\' l�,'�� •„*/ / COR c j Q N ‘...4.4 ,..,- . 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Li I /00 \ \ -„_ \ ` \'v °� Location Map �� - �o , . ,a x� Virginia Beach Blvd EB (North ��. %\ 'a! \s,zy Lynnhaven Road to MustangTrail) Pavement Project :, 0 400 800 1,600 illiMi / ,� ' Feet Prepared by P.W./Eng./Eng.Support Services 10/28/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\Virginia Beach Blvd\N Lynn haven to Mustang Trail . ; f _ - �R FORE S/ PgK1N Rp <, /, 2 r....1 ` / --(W1W+E , f'_ / O R �' 1264 �� R Z -/I// �� \. m �7 O y x `` iOR,� P R0 �� oo L � � 9 ti� 111drat; l� �o� p NECK RD _ -/'l s !p !� Q `„/ o 4'Z.' :\� ��'`\-- ` , 3,i' \ "V/ _F� --�, V 11 tJ i�r 4. .,./,_,/./.'-'-.'_--''-''..'"'-'„,-'_.'''.,,.„C'/,:'...,/.c.-,--,-,,.">.4„-:‘„->:-,-:4.,::-,-,,--_c,-.---,..„_-1--C,--.\_cs\•/./. /1,,,:fq'I,„_r.„,:<.,.if,'z,_,_C,,i.„\,,_,,)y/,,,,1V ipD/,,0:\,:-,:,-_„,%)c0 c- ,,4___i/_,(-3//-/cci,110,5,D,pn..,0_._.,o"i-,.r-.:.gs,4.\.i..0..v\Zii- 4- !` \--\-\i \---o--\-- _\\_ _ 1 __c___- --'i-ir\\\1 P.(,;.;..., -,-L-,,-1---,n---\- t I1 v \\ R ti > 1 J s11 — 1 0 t\ _V.\_-E\, • ) - - F i __. =:,,--- ' ____ ,__ ._... _ „....., / -n, / ,, _________ ,__ ______ ._,..„ _,„„_,,,,,, ,--- --- ,.,,, „____ , _ ., --r---1- f • \ r d \, — ��v-,\ C .---_,....,, ,....„ ..,.., /----0 - ,--, Atli .1--- \______- . — Q z 1 V /6 i' LYNNRIYER DR J z /7:7 . jp u ,),,o Q[3. / / . \ „ . l , 7 ,,,„..-) ......m...--........-- _ i ,..,- _ ED I1 r--, / L 1 —� 0 T --_ G i� -� I L / , Q ..---\- ‘%_._,__, ‘).__ -r-i j___,,/,.___ ), ' '' Location Map ' �� \� Virginia Beach Blvd EB (Mustang Trail ,� /i---_ to London Creek Bridge) \ \ Pavement Project 0 400 800 1,600 �i 1 / a /'% Feet Prepared by P.W./Eng./Eng.Support Services 10/28/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\Virginia Beach Blvd\Mustana Trail to London Creek Bridae Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100401 !Title:Street Reconstruction II 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 31,600,000 17,200,000 3,650,000 2,150,000 2,150,000 2,150,000 2,150,000 2,150,00$ Description and Scope This program provides funding for the reconstruction of existing roadways.Reconstruction involves the replacement of the existing pavement structure and will be performed on roadways that have reached the end of their service life based on current survey and condition assessments.This annual program includes reconstruction projects funded with Virginia Department of Transportation(VDOT)State of Good Repair(SGR)and/or Primary Extension funds.Local contributions that must be borne by the locality to use Commonwealth funds may come from this project.This work may additionally include replacement of curb and gutter systems when needed for pavement performance and associated sidewalk replacement.Street Reconstruction is an eligible expenditure for VDOT maintenance funds. Purpose and Need More than half of all the pavement in the City is over 20 years old.Even with optimum maintenance,eventually it reaches the point where maintenance is no longer practical or a cost effective strategy.This program addresses the needs identified by the Aging Infrastructure Strategic Recommendations. History and Current Status This program first appeared in the FY 2013-14 CIP.It is a continuation of project"Street Reconstruction I,"which first appeared in the FY 2000-01 CIP. This program aligns with the City Council goal"Modernize City Assets and Infrastructure."On August 20,2019,Council accepted and appropriated$1 million in SGR Primary Extension Paving Program funds to this project.In FY 2020-21,the Commonwealth Transportation Board announced that Virginia Beach would be allocated$1.5 million in SGR Primary Extension Paving Program funds.This award will be appropriated through the FY 2021-22 CIP in year one(FY 2021-22). Operating Budget Impact Comments FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/13-06/27 6,352,500 Site Acquisition 07/13-06/27 2,117,500 Construction 07/13-06/27 23,130,000 Total Budgetary Cost Estimate: 31,600,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 28,100,000 Federal Contribution 1,500,000 State Contribution 2,000,000 Total Funding: 31,600,000 Fiscal Year 2021-2022 98 Capital Projects 0f ,"w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency for Virginia Task Force 2 Urban Search and Rescue Team for Protective Apparel, Mobilization and Response to Tropical Cyclone Henri, and Mobilization and Response to Tropical Cyclone Ida MEETING DATE: November 16, 2021 • Background: The Federal Emergency Management Agency (FEMA) provides funding through an annual Cooperative Agreement Grant to support the personnel, equipment, supplies, facility leasing, training, and travel costs necessary to maintain the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team at an expected level of response capability and state of readiness. In addition to readiness, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred when responding to an activation order. In recent months, VA-TF2 received activation orders for Tropical Cyclone Henri (Maynard, Massachusetts) and Tropical Cyclone Ida (Louisiana and New Jersey). • Considerations: The attached ordinance provides an appropriation of$47,918 in supplemental funding to the FY 2020 Cooperative Agreement Grant, which will be used to purchase replacement boots for task force members. For the mobilization of VA-TF2 to respond to Tropical Cyclone Henri, the cost for responding to the event was $62,901.12 plus there is a reimbursement of $1 ,887.03 for the cost of preparing the claim. For the mobilization of VA-TF2 to respond to Tropical Cyclone Ida, the cost for responding to the event was $797,128.63, with a reimbursement of$16,942.57 for the cost of preparing the claim. No local funding match is required. • Public Information: Normal council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: ar2 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR VIRGINIA TASK 4 FORCE 2 URBAN SEARCH AND RESCUE TEAM FOR 5 PROTECTIVE APPAREL, MOBILIZATION AND 6 RESPONSE TO TROPICAL CYCLONE HENRI, AND 7 MOBILIZATION AND RESPONSE TO TROPICAL 8 CYCLONE IDA 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1 . $47,918 is hereby accepted from the Federal Emergency Management Agency 14 (FEMA) and appropriated, with federal revenue increased accordingly, to the 15 FY 2021-22 Operating Budget of the Fire Department for the purchase of 16 protective apparel for the Virginia Task Force 2 (VA-TF2). 17 18 2. $64,788.15 is hereby accepted from FEMA and appropriated, with federal 19 revenue increased accordingly, to the FY 2021-22 Operating Budget of the Fire 20 Department for the mobilization and response to Tropical Cyclone Henri. 21 22 3. $814,071.20 is hereby accepted from FEMA and appropriated, with federal 23 revenue increased accordingly, to the FY 2021-22 Operating Budget of the Fire 24 Department for the mobilization and response to Tropical Cyclone Ida. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Budget and Managemen Services C n s CA15580 R-1 November 3, 2021 40-, `iSfir--;-"*.z.,v,, CITY OF VIRGINIA BEACH AGENDA ITEM \ J ITEM: An Ordinance to Appropriate $54,366,605 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds for Further Community Support and Assistance MEETING DATE: November 16, 2021 • Background: On March 11 , 2021, the President signed the American Rescue Plan Act (the "Act" or "ARPA") into law (P.L. 117-2). In Section 9901 of the Act, the Congress appropriated funds to the U. S. Department of the Treasury to make direct apportionments to states, territories, cities, and counties. As part of the legislation, local governments with consolidated governments, such as Virginia Beach, were eligible to receive funds from both the city and county components of Section 9901. Through the Treasury's allocation formula, Virginia Beach's combined share is $136,429,703. On May 25, 2021, the City Council was presented with information regarding the Treasury's eligibility standards, as contained in the Interim Final Rule (31 Code of Federal Regulations Part 35, Subpart A). At the same meeting, the Council noted priorities for the use of funds and instructed the City Manager to develop a recommended budget to be presented to the City Council for its consideration. Throughout the summer, the City Manager and the Department of Budget and Management Services conducted a simulated budget process for the allocation of the City's combined share. After review of more than 100 proposals and more than $575 million in requests, a City Manager's Recommended ARPA Budget was delivered to the Council on September 14, 2021. On September 21 and 28, 2021 , the City Council received additional briefings on topics contained within the Recommended ARPA Budget. Because the amount of funds exceeds 1% of the City's annual budget, a public hearing was held during the City Council's October 5, 2021 Formal Session. The Council held a reconciliation session on the use of the ARPA funds at its October 12, 2021 workshop. At that meeting, City Council directed staff to place an agenda request and ordinance on the October 19th agenda appropriating necessary funding to implement the portion of the City Manager's Recommended ARPA Budget related to capital projects to be constructed by the City. Council Category Total Dollar Amount Percent of ARPA Funds Stormwater $44,880,000 33% City Facilities and Asset $37,183,098 27% Backlog Repair Total ARPA Appropriated $82,063,098 60% The remaining allocation of ARPA funds was directed to be addressed only after further discussion of the City Council. Council has now reviewed assignment of ARPA funds, and the disposition of the funds is scheduled for this session of Council. • Considerations: The attached ordinance appropriates the remaining $54,366,605 in ARPA funding. The following table summarizes the City Manager's recommendations by City Council priority category: Council Category Total Dollar Amount Percent of ARPA Funds Economic Support and $28,800,000 21% Assistance Broadband $7,000,000 5% Behavioral and Mental $2,224,000 2% Health Affordable Housing $6,314,200 5% Contingency Set Aside $10,028,045 7% Total ARPA Un-Allocated $54,366,605 40% Based on the Council Reconciliation List (Attachment B), the $10,028,045 will be appropriated to the categories as follows: Council Category Total Dollar Projects Amount City Facilities and $2,500,000 Little Island Parking Lot; Child Care Asset Backlog Repair Facility Economic Support $1 ,858,800 VB Psychiatric Center Transition; and Assistance Volunteer Rescue Squad; Additional Business Relief($1.5 million) Behavioral and Mental $75,000 Health Care Services of Hampton Health Roads. Affordable Housing $500,000 Judeo-Christian Outreach Center Premium Pay $5,094,605 City Workforce Bonus: $1,000 for full- time employees and $500 for part-time employees Total Contingency Set $10,028,405 Aside The ordinance also includes safeguards in cases where a project can no longer be completed within ARPA deadlines or if future federal legislative or regulatory action restricts what is allowed to be spent with this source of funds. • Public Information: Normal Council Agenda process. A public hearing on the subject was held on October 5, 2021, and was advertised in the Beacon on September 26, 2021 . Additionally, information on the overall process was communicated in the Friday packets of June 4 and July 30, 2021, Council questions were answered within the Friday packets of September 17 and 24, 2021, and information on the split in the ordinance was presented in the October 15, 2021 Friday packet. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Reconciliation; CIP Detail Sheets (3); Disclosures (7) Recommended Action: Approval Submitting Department/Agency: City Manager City Manager: 1 AN ORDINANCE TO APPROPRIATE $54,366,605 OF 2 AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE 3 AND LOCAL FISCAL RECOVERY FUNDS FOR FURTHER 4 COMMUNITY SUPPORT AND ASSISTANCE 5 6 WHEREAS, since March 2020, the coronavirus pandemic has impacted the 7 citizens of the City of Virginia Beach as well as the operations of the City of Virginia Beach; 8 9 WHEREAS, on March 11, 2021, the President of the United States signed the 10 American Rescue Plan Act into law (P.L. 117-2); 11 12 WHEREAS, Section 9901 (Title IX, Subtitle M) of the American Rescue Plan Act 13 created Coronavirus State and Local Fiscal Recovery Funds; 14 15 WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds allocated 16 direct federal funding to governments throughout the United States, including the City of 17 Virginia Beach; 18 19 WHEREAS, the City received allocations from both the city and county portions of 20 the Coronavirus State and Local Fiscal Recovery Funds as Section 9901 allowed that "a 21 unit of general local government that has formed a consolidated government may receive 22 a distribution under each...paragraphs..." 23 24 WHEREAS, the United States Treasury formula apportioned a total of 25 $136,429,703 to the City of Virginia Beach; 26 27 WHEREAS, in May 2021 , the United States Treasury released guidance for the 28 funds under the Interim Final Rule (31 CFR Part 35, Subpart A); 29 30 WHEREAS, on May 25, 2021, the City Council established priorities for the use of 31 the City's funds and instructed the City Manager to prepare a Recommended Budget; 32 33 WHEREAS, the City Manager presented an American Rescue Plan Act 34 Recommended Budget on September 14, 2021; 35 36 WHEREAS, a public hearing on the proposed use of American Rescue Plan Act 37 funds was held on October 5, 2021; and 38 39 WHEREAS, the City Council requested dividing the recommendations such that 40 certain capital projects were adopted at the October 19th Formal Session and actions on 41 the rest of the funds would be considered at a later date. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA THAT: 45 46 1. $54,366,605 is hereby appropriated into the FY 2021-22 Operating Budget, with 47 revenue from the federal government increased accordingly. 48 2. $15,000,000 is hereby appropriated to the Grants Consolidated Fund within the 49 FY 2021-22 Operating Budget. This appropriation shall be for a grant to be 50 provided to the United Way of South Hampton Roads for VBthrive. 51 52 3. $10,000,000 is hereby appropriated to the Grants Consolidated Fund within the 53 FY 2021-22 Operating Budget. This appropriation shall be for a grant to be 54 provided to the United Way of South Hampton Roads for business relief programs. 55 Of this amount, $5,000,000 shall be set aside for the tourism, travel, and hospitality 56 industry, and the remaining $5,000,000 shall be made available for business relief 57 for all other industries in the City. 58 59 4. $5,000,000 is hereby appropriated to the Grants Consolidated Fund within the FY 60 2021-22 Operating Budget. This appropriation shall be for a grant to the Foodbank 61 of Southeastern Virginia, Inc. for mobile food services. 62 63 5. $300,000 is hereby appropriated to the Grants Consolidated Fund within the FY 64 2021-22 Operating Budget. This appropriation shall be for a special event fee 65 offset program that is modeled upon a similar program adopted by the City Council 66 on December 1 , 2020. 67 68 6. $250,000 is hereby appropriated to the Grants Consolidated Fund within the FY 69 2021-22 Operating Budget. This appropriation shall be to provide reimbursement- 70 based assistance to the volunteer rescue squads located in the City to offset 71 increased current year and future pandemic related expenses borne by the 72 squads. 73 74 7. $108,800 is hereby appropriated to the FY 2021-22 Operating Budget of the 75 Department of Human Services to provide reimbursement for costs of shelter and 76 transportation for the Virginia Beach Psychiatric Center for discharged individuals 77 who lack access to housing. 78 79 8. $75,000 is hereby appropriated to the FY 2021-22 Operating Budget of the 80 Department of Human Services to provide reimbursement for services provided by 81 Health Care Services of Hampton Roads, Inc. for increased current year and future 82 pandemic related heath expenses. 83 84 9. A new capital project, #100593, "Southside Network Authority Regional Fiber Ring 85 — ARPA" is hereby established in the FY 2021-22 Capital Improvement Program 86 for the City's contribution to the Southside Network Authority to further 87 development of the Regional Ring. 88 89 10. $7,000,000 is hereby appropriated into the FY 2021-22 Operating Budget and 90 transferred, as pay-as-you go financing, to the FY 2021-22 Capital Improvement 91 Program. These funds will support Capital Project #100593 within the Information 92 Technology Section of the FY 2021-22 Capital Improvement Program. 93 94 11. A new capital project (#100592, "Enhanced Telehealth and Case Management — 95 ARPA") to acquire and deploy technology for enhanced telehealth and case 96 management is hereby established within the FY 2021-22 Capital Improvement 97 Program. 98 99 12. $2,224,000 is hereby appropriated into the FY 2021-22 Operating Budget and 100 transferred, as pay-as-you go financing, to the FY 2021-22 Capital Improvement 101 Program. These funds will support Capital Project #PG100592 within the 102 Information Technology Section of the FY 2021-22 Capital Improvement Program. 103 104 13. A new capital project # 100607, "Little Island Park Parking Lot Improvements- 105 ARPA" is hereby authorized within the FY 2021-22 Capital Improvement Program. 106 107 14. $2,000,000 is hereby appropriated into the FY 2021-22 Operating Budget and 108 transferred, as pay-as-you go financing, to the FY 2021-22 Capital Improvement 109 Program. These funds will support Capital Project # 100607, "Little Island Park 110 Parking Lot Improvements-ARPA" within the Parks and Recreation Section of the 111 FY 2021-22 Capital Improvement Program. 112 113 15. $480,000 is hereby appropriated to the Grants Consolidated Fund within the FY 114 2021-22 Operating Budget. This appropriation shall be for a grant to the Virginia 115 Beach Community Development Corporation for life cycle improvements at 116 Scarborough Square. 117 118 16. $348,000 is hereby appropriated to the Grants Consolidated Fund within the FY 119 2021-22 Operating Budget. This appropriation shall be for a grant to the Virginia 120 Beach Community Development Corporation for life cycle improvements at 121 Westneck Village. 122 123 17. $750,000 is hereby appropriated to the Grants Consolidated Fund within the FY 124 2021-22 Operating Budget. This appropriation shall be for a grant to the Samaritan 125 House, Inc. for the development of a housing facility. 126 127 18. $1,000,000 is hereby appropriated to the Grants Consolidated Fund within the FY 128 2021-22 Operating Budget. This appropriation shall be for a grant to the Mother 129 Seton House, Inc. to assist in the construction of new housing facilities. 130 131 19. $500,000 is hereby appropriated to the Grants Consolidated Fund within the FY 132 2021-22 Operating Budget. This appropriation shall be for a grant to the Judeo- 133 Christian Outreach Center to assist in the construction of new housing facilities. 134 135 20. $3,736,200 is hereby appropriated to the Grants Consolidated Fund within the FY 136 2021-22 Operating Budget. This appropriation shall be for housing vouchers, 137 inclusive of rent and security deposits, contracted manpower, and other similar 138 housing costs for the Department of Housing and Neighborhood Preservation. 139 140 21. $5,094,605 is hereby appropriated to the Grants Consolidated Fund within the FY 141 2021-22 Operating Budget. This appropriation shall be for a one-time premium 142 payment to City full-time staff of $1,000 each and for City part-time staff of $500 143 each. The premium payments will be made to eligible members of the City 144 workforce per the United States Treasury's Interim Final Rule. This one-time 145 premium payment will exclude Council Appointees, Deputy City Managers, 146 Department Directors, Leaders of Offices that report directly to the City Manager, 147 and Constitutional Officers. Total cost to implement this one-time premium 148 payment is estimated to cost $6,380,416. The estimated difference of$1,285,811 149 is to be funded through the use of attrition savings. To accomplish this purpose, 150 the City Manager or his designee is hereby authorized to transfer savings in salary 151 or fringe benefit accounts among departments, notwithstanding other budgetary 152 controls outlined in the Annual Operating Budget Ordinance The City Manager is 153 empowered to transfer sufficient additional funds necessary to accomplish this 154 Council enactment. 155 156 22. $500,000 is hereby appropriated to the Grants Consolidated Fund within the FY 157 2021-22 Operating Budget. This appropriation is for lease, buildout, or any other 158 physical construction, technology, furniture, and fixtures capital expenditures 159 related to the establishment of a Child Care Pilot Program to benefit the workforce 160 of the City. 161 162 23. If a program or project approved by this ordinance is determined to be no longer 163 feasible to be constructed within the timeframe allowed by the United States 164 Department of the Treasury, the City Manager or designee shall hold such project 165 in abeyance and seek direction by the City Council for an alternative use of the 166 funds or segmentation of the project to meet the applicable timeframe, or both. 167 168 24. If, at a subsequent date to this ordinance, further or refined guidance is issued by 169 the United States Department of the Treasury that disallows any of the programs 170 or projects approved by this ordinance, the City Manager or designee shall hold 171 such project in abeyance and seek direction by the City Council for an alternative 172 use of the funds. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPRO AS TO LEGAL SUFFICIENCY: Budget and Management ervices om 's 0 ce CA15571 R-2 November 10, 2021 American Rescue Plan Act Reconciliation List 5-Nov-21 Item Sponsor Description Dollar Amount Notes Councilinembers Berlucchi, Provision of two weeks of shelter and transportation costs for recently 1 VB Psychiatric Center Transition Wooten,Moss,and Mayor discharged patients identified as homeless at the time of their discharge. $108,800 Dyer Establishment of a pool that volunteer rescue squads can access to pay for the costs of pandemic emergency medical response expenses,including $250,000 is a placeholder; 2 Volunteer Rescue Squad Pandemic Expenses Councilmember Henley transportation.This pool can reimburse expenses incurred in 2021 and $250,000 Councilmember did not specify an can be accessed for future pandemic expenses through the American Rescue amount Plan Aa's timeframe. Fund phase two of the Little Island Park Master Plan.Phase two would 3 Little Island Park Parking Lot Improvements Councilmember Henley construct 279 new spaces and a bath house on the southern end of Little $2 000,000 Confirmed amount Island Park.There are no funds programmed for phase two in CIP Project with Parks and Recreation 100249. The City Manager's original recommendation included$8.5 million for general business relief.This action adds$1.5 million to that amount for a total of$10 million in business relief.Of the total to be provided,$5 Restaurants are included within the 4 Additional Business Relief for Hospitality Councilmember Wooten $1,500,000 million is directed to provide business relief for the tourism,travel,and tourism,travel,and hopitality industry hostpitality industry.The remaining$5 million is for general business relief efforts. Set-aside reserve funding for a one-time bonus for the workforce members eligible to receive premium pay bonuses through the use of ARPA Councilmember Holcomb funding.Additional direction is provided to the City Manager to develop Timeline for recommendation and a bonus payment recommendation for the entire workforce.Any 6 City Workforce Bonus Vice Mayor Wilson employee not eligible to recieve payment through ARPA funding,will $5,094,605 implementation would be prior to Mayor recieve payment through other locally funded sources.The locally funded January 1,2022. portion is estimated to cost$1,285,811 and is to be absorbed through use of attrition savings. Provide a one-time contribution toward the development of 38 affordable 7 Judeo-Christian Outreach Center(JCOC) Vice Mayor Wilson housing units;a dining hall,and administration buildings. $500,000 Contribution to organization for reimbursement of cost associated with 8 Health Care Services of Hampton Roads,Inc. Vice Mayor Wilson mental health care services provided. $75,000 9 City Operated Childcare Vice Mayor Wilson Buildout cost for a City facility associated with the establishment of a $500 000 Childcare pilot program for the City workforce. Total Requests S10,028,405 Contingency Set Aside $10,028,405 Difference if all funded $0 Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100607 'Title:Little Island Park Parking Lot Improvements-ARPA Status:Proposed(ARPA) Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type:Rehabilitation/Replacement District:Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed cup Funding Funding Funding FY22 FY23 FY24 FY25 FY26 FY27 FY28 Future 2,000,000 2,000,000 - - - - - - Description and Scope This project will fund the infrastructure improvements to renovate the existing paved parking lots at Little Island Park.This funding is intended for Phase 2 of the project for the planned construction of a new parking lot for 279 vehicles and a new bath house on the southern end of Little Island Park. Purpose and Need This project will renovate the existing asphalt parking lot and provide other improvements to this facility.This conforms to the Virginia Beach Outdoor Plan and the Strategic Plan to Achieve City Council's Vision for the Future 2016-2018.This is a heavily used facility providing parking for Sandbridge beach goers and pier fishing on the Atlantic Ocean,canoe and kayakers in Back Bay and overnight parking for campers visiting False Cape State Park.The existing asphalt parking lot is deteriorating. History and Current Status This project complements exisitng project 100249"Little Island Parking Lot Improvements." Operating Budget Impact Comments This project will have no additional impact to the operating budget. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project M:sp S<Mduc e!A<thnt><=t ty9 Project Activities From-To Amount d Design 12/21-12/24 83,300 ts,seY \ Construction 12/21-12/24 534,360 Contingencies 12/21-12/24 179,740 Total Budgetary Cost Estimate: 2,000,000 err._ �•~ .+� M1: ,:J1{r...n. 1 \ 6 Funding Subclass Amount „„A .1 s Local Funding 2,000,000 ri '"' \ t, Total Funding: 2,000,000 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG 100593 'Title:Southside Network Authority Regional Fiber Ring-ARPA Status:Proposed(ARPA) Category:Information Technology Department:Information Technology Project Type Project Location Project Type:Technology District:Various Programmed Funding Programmed Appropriated Funding FY22 FY23 FY24 FY25 FY26 FY27 0 7,000,000 - - - - - Description and Scope The Hampton Roads Regional Connectivity Ring is designed to bring high speed broadband to Hampton Roads.The project includes construction to install conduit and fiber and vaults in the ground,purchase new network equipment,professional services,engineering,and legal fees.Using a middle mile strategy,the Ring could potentially serve Internet Service Providers in areas where the providers lack a presence and will provide opportunity for new Internet Service Providers to enter the market and expand the high-speed internet options available to Hampton Roads communities at competitive rates.The current phase of the Hampton Roads Regional Connectivity Ring connects the five southside cities: Chesa•eake Norfolk Portsmouth Suffolk and Vir:inia Beach. Purpose and Need Virginia Beach is host to three major subsea communications cables:Marea,Brusa,and Dunant.The first two subsea cables became operational in 2018 and connect Virginia Beach's shores to Bilbao,Spain,providing 160 Tb/s(Terabits per second)bandwidth and to Rio de Janeiro and Fortaleza,Brazil through San Juan,Puerto Rico.The most recent subsea cable, Dunant,is a private cable owned by Google and became operational in 2020.Dunant connects Virginia Beach to Saint-Hilaire-de-Riez,France with a speed of 250 Tb/s.As a landing spot for multiple transoceanic subsea cables,an opportunity exists to create an Regional Connectivity Ring and connect the Southside,and eventually the rest of Hampton Roads,to the cables.The Ring will connect to high-speed broadband networks through carrier-neutral"hotels"such as Gloabalinx,among others.The benefits of the project include: •Connectivity among the cities of Chesapeake,Norfolk,Portsmouth,Suffolk and Virginia Beach •Create regional interoperability-a unified and redundant 911 center •Construct broadband infrastructure to support business incubators,technology innovators,product accelerators,and data centers •Foster an ecosystem for both incumbent and new internet service providers to meet demand for affordable internet to address the Digital Divide •Integrate higher education and biomed institutions,for collaborative research(Ready infrastructure for high speed broadband) •Provide bandwidth to support growing educational needs(e.g.,virtual classrooms) •Provide affordable access to underserved and unserved citizens to address the residential Digital Divide and contribute to Digital Equity History and Current Status The five Southside Cities mutually formed the Southside Network Authority,comprised of members from the City Councils,CAOs,and CIOs,to manage the usage and utilization of this fiber ring.On November 12,2019,the City Council adopted a resolution that authorized articles of incorporation for the Authority.An RFP was recently issued by the Hampton Roads Planning District Commission(HRPDC)on behalf of the Authority.Solicitations closed in August 2021.At the October 2021 HRPDC meeting,it was reported that the procurement process will be finalized by the end of 2021. Operating Budget Impact Comments None are anticipated. FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - Total FTE - - - - - - Project Map ScMduk•of Activitx•s Project Activities From-To Amount 11/2021- Design 1/2022 100,000 Construction 1/2022- 12/2023 6,600,000 1/2022- Equipment 12/2023 300,000 7,000,000 Total Budgetary Cost Estimate: Amount 7,000,000 Meant of Financing Funding Subclass Federal-American 7,000,000 Rescue Plan Act Total Funding: 7,000,000 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG 100592 'Title:Enhanced Telehealth and Case Management-ARPA Status:Proposed(ARPA) Category:Information Technology Department:Human Services and Information Technology Project Type Project Location Project Type:Technology District:Various(Mobile Case Workers for Human Services) Programmed Funding Programmed Appropriated Funding FY22 FY23 FY24 FY25 FY26 FY27 0 2,224,000 - - - - - Description and Scope This project will procure hardware and pay for software licensing,support,and maintenance necessary to support enhanced telehealth,tele-case management,workforce mobility, hoteling,and technology modernization in the Department of Human Services.The project will expand the current telehealth and tele-case management capacity,modernize multifunctional and training room technology to support training the mental and behavioral health workforce,replace desktops with laptops,tablets,or a Virtual Desktop Infrastructure solution to encourage remote,in the field or at work,replace desk phones and cell phones with virtual telephony,implement a hoteling program at Human Services facilities and replace monitors.The hardware and software projects include all the necessary hardware and software to support each sub-project in this funding proposal.The overall project expand the telehealth and tele-case management program through the Citizen Device project by providing citizens with the hardware and software necessary to receive telehealth from any location will complete the hardware device replacement project begun with allocations from the CARES Act in 2020. Desktop Replacements:Desktops will be replaced with one of three solutions:1)tablets with cellular data plans 2)laptop bundles,or 3)VDI bundles. Mobile Device Management(MDM):Allows Human Services to administer and secure devices remotely.(Encryption,password protection,etc.).An MDM license is required for each tablet that will be managed by Human Services. 1.Laptop Bundles:Include a laptop,a docking station,two monitors,and other peripherals. Department of Human Services staff who receive a laptop bundle will have the ability to telework from the field or other approved locations, 2.Tablets with Cellular Data Plans:Will be used to support telehealth and tele-case management and the Citizen Device project.This solution includes licensing costs for telehealth software and MDM for both clinician and citizen tablets.Tablets assigned to clinicians have an additional cost for VDI licensing. 3.Virtual Telephony(Cisco Jabber)Enables OHS staff to be accessible to the communities they serve while teleworking and hoteling.A software(Cisco Jabber)license is required for each device that utilizes virtual telephony in place of a physical device for a phone. Hoteling bundles:A proof of concept will need to be evaluated for the final solution.The solution could be a device for virtual telephony,video conferencing,and presentations Purpose and Need The COVID-19 public health emergency increased the need for Department of Human Services to provide services to communities in need remotely,safely,and efficiently.The workforce mobility program addresses these needs by providing mobile solutions that enable staff to deliver telehealth and tele-case management programs for families and individuals.The program includes hardware solutions utilizing Mobile Device Management,Virtual Device Interface,Virtual Telephony,and the necessary software to support teleworking and hoteling.The multifunctional and training room technology modernization project supports the training of mental and behavioral health workforce and remote History and Current Status This program continues work that began with funding allocated from the CARES Act and expands it to introduce new technology and systems to Human Services for the benefit of clients and staff. Operating Budget Impact Comments Annual expenses from FY 2026-27 forward will be covered within the Human Services operating budget. FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - Total FTE - - - - - - Project'Nap Schedule of Actry r,es Project Activities From-To Amount Workforce Mobility Design and Acquisition 6/2022- 10/2022 273,008 Implementation 11/2022- 6/2023 1,079,992 Device Replacement Design and Acquisition 9/2021- 11/2021 500,000 Decommissioned 12/2021- Inventory 2/2022 261,000 Implementation 3/2022- 5/2022 110,000 2,224,000 Total Budgetary Cost Estimate: Amount 2,224,000 Means of Flnancng Funding Subclass Federal-American 2,224,000 Rescue Plan Act Total Funding: 2,224,000 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Virginia Beach Psychiatric Center SECTION 2, SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of In-House/intra agency El your tax return Financial Services (include Bank of America (see attached) ® 0 lending/banking institutions and current mortgage holders as applicable) In-house - Universal Health Legal Services Services Inc. (UHS) In-House/intra agency El ® Broker/Contractor/Engineer/Other Service Providers 3I � � I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. { I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4„,„.141- /05)20 21 - -- I I APPLICANT'S SIGNATURE PRINT NAME DATE { BANK OFAMERICA * • i 5 October 15,2020 Please accept this letter as confirmation that according to our records,the account referenced below is E maintained at Bank of America,N.A.with the following information: Account Name: UHS of Delaware Inc Account Number: 8188903045 Account Type: Analyzed Checking Account Routing Number ACH/EFT: 071000039 Routing Number Domestic Wires: 026009593 SWIFT Code International Wires: BOFAUS3N Account Address 367 S Gulph Rd King.of Prussia PA 19406-3121 The information set forth above is as of 10/15/20.Please note that the information provided by the Bank in this letter Is given as of the date of this letter and is subject to change without notice,and is provided in strict confidence to you for your own use only,without any responsibility,guarantee, representation,warranty(expressed or implied),commitment or liability on the part of the Bank,its parents,subsidiaries or affiliates or any of its or their directors,officers or employees to you or any third party,and none of them assumes any duties or obligations to you In connection herewith.This letter is not to be quoted or referred to without the Bank's prior written consent.The Bank has no duty and undertakes no responsibility to update or supplement the Information set forth in this letter. If you have any questions,or require further assistance please do not hesitate to contact us at 888.715.1000 EXT 88640. Sincerely, Edwin Guzman Officer,Treasury F&S Advsr-Service Bank of America T 1.888.715.1000 ext.88640 NC1-026-02-07,900 W.Trade Street,2nd Floor,Charlotte,NC 28255-001 dedicatedeastone@bankofamerica.com DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Mother Seton House, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparer of BDO Norfolk your tax return Jon Maskell Financial Services (include Townebank Chelsea Copin X ❑ lending/banking institutions and Dollar Bank Robin Gregory current mortgage holders as applicable) Pender & Coward: X Legal Services Jeff Wilson Kristin Jurjevich Dills Architects: Tee Ellis X Broker/Contractor/Engineer/Other Asturian Group: Service Providers Dave Durant CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand(t-"am responsible for updating the information provided herein if it changes prior to e C uncil action upon this Application. Jennifer Sieracki, CEO 10/5/2021 APPLICANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM o • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Samaritan House SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) X 0 Accounting and/or preparer of PBMares. your tax return Wall, Einhorn & Chernitzer. Financial Services (include Towne Bank. X 0 lending/banking institutions and current mortgage holders as applicable) Thomas E. Snyder, Esquire X 0 Legal Services INMAN & STRICKLER, PLC. Bryn Hitchcock, Chesapeake Homes. X Broker/Contractor/Engineer/Other Joe Bushey, Draper Aden Service Providers Associates. Julie Bauman, Cox, Kliewer, , & Company, P.C. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. VG��f Robin T. Gauthier 10-6-2021 APPLICANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM 4 • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Virginia Beach Community Development Corporation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Wall, Einhorn&Chernitzer, P.C. your tax return Financial Services (include TowneBank, Virginia Housing, Virginia lending/banking institutions and Community Capital Bank, Bank of current mortgage holders as America, Truist, Vanguard, Wells Fargo, Virginia Beach Development Authority applicable) Singer Davis, LLC ® � Legal Services VBCDC utilizes a number of different contractors and professional service Broker/Contractor/Engineer/Other providers for its affordable housing Service Providers projects. VBCDC is not aware of any provider that has a special interest with the city of Virginia Beach that would require disclosure. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Jessica Guglielmo,President and CEO 10/7/2021 APP CA T'S SIG URE PRINT NAME DATE DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Foodbank of Southeastern Virginia & the Eastern Shore SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Dixon Hughes Goodman - your tax return Audit and Tax Return Financial Services (include Towne Bank, Bank of America, III ❑ lending/banking institutions and PNC Bank, Wells Fargo Bank current mortgage holders as applicable) El • Legal Services ■ Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. • Ruth Jones Nichols - President l & CEO Jb( `142 APPLICANT'S SI TURE PRINT NAME DATE DISCLOSURE STATEMENT FORM 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: United Way of South Hampton Roads SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 71 Accounting and/or preparer of Wall Einhorn & Chernitzer your tax return (WEC) Financial Services (include See attached Ej lending/banking institutions and current mortgage holders as applicable) Wilcox and Savage ZrLegal Services We are not aware of any Broker/Contractor/Engineer/Other current providers that have Service Providers special interests with the city of VB that would require disclosure CERTIFICATION: I certify that all the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Ca( �� . Joseph Collins 10.6.2021 APPLICANT'S SIGNATURE PRINT NAME DATE United Way of South Hampton Roads Financial Services Listing As of 913012021 Asset t Bank Account Details Financial Institution Account Name Bank of America Corporate Bank of America Payroll Bank of America Charitable Pledge Processing BB&T United Way of South Hampton Roads BB&T Capital Markets(MMA) United Way of South Hampton Roads BB&T Scott&Stringfellow Stock receipt account(liquidated immediately) Merrill Lynch Stock receipt account(liquidated immediately) SunTrust Corporate SunTrust Operating SunTrust Sweep Account The Carr Investment Group United Way of South Hampton Roads Towne Investment Group T-bills Towne Investment Group Stock receipt account(liquidated immediately) TowneBank Combined Charities Campaign TowneBank Combined Charities Campaign-MMA Wells Fargo United Way of South Hampton Roads HAND Benefits&Trust Company United Way of South Hampton GT Fidelity Investments United Way of South Hampton Roads Liability I Loan Details Financial Institution Account Name TowneBank PPP Loan Info(2 loans) • • • K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG) REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****.**.*************.***.********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e5e199efdbe57fa15b44a0be6920e5bbd 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 16, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/09/2021 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I 0 C A D N C O M O O L O C N Y L ONOUWS T HCEEME S S EOE I H R Y B S S E R 1-Il. CITY COUNCIL'S BRIEFING A. Dome Site Update Taylor Adams, Deputy City Manager ❑-VI. A-E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 AY Y Y Y Y Y Y Y Y Y F. MINUTES APPROVED 9-0 AYY Y Y Y YYY A Y 1. INFORMAL and FORMAL SESSIONS B October 19,2021 tc u G MAYOR'S PRESENTATIONS I. RESOLUTIONS IN RECOGNITION RESCHEDULED Dale Snodgrass PROCLAMATION ADD ON Native American Heritage Month CERTIFICATE OF RECOGNITION ADD ON Roger Adams H. PUBLIC COMMENT 1. ESTABLISH AN INDEPENDENT CITIZEN 14 SPEAKERS REVIEW BOARD 2. ALLOCATION OF EDWARD BYRNE 1 SPEAKER JUSTICE ASSISTANCE GRANT Law Enforcement Purposes 1. PUBLIC HEARINGS I. PROPOSED CHARTER AMENDMENTS 1 SPEAKER a. Filling vacancies on City Council b. Membership of Board of Equalization 2. CONVEYANCE OF EASEMENT ON CITY 1 SPEAKER PROPERTY 665 Independence Boulevard to Dominion Energy 3 ACQUISITION OF AGRICULTURAL LAND 1 SPEAKER PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 31.98+/- acres at 4469 Charity Neck Rd K.1. Resolution to ADOPT the City's 2022 ADOPTED,AS 9-1 AY Y Y Y Y Y Y Y Y N Legislative Agenda AMENDED CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/09/2021 PAGE: 2 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T I O C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ER N N K.2. Resolution to REQUEST the General NOT INCLUDED 10-0 A Y Y Y Y Y Y Y Y Y Y Assembly AMEND the City Charter re: IN LEGISLATIVE a. Process for filling vacancies in the Office of AGENDA City Council and Mayor (Requested by Council Members Moss,Rouse and Tower) K.2. Resolution to REQUEST the General ADOPTED,BY 10-0 AY Y Y Y Y Y Y Y Y Y Assembly AMEND the City Charter re: CONSENT b. Expand the membership Board of Equalization (Requested by Council Member Moss) K.3. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9-0 AY Y YYY A YYYY a 2,218 square feet (0.05 acres) Utility CONSENT B Easement to Dominion Energy re serve HRSD Facilities on City-owned property atA T 665 Independence Boulevard N E D K.4. Ordinance to AUTHORIZE: ADOPTED,BY 9-1 AY Y Y Y Y N Y Y Y Y a. Acquisition of an Agricultural Land CONSENT Preservation(ARP)easement from Melvin H. Eaton,II(31.98+/-acres) b. Issuance by the City of its contract obligation in the maximum principal amount of$238,784 c. TRANSFER funds to purchase U.S.Treasury Strips K.5. Ordinances to AMEND: DEFERRED TO 10-0 A Y Y Y Y Y Y Y Y Y Y a. Section 1.3 and 1-30 of the Stormwater JANUARY 18, Management Ordinance (Appendix D) re 2022,BY Stormwater Appeals Board CONSENT b. Section 1.2 of the Public Works Design Standards Manual re variances K.6. Ordinances to EXTEND the date for ADOPTED,BY 10-0 AY Y Y Y Y Y Y Y Y Y satisfying conditions re: CONSENT a. Closing one-half of unimproved,unnamed alley adjacent to the rear of 837 South Atlantic Avenue in Croatan b. Closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue K.7. Ordinances to AUTHORIZE temporary ADOPTED,BY 10-0 AY Y Y Y Y Y Y Y Y Y encroachments into a portion of City-Owned: CONSENT a. Property known as Treasure Canal located at the rear of 2244 Windward Shore Drive re construct and maintain bulkhead,rip rap, timber pier,boat lift and roof structure b. Property located at the rear of 2460 Entrada Drive re construct and maintain timber bulkhead,wharf and boat lift K.7 c. Ordinance to AUTHORIZE temporary DEFERRED TO 9-0 AY Y YYY Y AY Y Y encroachments into a portion of City-Owned: DECEMBER 7, Right-of-Way known as Sandfiddler Road 2021 adjacent to 2445 Sandfiddler Road re retain 12 wood pile posts(Staff recommendation for denial) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/09/2021 PAGE: 3 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L J R T 1 O C A DNC O M O O L O C N Y L ONOUWS T HCEEME S S EOE I H R YBS S ERNN K.8. Ordinances to ACCEPT and ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $78,004 from the Edward Byrne Justice Assistance Grant (JAG) to the FY2021-22 Police Department and Community Corrections Operating Budgets re law enforcement purposes b. $220,000 from Eastern Virginia Medical School to the FY 2021-22 Parks and Recreation Operating Budget re provide childcare for financially challenged families $1,882,004 from the Virginia Department of b. Emergency Management to the FY2021-22 Emergency Management Operating Budget re flood mitigation assistance at qualifying residential properties K.9. Ordinances to TRANSFER: ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y a. $250,000 to Capital Project#100574"Courts CONSENT Technology System Sustainment"re replace the Paging System in Court Building $150,000 to the Capital Project #100076 b. "Accela Sustainment"re Accela upgrades L.1. VIRGINIA BEACH DEVELOPMENT DEFERRED TO 9-1 AY Y Y Y Y N Y Y Y Y AUTHORITY/ VIRGINIA BEACH DECEMBER 7, DEVELOPMENT AUTHORITY&FROB, 2021 LLC for a Modification of Proffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7 —PRINCESS ANNE(Deferred from October 19,2021) L.2. SCHAFFER CONSTRUCTION/JOE P. APPROVED/ 10-0 AY Y Y Y Y Y Y Y Y Y COVINGTON, JR., JANET R. CONDITIONED COVINGTON, B. HARRISON JAMES, III, KAREN BONNEY FLEMING & JULIE BONNEY CROCKETT for a Conditional Use Permit re automobile service station at 152 Newtown Road & 5790 Princess Anne Road DISTRICT 2 — KEMPSVILLE L.3. VIRGINIA BEACH DISTILLING LLC/ APPROVED/ 10-0 AY Y Y Y Y Y Y Y Y Y OCEANA CROSSINGS, LLC for a CONDITIONED, Conditional Use Permit re craft distillery at BY CONSENT 1375 Oceana Boulevard,Unit 142 DISTRICT 6—BEACH L.4. SUE W.KENT for Conditional Use Permit re APPROVED/ 10-0 AY Y Y Y Y Y Y Y Y Y short term rental at 901 Pacific Avenue,Unit CONDITIONED, D DISTRICT 6—BEACH BY CONSENT L.5. PETER YORDANOV POPOV for a APPROVED/ 10-0 AY Y Y Y Y Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED, at 927 Pacific Avenue,Unit A DISTRICT 6— BY CONSENT BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:11/09/2021 PAGE: 4 B r_ AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W V`' U R E L J R T I O C A DNC OMO 0 L O C N Y L ONOUW S T HCEEMES S E O E I H R YBS S ER N N M. APPOINTMENTS RESCHEDULED BY C ONS ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE ADJOURNMENT 8:41 PM OPEN DIALOGUE 4 SPEAKERS 8:56 PM