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10-4-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large CA14 A'BEg0 VICE MAYOR ROSEMARY WILSON,At Large -> L v MICHAEL F.BERLUCCHI,Rose Hall-District 3 O -•-- '_ LINWOOD O.BRANCH,Lynnhaven-District S Cj BARBARA M.HENLEY,Princess Anne-District 7 c) _ \IF j.) N.D. "ROCKY"HOLCOMB,Kempsville-District 2 % • ' • DELCENO C.MILES,Bayside-District 4 • JOHND.MOSS,At Large '**r s•`� AARONR.ROUSE,At Large °` °UR M•Z�OM GUY K.TOWER,Beach-District 6 SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS October 4,2022 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM A. INDEPENDENT CITIZEN REVIEW BOARD (ICRB) UPDATE Regina S. Hilliard, Director—Human Resources Roderick R. Ingram, Deputy City Attorney (Requested by Council Member Wooten) II. CITY MANAGER'S BRIEFING 3:45 PM A. VIRGINIA BEACH POLICE DEPARTMENT UPDATE Chief Paul E. Neudigate—Police III. CITY COUNCIL LIAISON REPORTS 4:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM V. CITY COUNCIL AGENDA REVIEW 5:00 PM VI. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER 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 Dr. JaeHaeng Choi Foundry United Methodist Church 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 1. INFORMAL and FORMAL SESSIONS September 20, 2022 2. SPECIAL FORMAL SESSION September 27, 2022 G. MAYOR'S PRESENTATION 1. RESOLUTION IN MEMORIAM Rosa Blanco Cely Diaz, Filipino Women's Club of Tidewater—President, accepting H. PUBLIC HEARING 1. ACQUISITION,BY AGREEMENT OR CONDEMNATION Construct a City Pump Station re Euclid Place I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 2-459 re composition of the Human Rights Commission (Requested by Council Member Berlucchi) 2. Ordinance to AMEND City Code Section 21-230 re traffic calming at Broad Bay between North Great Neck and Lone Pine Roads 3. Resolution to ADD an additional three (3) members re Process Improvement Steering Committee(Requested by City Council) 4. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Road Show Affiance Suicide Prevention re fmancial assistance towards the "My Life Matters" musical (Requested by Council Member Berlucchi) 5. Ordinance to AUTHORIZE the provision of streaming services re Council Member Miles' Bayside Town Hall on November 29,2022 (Requested by Council Member Miles) 6. Ordinance to APPROPRIATE $1-Million from Parks and Recreation Special Revenue Fund to Capital Project#100127"Community Recreation Centers Repairs and Renovations" re support ongoing maintenance needs 7. Ordinance to APPROPRIATE $1-Million from the redirection of previously appropriated American Rescue Plan Act (ARPA) funding to the Virginia Beach Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by Council Member Branch) 8. Ordinance to ACCEPT and APPROPRIATE $398,864 from Department of Homeland Security to the FY 2022-23 Fire Department Operating Budget and provide a local match of $39,886 re overtime costs associated paramedic training 9. Ordinance to ACCEPT and APPROPRIATE $65,000 from the Office of Executive Secretary of the Supreme Court of Virginia to the FY 2022-23 Commonwealth Attorney Operating Budget and AUTHORIZE local match (25% provided by Human Services Department in-kind resources)re adult drug treatment court program 10. Ordinance to ACCEPT and APPROPRIATE $289,516 from the Virginia Department of Behavioral Health and Departmental Services(DBHDS)to the FY 2022-23 Human Services Operating Budget and ESTABLISH two (2) full-time positions re expansion of services related to STEP-VA 11. Ordinance to ACCEPT and APPROPRIATE$20,000 from the Virginia Beach Department of Behavioral Health and Departmental Services (DBHDS) to FY 2022-23 Human Services Operating Budget re support problem gambling prevention services 12. Ordinance to TRANSFER $1,360,000 from Capital Project #100264 "Lynnhaven River Watershed Water Quality Projects II" to Capital Projects #100472 "Water Quality Cost Participation Projects II" re allow the City to negotiate and execute cost participation agreement K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** 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=e5e8cd67608a9ab281 a72ea4ab8cedd35 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 4, 2022. I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM A. INDEPENDENT CITIZEN REVIEW BOARD (ICRB) UPDATE Regina S. Hilliard, Director—Human Resources Roderick R. Ingram, Deputy City Attorney (Requested by Council Member Wooten) II. CITY MANAGER'S BRIEFING 3:45 PM A. VIRGINIA BEACH POLICE DEPARTMENT UPDATE Chief Paul E. Neudigate— Police III. CITY COUNCIL LIAISON REPORTS 4:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM V. CITY COUNCIL AGENDA REVIEW 5:00 PM VI. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER 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 Dr. JaeHaeng Choi Foundry United Methodist Church 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 1. INFORMAL and FORMAL SESSIONS September 20, 2022 2. SPECIAL FORMAL SESSION September 27, 2022 G. MAYOR'S PRESENTATION 1. RESOLUTION IN MEMORIAM Rosa Blanco Cely Diaz, Filipino Women's Club of Tidewater—President, accepting 5 • RESOLU'HON WHEREAS: Rosa Anorico Blanco was President of the Filipino Women's Club of Tidewater which was the first Filipino organization in the Hampton Roads established on April 12, 1964 and continued to serve on its Board of Directors;and WHEREAS:Rosa Blanco was the longest serving Treasurer of thirty-two(32)years for the Council of United Filipino Organizations of Tidewater, Virginia,Inc. which was started on January 16, 1976;and WHEREAS: Rosa Blanco was a member of the Philippine Cultural Center Virginia Board of Trustees;and WHEREAS: Rosa Blanco chaired the Scholarship Committee for the United Ilocano Association of Tidewater and served on its Board of Directors;and WHEREAS:Rosa Blanco greatly supported the programs of Fil Fest USA;and WHEREAS:Rosa Blanco graduated from the University of the Philippines with a Bachelor of Science Degree in Education with a Major in Mathematics and a Minor in Physics;and WHEREAS:Rosa Blanco graduated from Old Dominion University with a Masters of Science in Education with a concentration in Mathematics;and WHEREAS: Rosa Blanco taught Mathematics and Physics in the Philippines, and Brewbaker Academy in Norfolk, Virginia;and WHEREAS:Rosa Blanco was appointed as the Chairperson for the Mathematics Department at Brandon Junior High School. She also taught Mathematics at Tallwood High School and Tidewater Community College in Virginia Beach, Virginia. She retired in 2010 with a total of forty-one(41)years as an educator;and WHEREAS: Rosa Blanco served as the Treasurer of the Tidewater Council of Teachers in Mathematics, Member of the Mathematics Curriculum Committee and Scholarship Committees of Virginia Beach;and WHEREAS: Rosa Blanco was a member of the Virginia Beach, State of Virginia and National Education Associations;and NOW THEREFORE,BE IT RESOLVED: On August 22, 2022,Rosa A. Blanco passed away leaving a rich living legacy with her decades of Educational Leadership and Community Dedication that is duly recognized and applauded. BE IT FURTHER RESOLVED: That the City Council hereby honors the memory of Rosa A. Blanco and extends condolences to her family,friends and loved ones. IN MEMORY OF ROSA ANORICO BLANCO Adopted by the Council of the City of Virginia Beach, Virginia the 4th day of October, 2022 and present this Resolution duly signed by each Member of the Virginia Beach City Council. q..4.0. 4e., Ca.A L Council;Kem6erYichaef Berfucchi CouncifYem6er Linwood o.Branch Council 5Mem6erBar6ara 9f.9f n �j� % ' �1 !l(///�C� aAs. I 1 •24 Count'9Vf .W c "7Cofcom6 Council Yem6erDefceno C Miles r,; • I,erJoh,•:.Moss Aik C uncif em6erAa mouse C nci f Yem6er Guy?C Tower Cou 9m fe6er" na(D.Wooten Vice 3fayoorr Ras Wilson Yayor WO-1 fit.'Bo" "(Dyer H. PUBLIC HEARING 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION Construct a City Pump Station re Euclid Place : yy ^i i *+s nfs�;ria"� o•aR o PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday October 4, 2022 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, Virginia Beach, Virginia, on the proposed acquisition, by agreement or condemnation, of property in fee simple necessary for the construction of a City pump station in connection with the Euclid Place Pump Station(Replacement of PS- 357), CIP 100327 (formerly CIP 6-153) (the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary. for the Project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Department of Public Works/Office Real Estate,Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center, (757) 385-4161. 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: https://vbgpv.webex.com/vblov/o nstage/g,oho?MT ID=e5e8cd6760 8a9ab281a72ea4ab8cedd35 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on October 4.2022. All interested parties are invited to participate. Amanda Barnes City Clerk Beacon: September 25,2022 ,4,„au ae��L Lji e.,..) w S�^T CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize acquisition of property in fee simple for the Euclid Place Pump Station (Replacement of PS-357), CIP 100327 (formerly CIP 6-153), either by agreement or condemnation PUBLIC HEARING: October 4, 2022 MEETING DATE: October 18, 2022 • Background: The City operates a sanitary sewer pump station (Euclid Place PS-357) at the southeast corner of Cleveland Street and Opal Avenue. PS-357 was built in December 1974 and has exceeded its useful life and needs to be replaced. The existing pump station does not have the capacity to handle the projected flows for sewer service area SA-357, which includes the Central Village Plan and the Housing Resource Center. The replacement is time-sensitive due to the limited remaining useful life of PS- 357 as well as the pending Cleveland Street Phase IV Project. The associated underground utility work may impact both projects and the Cleveland Street Phase IV Project scope and schedule will likely require the pump station construction be complete ahead of the roadway construction. The current site housing PS-357 is too small for present and future needs and does not provide room for stormwater management. • Considerations: A site at 111 Opal Avenue (GPIN: 1477-04-4248) (the "Property") has been determined to be the optimal location for the construction of the replacement pump station. However, only a 125' x 60' portion of the Property (approximately 7,500 square feet) will be needed. The Property is currently improved with a cell tower which will not be displaced. The pump station will be constructed on a vacant portion of the Property. The replacement pump station will be constructed as a part of the Pump Station Program VI, CIP 100327 (formerly CIP 6-153). • Public Information: A public hearing will be held on October 4, 2022, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which would delay the construction of the pump station and the Cleveland Street Phase IV Project. • Recommendations: Approval. 4' • Attachments: Ordinance and Location Map. Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate0 City Manager:P .0 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE EUCLID PLACE PUMP STATION 4 (REPLACEMENT OF PS-357), CIP 100327 5 (FORMERLY CIP 6-153), EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS, the existing City pump station known as Euclid Place PS-357 located at 9 the southeast corner of Cleveland Street and Opal Avenue has exceeded its useful life and 10 does not have the capacity to handle the projected flows for the area; 11 12 WHEREAS, the current site is too small for current and future needs, and does not 13 provide room for stormwater management; 14 15 WHEREAS, a 7,500 square foot portion of a site located at 111 Opal Avenue(GPIN: 16 1477-04-4248) (the "Property") has been determined by the Department of Public Utilities 17 to be the optimal location for the construction of a replacement pump station to service the 18 needs of the surrounding area; and 19 20 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 21 public necessity exists for the construction of this important sanitary sewer pump station 22 project to provide continued utility service to the surrounding area, for the preservation of 23 the safety, health, peace, good order, comfort and convenience and for the welfare of the 24 people in the City of Virginia Beach. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 Section 1. That the City Council authorizes the acquisition by purchase or 30 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the 31 Code of Virginia of 1950, as amended, of all that certain Property in fee simple, more 32 particularly shown on Exhibit A, attached hereto and made a part hereof, for the purpose of 33 construction of a pump station to replace the Euclid Place PS-357 pump station, to be 34 funded by Pump Station Program VI, CIP 100327 (formerly CIP 6-153). 35 36 Section 2. That the City Manager is hereby authorized to make or cause to be made 37 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 38 offer to the owners or persons having an interest in the Property. If refused, if the property 39 owners are unable to convey clear title, or if the owners cannot be identified or located, the 40 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 41 to condemn to acquire title to the Property. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 44 , 2022. CA15627 R-1 8/10/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d010\p045\00823255.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P LI�ORKS AL ESTATE CI A RNE r EXHIBIT A Property Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER GPIN (Now or Formerly) Approximately Crown Castle GT Company LLC 1477-04-4248 7,500 sq. ft. portion of 111 Opal Avenue, Virginia Beach, Virginia 23462 125' x 60' (±) located at the northern boundary of the Property o W ,I�_ E (- (/,;-"'"`'-'4,., V/2' I V1pC/�/ �r J I ! m g8,1c,„ C z CLEVELAND ST S o aw / - w 0 Z_ S/TQ i 64 Pfi, t i , I S f NF fib ti. i^ \ r,_,), \ 1 _____ f wl \ \, <r> IP,' w \ , f O \ 1 Xib\\00, w a i \ a. \ O SOUTHERN'BLVD Legend LOCATION MAP City Property \ PART OF 111 OPAL AVENUE 1477-04-4248 N' PART OF GPIN 1477-04-4248 limm Feet re I Property to be Acquired 0 50 100 200 . --..-.--__ •-•-. 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' ,- .. -- • -, ' ir 'I `'.. • -'• •-• - ..-... :, - - .. -0 .•.:, i. ._ „.. ; ._....-.. _ = Cr . :ii•. - - _ , , ....____,...._.....,_., _ -. C.) 1i ........ : • I,* ._ : (so -..-------Qm.•e-,L-. Me i D idge V.- - 0(NI .4- ._, fa i • e Il 2 a 'i •. . -,T.,',_,- , ,- ."-._ , .mi- . CI_ , (1) ii 1.-- . N 0_...... _ 13 ..-,>s 0•- •cr s-- ... _____—___ _— MN s c C.) ,- CL • ',..... , t k `" •„ •• I L 41 a) rs) • .,. 3AV13SNOCI ,,, a) _i Oa I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 2-459 re composition of the Human Rights Commission (Requested by Council Member Berlucchi) 2. Ordinance to AMEND City Code Section 21-230 re traffic calming at Broad Bay between North Great Neck and Lone Pine Roads 3. Resolution to ADD an additional three (3) members re Process Improvement Steering Committee (Requested by City Council) 4. Ordinance to AWARD a$5,000 Community Services Micro-Grant to Road Show Affiance Suicide Prevention re financial assistance towards the "My Life Matters" musical (Requested by Council Member Berlucchi) 5. Ordinance to AUTHORIZE the provision of streaming services re Council Member Miles' Bayside Town Hall on November 29,2022 (Requested by Council Member Miles) 6. Ordinance to APPROPRIATE $1-Million from Parks and Recreation Special Revenue Fund to Capital Project#100127"Community Recreation Centers Repairs and Renovations" re support ongoing maintenance needs 7. Ordinance to APPROPRIATE $1-Million from the redirection of previously appropriated American Rescue Plan Act (ARPA) funding to the Virginia Beach Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by Council Member Branch) 8. Ordinance to ACCEPT and APPROPRIATE $398,864 from Department of Homeland Security to the FY 2022-23 Fire Department Operating Budget and provide a local match of $39,886 re overtime costs associated paramedic training 9. Ordinance to ACCEPT and APPROPRIATE $65,000 from the Office of Executive Secretary of the Supreme Court of Virginia to the FY 2022-23 Commonwealth Attorney Operating Budget and AUTHORIZE local match (25% provided by Human Services Department in-kind resources)re adult drug treatment court program 10. Ordinance to ACCEPT and APPROPRIATE $289,516 from the Virginia Department of Behavioral Health and Departmental Services(DBHDS)to the FY 2022-23 Human Services Operating Budget and ESTABLISH two (2) full-time positions re expansion of services related to STEP-VA 11. Ordinance to ACCEPT and APPROPRIATE$20,000 from the Virginia Beach Department of Behavioral Health and Departmental Services (DBHDS)to FY 2022-23 Human Services Operating Budget re support problem gambling prevention services 12. Ordinance to TRANSFER $1,360,000 from Capital Project #100264 "Lynnhaven River Watershed Water Quality Projects II" to Capital Projects #100472 "Water Quality Cost Participation Projects II" re allow the City to negotiate and execute cost participation agreement c r Nut rS A16, `"a r~1`�� ° �.L t� ..;y� CITY OF VIRGINIA BEACH � AGENDA ITEM ITEM: An Ordinance to Amend Section 2-459 of the City Code Pertaining to the Composition of the Human Rights Commission MEETING DATE: October 4, 2022 • Background: The City Council created the City's Human Rights Commission in 1991 to advise the City Council on human rights issues in the City. The City Code currently provides that the Human Rights Commission shall have nineteen members, two of whom are high school students. • Considerations: During its September meeting, the Human Rights Commission voted to request that the City Council amend the City Code to provide that the Commission shall consist of 15 members instead of 19. The lower number will better enable effective deliberations and lower the number of members needed for a quorum. Only 15 members currently serve on the Commission, so this change will not impact the terms of any current members. The ordinance also removes the requirement that the two high school student members be a junior and senior. • Public Information: This item will be advertised in the same manner as all other agenda items. • Attachments: Ordinance Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE TO AMEND SECTION 2-459 OF THE CITY 2 CODE PERTAINING TO THE COMPOSITION OF THE 3 HUMAN RIGHTS COMMISSION 4 5 SECTIONS AMENDED: § 2-459 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section § 2-459 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Section 2-459. Commission established; composition; appointment and terms of 14 members; etc. 15 16 (a) There is hereby created the City of Virginia Beach Human Rights Commission which 17 shall consist of nineteen (19) fifteen (15) members. 18 (b) The members of the commission shall be appointed by the city council for a term of 19 three (3) years, provided, however, that two (2) members shall be high school 20 students for and a )T whose terms shall expire upon their graduation from 21 high school. The commission shall elect, from its members, a chairperson, a vice- 22 chairperson, and such other officers as the commission may deem appropriate. 23 (c) Attendance records shall be kept at each meeting of the commission, and an annual 24 report of attendance shall be submitted to city council through the city clerk's office. 25 No member shall accumulate an annual total of more than three (3) absences (not 26 to exceed one-fourth of the total number of meetings) for reasons other than 27 personal illness, death or other unusual circumstances. If this limitation is exceeded, 28 the chairperson shall report to the city clerk the name of the commission member 29 whose unexcused absences exceed the number set forth herein. The city clerk shall 30 then notify in writing, with copies to the city council, the commission member that, 31 due to absences in excess of the number allowed herein, their term of membership 32 on the commission terminated. Thereafter, the city clerk shall forward the vacancy to 33 the city council for appointment of a new commission member. 34 (d) Notwithstanding the provisions of subsections (b) and (c), all members of the 35 commission shall serve at the pleasure of city council. 36 (e) Members of the commission shall serve without compensation, but funds may be 37 appropriated in the annual budget for reasonable and necessary expenses to be 38 incurred by the commission in the conduct of its prescribed functions. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA15931 R-1 September 20, 2022 ( #60- fgrt 4�y.P 1Ir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: October 4, 2022 ■ Background: On February 13, 2001, City Council enacted a traffic calming ordinance to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets can be punished by a fine of$200. • Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following streets have qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Broad Bay Road between North Great Neck Road and Lone Pine Road. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance and maps. Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10) Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12)Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13)Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14)Milburn Manor: Davis Street. 40 (15)Lake James: Lake James Drive. 41 (16)Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 Bay Island: Broad Bay Road between North Great Neck Road and Lone Pine 66 Road. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2022. A • •u►VED A S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6 \ Police Department City Attorn9Citg-(14 APPROVED A- TO CONTENT: Public Works CA15932 R-2 September 22, 2022 Ala N G----- 'NECK RDA1-. ---VVILLOWOAK CIR r _r�- y i — tr fP q Z t r.. Ella --- 17-ri,u_s c3 E C3 b kd 1-----A _ c''"-- `,8 u c:3 73 Lf-ub- k --- '.3. - .1Wati �� �``` 1villa --- BAYS ISLtAND QUAY ' :' `� _ .0 s ,0 (c ,> .. c___-- jr ' sf % .04010 , .1.4.4,,,,•‘• KL::;3 IWO& 11 73 ' am.11 latintetit`t<Sle001144 illigiikt* . , \ Ali ar6". 0 40". tittl IIPS , _____-,go 000 *Alt ' ' It 10°3° 0 'I3 , a---.4111411/011111! •0 11 Q. 0 11101t° as itwiet .. , 410 -t . 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Milbum Manorl Oxford Drive \If Little Neck to Edinburgh .$ • 1) LA.W Mediterranean Ave ceA 4° 41111 ‘') . . ll% v, i, ,A1111.IallatiOnA ;• NOR Ilea a .C. a', 1 Q9 PLAZA T".' l' ir S Croatan FairField CM • it i t .., 1, a i. . I. SCE so`Ng Stgtfazd ipp Bellamymanor • L4k ' 4NIF \ es‘‘ o .4f RI I Lake James 1) • +4'4,, SIIIIIIIIIIIIIIL "DAM NECK RD al r Acredale Red Mill .7 '.Y,i, 1 Country ‘Amh 7., Haven Ilir At" .1. ‘iliito b4**Eckit. 0. 0. OP 4, -------____ t • ... . .., Ai. ' '• r '; r-Qi-,. 124. 1 t X,C,400,ProaectsARC Res Traffic Calming'Tralik Caanng Program mad 0412'2022 'ENGINEERING SUPPORT i ,,_ :•.. ,:........-:.--.....-;:-Y [ e4':, ^=t 1 rs yC7 0: _ I Iel s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add Additional Members to the Process Improvement Steering Committee MEETING DATE: October 4, 2022 ■ Background: The City Council established the Process Improvement Steering Committee ("Committee") in 2011 to study the operation of the City government and recommend changes that improve processes, improve communications within the various aspects of City government and between the City government and the people it serves, and develop contingency plans to address a variety of situations that could adversely affect our citizens. • Considerations: The Committee currently consists of eight members. This resolution would add an additional three members which will benefit the Committee and the City. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution. Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO ADD ADDITIONAL MEMBERS TO 2 THE PROCESS IMPROVEMENT STEERING 3 COMMITTEE 4 5 WHEREAS, in 2011, the City Council established the Process Improvement 6 Steering Committee to study the operation of the City government and recommend 7 changes that improve processes, improve communications within the various aspects of 8 City government and between the City government and the people it serves, and develop 9 contingency plans to address a variety of situations that could adversely affect our citizens; 10 11 WHEREAS, the Committee engages citizens, City staff, business and community 12 leaders, and subject matter experts to address these critical needs; and 13 14 WHEREAS, the Committee currently consists of eight members, and the addition of 15 three more members would benefit the Committee and the City; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That Process Improvement Steering Committee shall consist of eleven members. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15936 R-1 September 28, 2022 Ir�p71A 84-t , vJ� CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Award a $5,000 Community Services Micro-Grant to Road Show Alliance Suicide Prevention MEETING DATE: October 4, 2022 • Background: Road Show Alliance Suicide Prevention is a 501(c)(3) non-profit seeking a Community Service Micro-Grant in the amount of $5,000. This local non-profit strives to promote suicide prevention, mental health, and bullying awareness through its musical, "My Life Matters." The theatrical production is based on cast members' real stories surrounding suicide, depression, and mental health, and it seeks to reach audiences who may not voluntarily seek help with mental health issues. Statistics show 9 out of 10 African American men on average will not voluntarily visit a mental health therapist or use Employee Assistance Program when available. They are, however, more willing to attend a musical where they can listen to cast members share their experiences and coping strategies with mental health issues. The musical has helped audiences connect with, and be transparent about their mental health struggles, saving lives, including a 2021 presentation at the Zeiders Theatre of the musical, "My Life Matters." ■ Considerations: The organization relies on ticket sales to its musical as a source of funding which is not available for planning purposes. The funds from this grant will enable the organization to cover the cost of its "My Life Matters" event, including a "major artist fee" of $5,000, which is deemed necessary to help attract people to the event. Proceeds from the show are intended to strengthen the Virginia Beach community with regards to mental health, teen bullying, and PTSD. This grant will go towards the organization's "My Life Matters" theatrical production, which it hopes to perform at least 2 - 3 times in Virginia Beach. Funding for this grant will be Non-Departmental "Opportunity Grants." For FY 2022-23, this line item was budgeted at $15,000. If this grant is approved, the remaining balance will be $0. • Public Information: Normal City Council agenda process • Attachments: Ordinance, Application, Disclosure Form Requested by Councilmember Berlucchi REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICE MICRO-GRANT TO ROAD SHOW ALLIANCE 3 SUICIDE PREVENTION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $5,000 Community Services Micro-Grant is hereby awarded to Road Show 9 Alliance Suicide Prevention as financial assistance towards its theatrical production of the 10 "My Life Matters" musical, which promotes suicide prevention and mental health 11 awareness for Virginia Beach residents. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i ,/,,, i , �... .�����i: udget and anagement Services it A e s Offft;e CA15925 R-1 September 14, 2022 9der12,&cis PM Mi.Wheel Saban•OuMuak t!.t ail • Virginia Beach t.�rv��vl�►�► .it „�►�_�., tvt►LhU t,it.t..l its I L1t.rt l 4Lif' 14 C dc: h Organization Natx1e, � _ . I qt..? Address: I ► ► I,4 L("iv e tJ be. 11 2 Phone: ► qO!•4c �• 7 ,f 3 _. Email: goaCt ►tut:4 c4 It ftwie a a`• c‘ ( • t.w, Amount of funding requested:$-4 C1t) ($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential ap royal by 'City Manager. I (14 1 4- �t=t: L CA t 2 2 City Council Member Printed Name/Signature Date Oi ganization Status/Category Please select the option below that best describes your 501(c)(3) organization: ,Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. i-iRecognized government entity: state, county, or city agency, including law enforcement, fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes 113K-12 public/private school, charter school, community/junior college, state/private college, or university. INnnripnnminational oreanization, if authorized by Virginia State Code,Section 15.2-953,with Mips.1loulbak.omoe38S AAWDRIMEOZTYzLTA2NTAtNG1308 hY2E2LWMy2D04MzBj2GY3NwAQANaP01eR0NpEpRosZV1... 12 ,, Non-profit organization having state, regional, or local services oenefiting tue �c���� •J -- the City of Virginia Beach. El Are you applying for funding for any of the organizations listed below?Yes D /No If yes, please select the organization. ❑American Cancer SocietyD American Diabetes Association Q United Way El American Heart Association 0 Children's Miracle Network CI N/A l Other Supporting Documentation Please type and attach the following information with your application. Applications without the following attachments will be incomplete, and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the program/project implementation time line (No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnershiphas existed. 4 Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in Question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been providedto date, and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via Page 2 of 3 r s my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the City. Or l\0 Cc L 011;40(e r eue4Tt6+�gan�zation Name.. _ .� (Printed Name) { Authorized Agent: 1,42 C L r e_ (Printed Name) Authorized Agent: (Printed Title) Authorized Agent: (Signature) Date: .A 2 Page 3 of 3 Virginia Beach Community Service Micro-Grant Application Supporting Documentation Road Show Alliance Suicide Prevention 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach?Please explain how(500 words or less). Yes the musical"My Life Matters"promote suicide prevention,mental health awareness,depression, bullying and PTSD 365 days and our goal is to perform it(2-3 times)within Virginia Beach City limits. Also our new Bullying Stopper Reading Program we looking to do a soft launch bring school ends will be pitch to VB School Board. 2. Program/Project Description: Briefly describe your program or the service you intend to provide.Please include the following:Total project cost,other sources of funding(name, organization,501(c)(3)status,the amount of funding provided),and the program/project implementation timeline(No more than 1,000 words). My Life Matters has the biggest budget because it requires for us to travel state to state and city to city building Allies with likeminded individuals and organizations which strengthen our cause. Total estimate cost is $8500 using data from this upcoming event in December.The Bully Stopper Reading Program will consist of two people;the reader and the assistant no budget in place for this program due to the fact we are not sure of cost of the material that will be needed but if we had to go on the estimate it could take up to$3000. 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program,service,or project you are proposing via this application? Has your organization previously?If so,please provide a written explanation.Any explanation should note the City related entity providing funding,how much funding,and how long the funding partnership has existed. I'm not sure if the will be considers,on February 27th 2021 the Virginia Beach Mayor offer us one out of 12 free events allotted to the City per year to allow me to host My Life Matters at the Zeiders Theater,however Road Show Alliance wasn't involved it didn't exist at the time the agreement was with me Thomas McEntyre and the City. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program,service,or project outside of the item proposed in question number three(3)above?If so,please provide a written explanation. Any explanation should note the City related entity that provided the funding,how much funding had been provided to date,and how long the funding partnership existed. No. DISCLOSURE TATEMENT FORM submission of this form is required for all applications The completion and roviders or financial wherein such applicant may utilize certain service p _ seeks to know of the existence of such relationships in advance and the of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE , d t�l tc�,1ty�0 St_i : L t name: �ou _N___ _ Organization - 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: SERVICE PROVIDER (use additional sheets if YES NO L needed) I 0, El Accounting and/or preparer of C,O C la DcLU( your tax return❑ SO\M\RFinancial Services (include, _ a47. lending/banking institutions and Ch Qv�} ��'� td C-- current mortgage holders as • it 70 hoipsd, applicable) i ?i 7-- V b y 0 1X{ 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. (..� 1 / C74) C //C6- 13- APPLICANT'S SIGNATU �✓ PRINT NAME DATE ( u y �J CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: An Ordinance to Authorize the Provision of Streaming Services for Councilmember Miles' Bayside Town Hall on November 29, 2022 MEETING DATE: October 4, 2022 • Background: Councilmember Miles is holding a Bayside Town Hall at the Williams Farm Recreation Center on November 29, 2022, from 6:30 p.m. to 8 p.m. She has requested that City staff facilitate video recording of the event for streaming to the City's Facebook page. • Considerations: The City Council Policy on Councilmember-Sponsored Forums and Events requires an affirmative vote of a majority of the Council for events that involve expenditures or the use of City staff and resources (other than basic services that are listed in the policy and excluded from this requirement). An appropriation of funds is not required, as no additional equipment or supplies need to be purchased and the labor will be provided by City staff, but the services requested would be provided by a City videographer and engineer, and based on their hourly rates, the costs for advance site check, set up, event coverage and equipment breakdown is estimated to be less than $600. • Public Information: This item will be advertised in the same manner as all other agenda items. • Attachments: Ordinance and City Council Policy Requested by Councilmember Miles REQUESTED BY COUNCILMEMBER MILES 1 AN ORDINANCE TO AUTHORIZE THE PROVISION OF 2 STREAMING SERVICES FOR COUNCILMEMBER MILES'S 3 BAYSIDE TOWN HALL ON NOVEMBER 29, 2022 4 5 WHEREAS, Councilmember Miles is holding a Bayside Town Hall at the Williams 6 Farm Recreation Center on November 29, 2022, from 6:30 p.m. to 8 p.m.; 7 8 WHEREAS, she has requested that City staff facilitate video recording of the event 9 for streaming to the City's Facebook page; 10 11 WHEREAS, the City Council Policy on Councilmember-Sponsored Forums and 12 Events requires an affirmative vote of a majority of the Council for events that involve 13 expenditures or the use of City staff and resources (other than basic services that are 14 listed in the policy and excluded from this requirement); and 15 16 WHEREAS, an appropriation of funds is not required, as no additional equipment 17 or supplies need to be purchased and the labor will be provided by City staff, but the 18 services requested would be provided by a City videographer and engineer, and based 19 on their hourly rates, the costs for advance site check, set up, event coverage and 20 equipment breakdown is estimated to be less than $600; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Council authorizes the provision of streaming services, consistent with 26 the description above, for the Bayside Town Hall on November 29, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 15930 R-1 September 19, 2022 uY-,1 ~l a 0.4:,fr . ors ,..,,, City Title: Councilmember-Sponsored Forums and Events Date of Adoption:January 7,2020 Date of Revision:April 19,2022 Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to address expenditures and the use of City staff and resources related to forums and events sponsored or requested by individual members of the City Council. 2.0 Policy Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office to reserve space in a City facility and to request staff assistance, such as the provision of staff with subject matter expertise to attend the meetings,the assistance of staff with meeting planning skills, or staff assistance in publicizing such gatherings. If, however, a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal ($50 or less) out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. Additionally, if a member of Council seeks City staff support in promoting the event through City social media platforms or the City website, mass emails, press releases, speaker coordination, the use of City audio-visual services, the creation or distribution of promotional materials, or other uses of City staff or resources, then the member of Council shall first seek the approval of the City Council of the full scope of services for which the member seeks City staff support. The following procedure shall apply: • If the member seeks to hold an event and there is a departmental co-sponsor that has funds previously appropriated for such purposes, the member may share the purpose of the gathering and the amount of anticipated expenditures with the Council and the Council may approve the matter by consensus. However, if consensus is not obtained, the event must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold an event and there is not funding appropriated for such purpose, the expenditure or use of City staff and resources must be approved by an affirmative vote of a majority of the Council. • Notwithstanding any other provision of this Policy to the contrary, if 14 the member seeks to hold a town hall meeting (such as a district forum or similar event to inform or seek feedback from a member's constituents) in a City building or facility, or non-City venue that the member has already secured and for which there is no facility rental or other fee for use of the venue, City staff may provide the following level of staff support without obtaining the Council consent or vote detailed above: 0 event calendar listing on the City website: Title: Councilmember-Sponsored Forums and Events Date of Adoption: January 7,2020 Date of Revision: Page 2 of 2 a editing and printing up to 500 total pages of meeting agendas or other printed materials (provided that the documents were either developed by the councilmember or are copies of previously existing records); o event notification emails to constituents whose email addresses have been provided to City staff by the member of Council; o notice to district civic leagues; o district-specific postings to Nextdoor.com or a similar site that segments subscribers by district boundaries; o a Facebook event page and Twitter event notifications, the frequency and extent of which shall be in accordance with practices and policies of the City's communications team; and o staff member attendance at the meeting to provide information or logistical support. If a member seeks additional staff support or the event is not held in a City building or facility, then the member shall obtain the consensus of the City Council or an affirmative vote as detailed above. Nothing in this policy shall prevent a councilmember from participating in an event or forum that is sponsored and paid for by a City department, such as discussing a capital project within the member's district, using funds previously appropriated to that department as part of the normal budget process. Nothing in this policy prevents the Police Department from providing security for a town hall meeting if the circumstances warrant doing so or if another policy requires it. Additionally, for events held in City facilities, this policy does not preclude the use of audio/visual equipment that is already located in the City facility. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes. This Policy does not authorize or encourage the use of City-owned buildings and facilities for Councilmember-sponsored forums and events in the 90 days immediately preceding an election if the sponsoring member is on the ballot for such election. u"fib .>f 'No 'tom; J i'' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $1,000,000 of Fund Balance in the Parks and Recreation Special Revenue Fund to Capital Project #100127, "Community Recreation Centers Repairs and Renovations," to Support Ongoing Maintenance Needs MEETING DATE: October 4, 2022 • Background: Typically, through the normal CIP budget process, the Department of Parks and Recreation transfers $1 million from the Department's Operating Budget as pay-go and $1 million from the fund balance of the Parks and Recreation Special Revenue Fund to the Parks and Recreation Capital Project #100127, "Community Recreation Centers Repairs and Renovations." This $2 million in yearly funding provides critical repair and replacement funds for the ongoing maintenance and operation of the City's recreation centers. However, during the pandemic years, departmental revenues declined, and in FY 2021-22, only $1 million was transferred to the Capital Project #100127. In FY 2022-23, no transfer to the CIP was budgeted from the Special Revenue Fund. During the FY 2022-23 budget preparation, the Department was unsure when revenues would rebound enough to result in a positive year-end balance for the Department. Accordingly, the Department budgeted conservatively and did not request funding for this Capital Project; however, at the conclusion of FY 2021-22, the Department finished with an additional $1.9 million in fund balance. This brought the Department's total unrestricted fund balance to $9.4 million, and that amount of fund balance provides the opportunity to restore at least $1 million of the typical capital funding to the recreation centers Capital Project. As the recreation centers continue to age, emergency capital repairs are more frequently needed to keep major systems operational and for the facilities to remain open for citizens. In addition, this Capital Project is used for cyclical replacement of the fitness and cardio equipment at all seven recreation centers. Regular replacement of such equipment is necessary to ensure high customer satisfaction, membership levels, and earned revenue. The Department continues to experience growth in nearly all areas of operation, including memberships and earned revenue, and the Department anticipates revenue will continue to trend upward, potentially allowing the Department to return to its normal $2 million annual contribution to the Capital Project in FY 2023-24. Examples of current initiatives — either recently completed or underway — using Capital Project #100127 with funding from previous years' transfers include: - Repair/Renovate water slide at Williams Farm (under design) - New pool coating at Williams Farm Recreation (under design) - Repair diving board and slide at Bow Creek Recreation Center (under design) - Generator replacements at Great Neck (complete), Bayside (upcoming) and Princess Anne (upcoming) - Underwater pool light replacement at Great Neck (complete) - Pool plenum repairs at Great Neck (upcoming) - LED pool lighting replacement at Kempsville (complete) - Stormwater pond repairs at Kempsville (design complete) • Considerations: The transfer of the $1 million will partially restore the normal, pre- COVID funding stream to this Capital Project. These funds will be used for the following high-priority capital needs: o Replacement of fitness and cardio equipment at Great Neck and Williams Farm Recreation Centers ($750,000); o Deck replacement at Bow Creek Recreation Center ($175,000). The remaining year-end fund balance will remain in the Parks and Recreation Fund Balance, bringing the total unrestricted fund balance to approximately $8.4 million. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Capital Project Detail Sheet Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: irP 1 AN ORDINANCE TO APPROPRIATE $1,000,000 OF FUND 2 BALANCE IN THE PARKS AND RECREATION SPECIAL 3 REVENUE FUND TO CAPITAL PROJECT #100127, 4 "COMMUNITY RECREATION CENTERS REPAIRS AND 5 RENOVATIONS," TO SUPPORT ONGOING 6 MAINTENANCE NEEDS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 $1,000,000 is hereby appropriated from the fund balance of the Parks and 12 Recreation Special Revenue Fund to Capital Project #100127, "Community Recreation 13 Centers Repairs and Renovations," to support ongoing maintenance needs at City 14 recreation centers. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. 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 ►ty Atto e s ce CA15928 R-2 September 23, 2022 Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100127 "Title:Community Recreation Centers Repairs and Renovations III "Status:Approved Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 31,087,768 21,087,768 - 2,000,000 2,000,000 2,000,000 2,000,004 2,000,00. Description and Scope This project funds preventive maintenance,capital repairs,and capital renovations for the city's seven community recreation centers including building structural repairs,electrical system repairs and replacements,mechanical system repairs and replacements,and swimming pool system repairs and replacements.All projects are funded in accordance with established maintenance schedules and assigned capital project priorities.During FY 2022-23, planned capital projects include cardio and fitness equipment replacement at multiple recreation centers,and various other required capital maintenance needs at aging facilities. Purpose and Need Due to the high attendance and heavy usage of the City's seven community recreation centers,these facilities require regular preventive maintenance as well as capital repairs and renovations to effectively maintain these facilities.Every effort is made to bundle related projects to reduce total project costs and to design projects to maximize the use of energy star equipment and other sustainable materials,resulting in reduced maintenance costs and reduced energy consumption during the life cycles of the equipment and materials. History and Current Status This project first appeared in the FY 2008-09 CIP,with funding beginning in FY 2011-12.Previous phases of this project were project 4-009 Community Recreation Centers Repairs&Renovations I and project 4-013 Community Recreation Centers Repairs&Renovations II.Funding for this project comes primarily from the real estate tax associated with the November 1987 Community Recreation Centers Voters Referendum to effectively staff,operate,and maintain all seven community recreation centers.In FY 2014-15,$7,982,198 of appropriations were transferred to project 4-509 Replacement of Kempsville Community Recreation Center.Funding for FY 2021-22 and FY 2022-23 was reduced due to lack of Parks and Recreation Special Revenue fund balance as a direct result of COVID-19. Operating Budget Impact Comments All operating budget impacts for this project are appropriated in the Department of Public Works,Building Maintenance Division operating budget. FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Construction 07/13-06/28 31,087,768 Total Budgetary Cost Estimate: 31,087,768 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 31,087,768 Total Funding: 31,087,768 FY 2022-23 to FY 2027-28 219 Capital Improvement Program w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,000,000 to the City of Virginia Beach Development Authority for Roof Repairs and Renovations for the Amphitheater MEETING DATE: October 4, 2022 • Background: The Virginia Beach Amphitheater (the "Amphitheater") opened in May 1996. The Virginia Beach Development Authority (the "VBDA") leases the Amphitheater property (96.81 acres) from the City and subleases the land to Live Nation to operate an outdoor amphitheater developed by the Authority and Live Nation. As a part of the sublease agreement, maintenance related projects are cost shared 56% Authority and 44% Live Nation. An annual appropriation of $200,000 is provided each year within Capital Project#100456, "Virginia Beach Amphitheater Capital Maintenance," (District 2) to cover the VBDA's portion of these costs. Live Nation has experienced significant revenue loss due to the pandemic and, as result, maintenance efforts were delayed. The capital project has a current funds available balance of $680,934. After a successful summer season, Live Nation is looking to move forward with smaller capital maintenance projects that will fully obligate the funds available within this capital project. Additionally, Live Nation has identified several other capital repair/maintenance needs that total $1,000,000. These capital investments include the replacement of the roof, generators, HVAC systems throughout the facility, and installation of LED lighting in the parking lot. The Amphitheater is 26 years old, and many of these facility components are at the end of their useful life expectancy. Live Nation requests the appropriation of $1,000,000 to begin this work during the offseason, which begins in October. • Considerations: The existing sublease agreement requires capital expenses in excess of$5,000 to be the responsibility of the landlord, the VBDA. Acting on this request now allows the work to be undertaken during the Amphitheater's offseason. Deferral of this request until the next budget process would delay availability of funding until the middle of the next concert season. The proposed funding of $1,000,000 is the redirection of American Rescue Plan Act ("ARPA") funding previously appropriated in November 2021. In fall 2021, the City Council, through two ordinances, appropriated $136.4 million in ARPA funding for various initiatives. The City staff is working to confirm the approved projects are on track with the ARPA deadlines for commitment and expenditure. To date, a few of the original allocations have been identified as being available for redirection to other eligible initiatives. The allocations available for redirection include the following: Purpose Amount City Facility Childcare Pilot Program $500,000 Contribution to VB Rescue Squads $200,000 Special Event Fees $300,000 Total i $1,000,000 City Facility Childcare Pilot Program: Based on a review by Public Works, the $500,000 initially appropriated for the buildout of a facility childcare pilot program for City staff is insufficient as the total cost of such a program would greatly exceed the appropriated amounts. It was also determined that a childcare subsidy for City employees is not allocable under ARPA guidelines. City Council was informed of the inability to complete the pilot program in a Friday packet memo on April 8, 2022. Contribution to VB Rescue Squads: Initially, $250,000 was appropriated for use by the volunteer rescue squads for the reimbursement of pandemic related expenditures. Personal protective equipment and apparel needs have greatly subsided since the early days of the pandemic, resulting in a lessened need. A review of spending for such purposes allows the City staff to recommend leaving $50,000 for the purchase of personal protective equipment and apparel and freeing $200,000 for other City Council priorities. Special Event Fees: The City Council also appropriated $300,000 for Special Event fee offsets to provide relief to businesses and non-profits that host events within the City. These fees are collected to reimburse the City for providing services during special events. This appropriation is no longer necessary as the City Council subsequently rescinded a resolution requiring the collection of these fees as a part of the FY 2022-23 Operating Budget. Summary: As these expenditures for the roof, generators, HVAC, and lighting would likely have been an obligation of the Authority, and Live Nation can demonstrate significant levels of revenue loss due to the pandemic, City staff have concluded that the proposed work on the Amphitheater is eligible for the use of ARPA funding. The needed projects at the Amphitheater are estimated to be completed well prior to the ARPA deadline. The attached ordinance includes reporting requirements for the VBDA, and this documentation is necessary for the City to comply with ARPA reporting requirements. • Alternative for Consideration: As an alternative for consideration, the City Council could opt to appropriate $1,000,000 from the fund balance of the TIP fund to support this initiative. • Public Information: Normal City Council process • Attachments: Ordinance REQUESTED BY COUNCILMEMBER BRANCH REQUESTED BY COUNCILMEMBER BRANCH 1 AN ORDINANCE TO APPROPRIATE $1,000,000 TO THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 FOR ROOF REPAIRS AND RENOVATIONS FOR THE 4 AMPHITHEATER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,000,000 is hereby appropriated to the City of Virginia Beach Development 10 Authority for roof repairs and renovations at the Amphitheater from the following sources: 11 a. $200,000 from the Grants Consolidated Fund in amounts previously provided 12 to the Virginia Beach rescue squads in the appropriation of American Rescue 13 Plan Act funds on November 16, 2021; 14 b. $300,000 from the Grants Consolidated Fund in amounts previously provided 15 for special event fee offsets in the appropriation of American Rescue Plan Act 16 funds on November 16, 2021; and 17 c. $500,000 from the Grants Consolidated Fund in amounts previously allocated 18 in the American Rescue Plan Act appropriation of November 16, 2021 for the 19 lease or buildout of a childcare facility. 20 21 2) Receipt of the above funding shall be conditioned upon the City of Virginia Beach 22 Development Authority committing to provide the required documentation for the City to 23 comply with American Rescue Plan Act's reporting requirements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu•get and Management Services i y r y's ff CA15935 R-1 September 26, 2022 fc ls; ��y v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds to Support Overtime Costs Associated with Firefighters Enrolled in an Emergency Medical Technician to Paramedic Training Program and to Provide a Local Match MEETING DATE: October 4, 2022 • Background: In January 2022, the Fire Department applied for grant funding provided by the Department of Homeland Security's Grant Programs Directorate, FY 2021 Assistance to Firefighters Grant Program (AFG). The City was notified in September 2022 that the grant application was approved in the amount of $398,864, with a required match of$39,886. • Considerations: The Fire Department has identified the goal of having all apparatus staffed with an Advanced Life Support (ALS) provider for each of the Department's three shifts. This is linked to Goal 1 of the Fire Department's Strategic Plan: "Serve the community by providing exceptional public safety through preparedness and emergency service." Paramedics provide the highest level of care and are essential to the ability to deliver quality service to our citizens. The AFG Program funds will be used to pay overtime to 15 firefighters enrolled in an EMT to Paramedic Program. This will allow these individuals to attend class while not on shift. The program consists of 31 weeks (750 hours) of classroom instruction and 192 hours of clinical and ride-time hours. The proposed project expenses will support the successful completion of the program, allow the Department to increase its density of paramedics on all apparatus, and further the goal established in the Department's strategic plan. The required match will be funded using the Department's Fiscal Year 2022-23 General Fund Budget. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:er: V 1J2 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS TO SUPPORT OVERTIME COSTS 3 ASSOCIATED WITH FIREFIGHTERS ENROLLED IN 4 AN EMERGENCY MEDICAL TECHNICIAN TO 5 PARAMEDIC TRAINING PROGRAM AND TO 6 PROVIDE A LOCAL MATCH 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $398,864 is hereby accepted from the U. S. Department of Homeland 12 Security and appropriated, with federal revenue increased accordingly, to the FY 2022- 13 23 Operating Budget of the Virginia Beach Fire Department for overtime costs associated 14 with paramedic training. 15 16 2. A required match of $39,886 is hereby authorized from existing 17 appropriations within the FY 2022-23 Operating Budget of the Fire Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit orn y s Office CA15926 R-1 September 19, 2022 I ,,rxr-a-k-,-,1? .4 t= its � t s, Yits.........4:::? ,. .,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Virginia Beach Adult Drug Treatment Court and to Authorize a Local Match MEETING DATE: October 4, 2022 • Background: The Virginia Specialty Docket Grant is offered through the Supreme Court of Virginia, Office of the Executive Secretary. The purpose of the grant is to enhance drug court and specialty court services, to include coordination and management of drug court participants, and to provide recovery support services. On September 13, 2022, the Virginia Beach Adult Drug Treatment Court program received notification of the approved grant award of $65,000 in state funds for fiscal year 2023. Administration of this grant will be through the Office of the Commonwealth Attorney. These funds will be used to provide contracted drug and alcohol testing to expand the Court's ability to test participants weekly, to provide out-patient treatment where appropriate, and to provide in-patient treatment if needed. Additionally, the funds will be used to purchase workbooks and supplies necessary to continue providing a continuum of care for the court's participants. • Considerations: This grant requires a 25% match based upon a formula utilized by the Bureau of Justice Assistance. The in-kind match will be met through existing appropriations within the Department of Human Services. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth Attorney City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE VIRGINIA BEACH ADULT DRUG 3 TREATMENT COURT AND TO AUTHORIZE A LOCAL 4 MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, That: 8 9 1 . $65,000.00 is hereby accepted from the Office of the Executive Secretary 10 of the Supreme Court of Virginia and appropriated, with estimated revenues 11 from the Commonwealth increased accordingly, to the FY 2022-23 12 Operating Budget of the Commonwealth Attorney for the Virginia Beach 13 Adult Drug Treatment Court program; and 14 15 2. The local match of 25% will be provided by in-kind resources within the 16 Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 - Budget an Management Services C. orney s Office CA15924 R-1 September 14, 2022 ,:cri .....v. , i$ 4.-- ; CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: An Ordinance to Accept and Appropriate State Funds and to Establish Two Positions in the Department of Human Services for the Expansion of the System Transformation Excellence and Performance (STEP-VA) Program MEETING DATE: October 4, 2022 ■ Background: System Transformation Excellence and Performance (STEP-VA) is a long-term Commonwealth initiative designed to improve the community behavioral health services available to all Virginians. All forty Community Services Boards and Behavioral Health Authorities, including the Virginia Beach Department of Human Services, are required by statue to provide all STEP-VA services. The purpose of STEP-VA is to ensure the uniform availability across the Commonwealth of high quality, evidence-based, trauma-informed, culturally competent, and accessible behavioral health services that address a broad range of diagnoses and considers an individual's course of illness from childhood to adulthood. Case Management, Care Coordination, and Psychiatric Rehabilitation Services are the last three of the nine steps to be implemented. Case Management services are intended to ensure behavioral and physical health needs are routinely assessed to link appropriate services for clients and their families. Care Coordination services promote a team-based approach and coordinate care across a spectrum of health services. Psychiatric Rehabilitation provides functional, social, educational, and vocational support for clients with serious mental illness, substance use disorders, or serious emotional disturbances. • Considerations: For the expansion of the STEP-VA, the Commonwealth is providing the Department of Human Services with $289,516 to support these services in FY 2022-23 and allow the implementation of Case Management, Care Coordination, and Psychiatric Rehabilitation. The funds will cover the cost (including fringe benefits) of two Clinician II positions, computer hardware, cell phone coverage, technical assistance, employee training, and support for clients who are either uninsured or clients whose insurance does not reimburse for these traditional Medicaid-funded programs. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: fhP 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO ESTABLISH TWO POSITIONS IN THE 3 DEPARTMENT OF HUMAN SERVICES FOR THE 4 EXPANSION OF THE SYSTEM TRANSFORMATION 5 EXCELLENCE AND PERFORMANCE (STEP-VA) 6 PROGRAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1) $289,516 is hereby accepted from the Virginia Department of Behavioral 12 Health and Developmental Services and appropriated, with revenue from the 13 Commonwealth increased accordingly, to the Fiscal Year 2022-23 Operating Budget of 14 the Department of Human Services to support the expansion of services related to STEP- 15 VA. 16 17 2) 2.0 FTEs are hereby established within the Department of Human Services 18 to support the expansion of services related to STEP-VA, and the authorization for such 19 positions shall be contingent upon ongoing funding from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7Ly.)fietjM - Budget and Management Services Cit ttor e sOffice CA15929 R-1 September 19, 2022 I ,-• - ; • --e �t s t � s s� i',�Ys. s jJ �I� tatro•�,� ,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funds to Support Problem Gambling Prevention Services MEETING DATE: October 4, 2022 • Background: The Department of Human Services' Behavioral Health Wellness and Prevention Services Program provides targeted services to address problem gambling in the community. These services center around increasing awareness of the problem and providing resources to help individuals in need. The Virginia Department of Behavioral Health and Developmental Services intends to allocate this funding for the period of September 30, 2022, through September 29, 2023. • Considerations: This one-time funding of$20,000 will be used to support problem gambling prevention services. Funding will cover the cost of staff training and membership in the National Council on Problem Gambling, which is an organization that advocates to minimize gambling-related harm by reducing the personal, social, and economic costs of problem gambling, and it will support a portion of the costs related to an existing position that is dedicated to these services. • Public Information: Normal Council Agenda process. • Attachments: Ordinance, Contract Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO SUPPORT PROBLEM GAMBLING 3 PREVENTION SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $20,000 is hereby accepted from the Virginia Department of Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department 11 of Human Services to support problem gambling prevention services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7Li,A,-- U35-t-13CD Budget and Management Services i orn s Office CA15927 R-1 September 19, 2022 ,r��esu a� f0 j i1';'�i7 C'' ""Y•�e tJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,360,000 from Capital Project #100264, "Lynnhaven River Watershed Water Quality Projects II," to Capital Project #100472, "Water Quality Cost Participation Projects II" to Allow the City to Negotiate and Execute a Cost Participation Agreement MEETING DATE: October 4, 2022 • Background: The City is in the early stages of negotiating a cost participation arrangement with a private developer, Bishard Homes, to improve water quality in the Lynnhaven River watershed by installing a water quality structure within the proposed development on the corner of Millwood Road and North Great Neck Road. The City had an initial concept at this location for a water quality improvement project with funding for a proposed project using Capital Project #100264 "Lynnhaven River Watershed Water Quality Projects II". The City has an opportunity to participate with the private developer to construct an underground water quality improvement structure in lieu of the initial concept. Cost participation with the developer would allow for a faster project delivery timeline and greater removal of nutrients such as phosphorus, nitrogen, and sediment from stormwater that flows into Great Neck Lake and the Lynnhaven River. These increased nutrient removals would further advance City progress toward the reduction amounts required by the City's MS4 permit for its Total Maximum Daily Load (TMDL) in the Chesapeake Bay watershed. In addition, residents living along Great Neck Lake have observed issues with algae growth that may be attributable to high nutrient loads from upstream. A water quality improvement structure at this location would reduce nutrient loads to Great Neck Lake and could help with residents' local water quality concerns. The City has an existing Capital Project #100472, "Water Quality Cost Participation Projects II", intended for use on cost participation efforts with private entities within the City to complete water quality improvement projects. • Considerations: It is proposed to transfer $1,360,00 from Capital Project #100264 "Lynnhaven River Watershed Water Quality Projects II" to Capital Project #100472 "Water Quality Cost Participation Projects II" to allocate the funding required for the City share of cost participation funds for the potential water quality improvement structure. These funds would give the City the opportunity to participate with the private developer to construct the underground water quality improvement structure. Funds appropriated to date in Capital Project #100264 "Lynnhaven River Watershed Water Quality Projects II" are adequate to accommodate the proposed transfer. ■ Public Information: This item will be advertised as part of the normal Council agenda process. ■ Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance; Location Maps; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:/44.p 1 AN ORDINANCE TO TRANSFER $1,360,000 FROM 2 CAPITAL PROJECT #100264, "LYNNHAVEN RIVER 3 WATERSHED WATER QUALITY PROJECTS II," TO 4 CAPITAL PROJECT#100472, "WATER QUALITY COST 5 PARTICIPATION PROJECTS II" TO ALLOW THE CITY 6 TO NEGOTIATE AND EXECUTE A COST 7 PARTICIPATION AGREEMENT 8 9 WHEREAS, the City is in the early stages of negotiating a cost participation 10 agreement to provide for the installation of a water quality structure; and 11 12 WHEREAS, the transfer of funds from Capital Project #100264, "Lynnhaven River 13 Watershed Water Quality Projects II," to Capital Project #100472, "Water Quality Cost 14 Participation Projects II," is necessary for City Staff to complete the negotiation of the cost 15 participation agreement and, where such an agreement is advantageous to the City and 16 furthers identified water quality needs, to execute the agreement; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 $1,360,000 is hereby transferred from Capital Project #100264, "Lynnhaven River 22 Watershed Water Quality Projects II," to Capital Project #100472, "Water Quality Cost 23 Participation Projects II," to allow the City to negotiate and execute a cost participation 24 agreement. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci orney Office CA15934 R-1 September 22, 2022 4 -11: , 7- Iry -) , ' -.-, Alt* w-.. 1;- E ,.- l• $04 1 s t � c_-)_.e \--- /44 , -=:, '''.,, Li ' \ _,_..,-/ \ \ \ c\ * : 1 % 6'.14 %_aSITE STo ..,, 4 o . , � ch- 1 - °4%, 'i-, -- %, 4 \ \ AL: � _ -• GA PR� 40 � o 8-09-8544 F � � C` fr . 17 .10, c(/: ,' - -7 1111_,..- • # t A - _, •1 - \ . , ,�`'� ' 2408-09-8375 ..WII -44/Av.,,, 1' ic'w. : / , ,,,, 0000 s diiit ♦ � r y GREAT NECK CIRs \ 411h7 - ----)/ 1 7 ,:-> . O t J 2° yTT o r ilk 44ISI:€ u& JECT momm Feet iiii- Project SiteP . 0 100 200 400 v.%,n nn,n__:__a_,nn, r:i__‘nte,rwir,A RI 1-1,,..:11.-.__,r,___ Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100264 'Title:Lynnhaven River Watershed Water Quality Projects II 'Status:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion 'istrict:8,9 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 11,083,367 2,333,367 615,000 420,000 1,250,000 1,250,000 1,400,000 1,800,000 2,015,000 Description and Scope This project is for the implementation of water quality improvement projects and programs within the Lynnhaven River Watershed.This project will support the development and implementation of both the Chesapeake Bay Total Maximum Daily Load(TMDL)Action Plan and the Local TMDL Action Plan requirements of the Municipal Separate Storm Sewer System(MS4)permit.This permit also requires the implementation of projects to reduce pollutants from existing developed areas that are not treated by stormwater management facilities.The projects will include planning,design and construction of stormwater management facilities to improve water quality in the watershed.This project will also include the implementation of water quality improvement programs targeted within the watershed.The watershed is defined by the Virginia Department of Conservation and Recreation under the 6th level Hydrologic Unit as part of the Lower Chesapeake Bay.Private Utility Adjustments may be required to the extent funding is available.The project is currently funding the Laurel Cove Water Quality Improvement Project and the Lynnhaven Park Water Quality Improvement Project. Purpose and Need The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from its system to local waterways.The MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act.The City is required to develop and implement a local TMDL Action Plan for the impaired surface waters within the Lynnhaven River Watershed.The Lynnhaven River watershed is part of the larger Chesapeake Bay Watershed and the MS4 permit also requires the implementation of projects associated with the Chesapeake Bay TMDL Action Plan.An Action Plan describes the projects and programs that will be implemented to reduce the discharge of pollution into our surface waters. History and Current Status This project first appeared in the FY 2018-19 CIP.This is a continuation of Lynnhaven Watershed Restoration that was created in FY 2003-04.In the FY 2021-2022 CIP,the project name was revised to Lynnhaven River Watershed Water Quality Projects II. 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 P ; SMORt O■ g / / Design 07 18-06 28 1,700,000 Site Acquisition 07/18-06/28 900,000 Private Utility Adjustments 07/18-06/28 230,000 Construction 07/18-06/28 7,300,000 Contingencies 07/18-06/28 953,367 Total Budgetary Cost Estimate: 11,083,367 • 100264 Means of Financing Funding Subclass Amount Local Funding 9,068,367 Total Funding: 9,068,367 FY 2022-23 to FY 2027-28 322 Capital Improvement Program Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100472 'Title:Water Quality Cost Participation Projects II 'Status:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement 'istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 1,716,773 216,773 250,000 250,000 250,000 250,000 250,000 250,.,e Description and Scope This project is for cost participation for studies,planning,design,and construction of water quality improvement projects.The Federal and State governments offer cost participation programs for water quality improvement and restoration projects that require cost participation agreements.This project also includes cost participation with property owners for the design and construction of stormwater management facilities on private property that cost effectively reduce nitrogen,phosphorus,sediment,and bacteria from existing developed areas associated with the reductions required by the City's Municipal Separate Storm Sewer System(MS4)permit.This project also includes funding for the Virginia Beach Conservation Assistance Program implemented through the Virginia Dare Soil and Water Conservation District for non-agricultural property owners throughout the City. Purpose and Need The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from its system to local waterways.The MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act.The MS4 permit requires the implementation of projects meet required pollutant reductions.The purpose of this project is to provide a cost sharing benefit to accomplish the design and construction of stormwater management facilities within the City for pollutant reduction benefit.There is limited City property available to locate stormwater management facilities to meet the required pollutant reductions for existing developed lands. History and Current Status This project first appeared in the FY 2016-17 CIP.It is a continuation of CIP Water Quality Participation Projects.This project was previously titled Water Quality and Restoration Participation Projects II and,in FY 2019-20,the project title was revised to Water Quality Cost Participation Projects II. 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 Design 07/15-06/28 250,000 Site Acquisition 07/15-06/28 180,000 Private Utility Adjustments 07/22-06/28 20,000 Construction 07/15-06/28 1,100,000 Contingencies 07/15-06/28 166,773 Total Budgetary Cost Estimate: 1,716,773 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 1,716,773 Total Funding: 1,716,773 FY 2022-23 to FY 2027-28 335 Capital Improvement Program Disclosure Statement [Sty of Virginia Boadt : ,,,,, 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 BHC, LLC and/or assigns Does the applicant have a representative? ❑ Yes ® No • If yes,list the name of the representative Is the applicant 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) Steven W.Bishard, Manager John K. Bishard, Manager • If yes, list the businesses that have a parent-subsidiary' or affiliated business entity' relationship with the applicant (Attach a list if necessary) Bishard Development Corporation ' "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§223101 Revised 11.09.2020 1 I Disclosure Statement city qVirgivia Beach 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? ® Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Public Works Department and 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 TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ® Yes ❑ No • If yes,identify the company and individual providing the service. John Profilet,S.L. Nusbaum Realty Co. 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? El Yes El No • If yes,identify the firm and individual providing the service 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? 0 Yes E 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 0 No • if yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I P a g e Disclosure Statement 3 qf Myelin Beach Planning &Community _ Development 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 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? I Yes ❑ No • If yes,identify the firm and individual providing the service. Gaddy Engineering Services, LLC 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 ❑ No • If yes,identify the firm and individual providing the service. Harry R. Purkey,Jr.,P.C. 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 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. trAiL4A-41 Applicant Signature Steven W. Bishard, Manager Print Name and Title September 23, 2022 Date Is the applicant also the owner of the subject property? ❑ Yes II No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the application's No changes as of Date Signature Print Name Revised 11 09 2020 3 Disclosure Statement City cell**Planning&Community_- Development Continue to Next Page for Owner Disclosure Revised 11 09.2020 Wage 1 isciosure Statement PlanningZ CommU + . ;X Development Owner Disclosure Owner Name Wycliffe Presbyterian Church Applicant Name BHC, LLC Is the Owner 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) James Haynie,Trustee David Carney,Trustee • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Presbytery of Eastern Virginia 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 ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Public Works Department,Virginia Beach 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 Code§2.2-3101. Act,Va. Revised 11.09.2020 5IPage Disclosure Statement X Planning . _- • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc) or are the pro pe e ing any financing in connection with the subject of the application or any business operating or to be op ❑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 ❑ No • If yes,identify the company and individual providing the service. John Profilet,S.L.Nusbaum Realty Co 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 pi 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. BHC,LLC 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? ® Yes ❑ No • If yes,identify the company and individual providing the service. BHC,LLC 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. Revised 11.09.2020 6 ( Page Disclosure Statement city f Virginia CYJ Planning&Communit 4t r• b:t �lR:;t/ 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?■Yes ❑ No • If yes,identify the firm and individual providing legal the service. McGuire Woods,John Padgett 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. (1,(4. — 10)4 PM 1,-tV Owner Sign ture James Hay ie l v Alak4.4)•1 t o ( ((i(,SiE Print Na and Title September 23,2022 Date Revised 11.09.2020 71Page K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** 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=e5e8cd67608a9ab281 a72ea4ab8cedd35 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on October 4, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 1 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I M O O L O C N Y L O L OUWS T HCEEME S S EOE I H R YBS S ERNN CITY COUNCIL'S BRIEFINGS A. MAYOR'S TASK FORCE ON YOUTH James A.Cervera& VIOLENCE PREVENTION Michael Daniels- Co-Chairs B. VIRGINIA TASK FORCE 2 UPDATE Chief David Hutcheson (Requested By Vice Mayor Wilson) C. FLOOD PROTECTION PROGRAM Leisha Pica,Program UPDATE Manager—Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator- Public Works Il. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS III-V CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y AY Y Y A-I= SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 9-0 A Y Y Y Y Y YAY Y Y September 6,2022 B S T A N E D 2. FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y AY Y Y September 13,2022 G. MAYOR'S PRESENTATION 1. 60th ANNIVERSARY AWARDS The Honorable Leslie"Les"L.Lilley, Judge The Honorable Meyera Fran Ellenson Oberndorf Marcie Oberndorf-Kelso and Heidi Oberndorf will be accepting on her behalf II. BID OPENINGS 1. COMMUNICATION TOWER LEASE AGREEMENT ON CITY OWNED PROPERTY Telecommunications Services 2. NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 2 B E AGENDA ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I 0 C A DNC I MO 0 L O C N Y L O L 0 U W S T H C E EME S S EOE I H R YBS S ERNN I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY.- 2 SPEAKERS COMMUNICATION TOWER 10,000 square feet located off Indian River Road 2. NON-EXCLUSIVE FRANCHISE USE 2 SPEAKERS Lumos Telephone LLC K.1. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y Manager to EXECUTE a Communication CONSENT Tower Lease Agreement for City-Owned Property located off Indian River Road with Crown Castle GT Company,LLC re install, maintain, and operate facilities for providing wireless telecommunication services K.2. Ordinance to GRANT a Nonexclusive ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY ▪ Y Y Franchise Agreement to Lumos Telephone CONSENT LLC re install, operate, and maintain network facilities for telecommunication services K.3. Resolution to DECLARE the Month of ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY ▪ Y Y October as Fall Clean-Up Month(Requested CONSENT by City Council) K.4. Resolution to NAME the Stage and Paved ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY ▪ Y Y Area at the 31st Street Park as"The Nancy A. CONSENT Creech Performance Plaza at Neptune's Park"(Requested by City Council) K.5. Resolution to RECOGNIZE the first week of ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY • Y Y October as Malnutrition Awareness Week CONSENT (Requested by Council Members Berlucchi, Henley, Miles, and the Human Rights Commission) K.6. Ordinance to AMEND City Code Section 2-224.14 ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY ▪ Y Y re allow additional time for bidders to submit CONSENT project goals information K.7. Ordinance to AMEND City Code Sections ADOPTED 10-0 Y Y Y Y Y Y Y A Y • Y Y 35-158 and 35-161 re tax on transients obtaining lodging K.R. Ordinance to AMEND various Federal Grant ADOPTED,AS 10-0 Y Y Y Y Y Y YAYY Y Programs administered by the Department of AMENDED,BY Housing and Neighborhood Preservation CONSENT K.9. Resolution to ENDORSE a Family Self- ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY • Y Y Sufficiency Program Annual Plan for the CONSENT Department of Housing and Neighborhood Preservation re Housing Choice Voucher Program CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 3 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L O L OUWS T HCEEME S S EOE I H R Y B S S ERNN K.10. Ordinance to REPEAL a previous ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y appropriation of funds and to ACCEPT CONSENT twenty-four (24) automated external defibrillators from the Firehouse Subs Public Safety Foundation K.1 1. Ordinance to AUTHORIZE acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y property in fee simple,either by agreement or CONSENT condemnation re Eastern Shore Drive Drainage Improvements Section ID Lynnhaven Drive Pump Station Project, CIP 100150(formerly CIP 7-069) K.12. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y Manager to EXECUTE an Agreement with CONSENT the Association for the Preservation of Virginia Antiquities re renovations to the Cape Henry Lighthouse K.13. Ordinance to ESTABLISH Capital Project ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y #100639, "Cape Henry Lighthouse CONSENT Restoration," and to ACCEPT and APPROPRIATE funding from the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities to Capital Projects #100423,"Traffic Safety Improvements IV," and #100639 "Cape Henry Lighthouse Restoration" K.14. Resolution to REQUEST the Virginia ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y Department of Transportation (VDOT) to CONSENT ESTABLISH Capital Projects #100548, "Pungo Ferry Road Improvements" and #100602,"West Neck Creek Bridge"and to AUTHORIZE the City Manager to enter into any necessary agreements for project development K.15. Resolution to DECLARE 2016,2020,2036 ADOPTED 10-0 Y Y Y YYYY AY Y Y Princess Anne Road to be a Revitalization Area re qualify for Virginia Housing Financing K.16. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y encroachments into a portion of city owned CONSENT property known as Blue Gill Inlet a/k/a 352 Tuna Lane and a 5' drainage and utility easement, all located at the rear of 2789 Sandpiper Road re construct and maintain a walkway, wood dock, gangway, floating dock, and bulkhead with two (2) returns and maintain an existing inground pool CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 4 B AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 V1' W U R E L M R T 1 O C A D N C IMO 0 L O C N Y L 0 L 0 U W S T H C E EME S S E 0 E I H R Y B S S E R N N K.I7. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y encroachments into portions of city rights- CONSENT of-way known as 20th Street,Baltic Avenue and Arctic Avenue for the Atlantic Park development project re A) construct and maintain a concrete patio and landscaping retaining wall,concrete steps and a concrete ramp along 20th Street,B) concrete steps, concrete landscape retaining wall and patio, and concrete steps along Baltic Avenue, C) concrete 2nd story balcony along Arctic Avenue K.18. Ordinance to CARRY FORWARD and ADOPTED 8-2 Y Y Y Y Y Y N A N Y Y APPROPRIATE $7,194,674 to the FY 2022-23 Operating Budget re purposes previously approved in FY 2021-22 and to APPROPRIATE unused Debt Service to offset use of Public Facility Revenue Bonds K.19. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y APPROPRIATE$1.5-Million of Federal CONSENT Funds from the State of Good Repair/ Primary Extension Program to Capital Project#100401 re road paving projects K.20. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y APPROPRIATE$181,300 from American CONSENT Rescue Plan Act Tourism Recovery Program Grants to FY 2022-23 Convention and Visitors Bureau Operating Budget re support various conventions and events in the City K.21. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y $90,000 from American Rescue Plan Act CONSENT Tourism Recovery Program Grant to FY 2022- 23 Convention and Visitors Bureau Operating Budget re sports marketing related to the Jackelope Festival K.22. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y an additional $69,061 from the Virginia CONSENT Department of Fire Programs in Aid to Localities Grant Funding to the FY 2022-23 Fire Department Operating Budget re personal protective apparel, equipment, department training, and community outreach activities K.23. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y APPROPRIATE $59,000 from the CONSENT Virginia Department of Emergency Management to FY 2022-23 Fire Department Operating Budget re Technical Rescue and HazMat Programs CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 5 B AGENDA R }J ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E 1_ M R T 1 0 C A DNC I MOOL O C N Y L O L OUWS T HCEEMES S EOE IHR YBS S ER N N K.24. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y YAYY Y APPROPRIATE$1,136 from the Virginia CONSENT Beach Library Foundation to FY 2022-23 Public Library Operating Budget re reimbursement for furniture purchased for Bayside Area and Special Services Library K.25. Ordinance to TRANSFER$300,000 within ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y the FY 2022-23 Waste Management Fund CONSENT Operating Budget from the capital outlay accounts to the operating accounts re continue leasing waste collection trucks K.26. Ordinance to TRANSFER$217,354 from ADOPTED,BY 10-0 Y Y Y Y Y Y Y AY Y Y Capital Project#100557,"Flood Mitigation CONSENT Assistance Grant IV"to FY 2022-23 Office of Emergency Management Operating Budget re cover increased construction costs, material costs, and project administration I,.1. FRANK A. ZINGALES & JAMES T. APPROVED/ 10-0 Y Y Y YYY Y AY Y Y CROMWELL, ESQ., RECEIVER FOR CONDITIONED,BY SHORE REALTY CORPORATION, A CONSENT DEFUNCT CORPORATION for a Street Closure re portion of the unimproved lane adjacent to the rear of 200 76th Street DISTRICT 6 (Formerly District 5- Lynnhaven) 1_.2. DAM NECK ASSOCIATES,LLC for a APPROVED/ 9-1 Y Y Y Y Y Y N AY Y Y Modification of Proffers to a Conditional MODIFIED Rezoning re a multi-family development at 872 Dam Neck Road DISTRICT 5 (Formerly District 7-Princess Anne) 1..3. OCEAN CONDOMINIUM APPROVED/ 10-0 Y Y Y Y Y Y Y AY Y Y DEVELOPERS, LLC/ ORP MODIFIED,BY VENTURES, LLC for a Modification of CONSENT Conditions re two(2)duplexes at 404 34th Street DISTRICT 6 (Formerly District 6- Beach) 1..4. ATLANTIC PARK,INC.&VIRGINIA APPROVED/ 10-0 Y Y Y Y Y Y Y AY Y Y BEACH DEVELOPMENT MODIFIED AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions to Alternative Compliance re four(4)70-foot light poles and one(1)60-foot light pole within the Surf Park Facility located at the block bordered by Arctic and Baltic Avenues, 19th & 20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6 (Formerly District 6-Beach) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 6 B AGENDA H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R 1 I O C A DNC I MOOL O C N Y L O L OUWS T HCEEME S S EOE I H R YBS S ERNN L.5. ATLANTIC PARK,INC.&VIRGINIA APPROVED/ 10-0 Y Y Y Y Y Y Y AY Y Y BEACH DEVELOPMENT CONDITIONED AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY request for a Major Entertainment Venue Sign located at the block bordered by Arctic and Baltic Avenues, 19th & 20th Streets and double block bordered by Pacific and Arctic Avenues, and 18th and 20th Streets DISTRICT 6(Formerly District 6-Beach) 1..6. MIKE DAUBERT/BACK BAY FARMS. DEFERRED TO Y Y Y Y Y Y Y AY Y Y INC for a Conditional Use Permit re OCTOBER 18,2022, assembly use at 1833 Princess Anne Road BY CONSENT DISTRICT 2(Formerly District 7-Princess Anne) 1..7. AMERCO REAL ESTATE COMPANY/ APPROVED/ Y Y Y Y Y Y Y AY Y Y THOMAS BRILL IRREVOCABLE CONDITIONED,BY TRUST, HOWARD E. GORDON, CONSENT TRUSTEE for a Conditional Use Permit re a mini-warehouse, truck and trailer rentals at the Southern Corner of the Intersection of Holland Road and Stoneshore Road, West of 3427 Holland Road DISTRICT 10(Formerly District 3- Rose Hall) L.8. Ordinance to ADD Sections 250,251,252, APPROVED,BY Y Y Y Y Y Y Y AY Y Y 253,and 254 to the City Zoning Ordinance CONSENT (CZO) re lighting requirements (Sponsored by Council Member Henley) M. APPOINTMENTS RESCHEDULED B Y C O N S ENSU S 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 7 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L 0 L OUWS T HCEEME S S EOE I LIR YBS S ERNN TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD COMMUNITY ORGANIZATION Reappointed: 10-0 Y Y Y Y Y Y Y AY Y Y GRANT REVIEW AND ALLOCATION Lori Zontini- COMMITTEE 3 Year Term 11/1/2022-10/31/2025 HISTORICAL REVIEW BOARD Reappointed: 10-0 Y Y Y Y Y Y Y AY Y Y Charles Hightower- 3 Year Term 11/1/2022-10/31/2025 MINORITY BUSINESS COUNCIL Reappointed: 10-0 Y Y Y Y Y Y Y AY Y Y Damien Watson- 2 Year Term 11/1/2022-10/31/2024 OPEN SPACE ADVISORY Reappointed: 10-0 Y Y Y Y Y Y Y AY Y Y COMMITTEE Clay Bernick- Vincent Bowers- 3 Year Term 11/1/2022-10/31/2025 PUBLIC LIBRARY BOARD Appointed: 10-0 Y Y Y Y Y Y Y AY Y Y Marguerite Durand- Unexpired Term thru 8/31/2023 +4 Year Term 9/1/2023-8/31/2027 Calvern Jackson- Green- 4 Year Term 9/20/2022-8/31/2026 Alexander McDaniel- Unexpired Term thru 3/31/2025 Reappointed: Helena Gourdine- Thorpe- 1 Year Term 9/1/2022-8/31/2023 TIDEWATER COMMUNITY COLLEGE Appointed: 10-0 Y Y Y Y Y Y Y AY Y Y Wanda Cooper- Unexpired Term thru 6/30/2025 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/20/2022 PAGE: 8 B AGENDA E R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T 1 0 C A DNC I MOO L O C N Y L 0 L 0 U W S T H C E EME S S E 0 E I H R Y B S S E R N N TIDEWATER YOUTH SERVICES Appointed: 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION Alfred R.Steward,Jr.— City Employee Unexpired Term thru 6/30/2026 Gregory Smith— City Employee 4 Year Term 9/20/2022-8/31/2026 _ N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 8:32 PM