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Home My WebLink AboutJULY 9, 2019 FORMAL SESSION MINUTES Q�,c DSP 4a�6pg�,./ —: I'll E.; s Of OUR:e.. VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 9, 2019 Mayor Robert M. Dyer called to order the CITY MANAGER'S BRIEFINGS in in the City Council Conference Room, Tuesday, July 9, 2019, at 3:00 P.M Council Members Present: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M Dyer,Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None 2 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 3:01 P.M. Mayor Dyer welcomed David Trimmer, Director—Agriculture. Mr. Trimmer expressed his appreciation to City Council for their continued support: Department of NABE4 Agriculture Fs David E.Trimmer,Director ,F David City Council Presentation-July 9,2019 Growth&Sustainability of Agriculture Industry in Virginia Beach AGRICULTURE A Big Topic in a Big World July 9, 2019 3 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) The Agriculture market is up 4.5%from the previous year: 111,Growth&Sustainability of Agriculture Industry in Virginia Beach $130,130,437 2018 Virginia Beach Agriculture Impact The next two (2)slides provide an overview of Commodity Crops: Growth&Sustainability of Agriculture ifE_ e„a�. d Commodity crops in Virginia Beach r consist of corn,soybeans and wheat which makes up 22,794 acres. ' Acreage was down 1.7%in acres with A I ', total yield in bushels increasing 1.2%. so% Bushels in 2018:2,189,310 ®"ice Average price/bushel was marginally up at.5%. x ti July 9, 2019 4 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) 11 Growth&Sustainability of Agriculture I 1 Fruits,vegetables, ji* , ornamentals&pasture r '-..��'-4 e a makes up just under 4,000 s ,_ , acres of farmland. 30 plus varieties of fruits ate IMO and vegetables grown in iii Virginia Beach for local and ;PReii regional consumption. ); f 5 The Farmers Market revenue for 2018 was$3.3-Million: VIRGINIA REACH Growth&Sustainability of Agriculture FaR,n RS MARKET Operations consist of Buy Fresh Buy Local movement, City of Virginia Beach Farmers Market, Farm to Library program, numerous r i3 City and regional farm markets,ten r ‘ , strawberry pick your own operations and ,Li 46. "i other direct marketing farm to consumer 4- "I..:"programs. %{ Products range from strawberries,blueberries,tomatoes,cucumbers, - . .f squash,cantaloupe,watermelons,sweet corn,asparagus,pumpkins, , • potatoes,greens,etc. � ,.C Al 2018 Virginia Beach Farmers Market Receipts$3.3 Million - i 6 July 9, 2019 5 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) The City's Equine industry consists of nearly 3,000 horses with an annual impact of$13-Million: Growth&Sustainability of Agriculture VirginiaEquine industry consists of Beach agriculture area is home to several many private horse large nursery operations operationsboarding,training,prngng offering wholesale and education abilityribing, direct sales to consumers. ntsand the for _ residents to lease,rent or -' own horses is estimated at ''''''?—:4'` ; just under 3,000 horses. .-� The economic impact of `c ,`f + the equine industry is estimated at$13 million annually. a The next three (3)slides provide an overview of the Agriculture Reserve Program(ARP): Growth&Sustainability of Agriculture Growth and sustainability of ARP program has been the Agriculture industry can recognized by the Virginia be attributed to many factors Department of Agriculture and including the City of Virginia Consumer Services(VDACS), Beach enacting the through their Office of Agriculture Lands Farmland Preservation,as a Preservation Ordinance and valued program for preserving the Virginia Beach farmland and purchasing Agriculture Reserve Program development rights from (ARP)on May 9,1995. landowners. s July 9, 2019 6 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Growth&Sustainability of Agriculture To date,the City has utilized a total of $1.4 million in reimbursement funding from VDACS on closed properties that have enrolled in the ARF program. • The reimbursement funding has helped offset the City's initial easement acquisition expenses thus making additional funds available for future ARF' closings. Growth&Sustainability of Agriculture Pingo F��ning In addition to the City's commitment through the ARP program,the City recognizes the economic impact of the industry, as well as the impact of open green space on the environment and qualityf life. July 9, 2019 7 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Mr. Trimmer introduced the members of the City's Virginia Cooperative Extension (VCE) and turned the presentation over for each of them to provide a brief summary of their role. Karen Munden—Family and Consumer Service Agent, gave an overview of the researched based areas VCE focuses on. Regan Vaughan, 4-H student member,provided an overview of Coastal Cattle and the 4-H Program with the Show and Sale event bringing in $161,000. Roy Flannagan, Virginia Dare Soil and Water Conservation District,provided an overview of their responsibility to oversee agriculture best management practices: HELLO! :/Went 5WWe are the Virginia Beach Office of P ED Virginia Cooperative Extension : ,. 40i , , . . a •°- • k ityi,nCooprWe aEewuion 5 `s la ai v Mr. Trimmer introduced and turned the presentation over to Robert Harper, Virginia Farm Bureau Federation—Grain Division Manager: Impact of Agriculture- State, USA and Globally FARM BUREAU Robert Harper—Virginia Farm Bureau VIRGINIA Federation—Grain Division Manager- Agriculture, Development and Virginia Farm Bureau'is the largest non-profit agricultural Innovation advocacy organization in Virginia.With the support of our members,we help protect farming,agriculture,and the Virginia way of life. 12 July 9, 2019 8 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Here is the Vision of Virginia Farm Bureau: Virginia Farm Bureau vafb.com The Vision of Virginia Farm Bureau is to create and environment where agriculture can prosper in order to improve the lives of all Virginians. FRIEND :FARM Here are today's top ten (10) headlines effecting Agriculture: Dateline - 7.9.19 • U.S.Unemployment at 3.70/0 for June-near 50 year low • Corn rating at 570/o,(710/0)Beans at 570/0(75%) •Trump and Xi agree to restart trade talks at G20 • EU&Japan&India trade deals are in the works •Trump gives notice on submission of the USMCA for ratification • Ukraine and Argentina selling corn cheaper that the U.S. • US producing nearly 12 million barrels of oil per day •ASF in China's hogs can cost up to 400/c.of bean demand FR • USDA-prevent plant claims to top 1 billion on 10 million acre FARM • FOMC says potential lowering interest rate later in 2019 kS` July 9, 2019 9 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Agriculture cash prices are based on the following three parts: A Producer's Perspective •Cash Price is a function of •Futures •Basis •Freight RIND :FARM —401 .f ` �s Here is the New Crop Marketing in 2019: New Crop Marketing in 2019 • Have all bushels priced by July 10, 2020 • Estimate breakeven price/bu. • Use 5 year average on input costs and yields •Set sales targets and attach decision dates •Attach percentages to sales targets&delivery dat :- • Put in wish orders with your buyers !E July 9, 2019 10 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Here are the four(4) types of Sales Contracts to market production: Sales Contracts •Cash: futures, basis, freight •Basis: basis, freight •Futures: futures •Minimum Price: cash & options FI�EIIfl FFARM Here are the three(3)main groups of Traders that move market: 0, U.S.COMMODITY FUTURES TRADING COMMISSION Ensuring the integrity of the Futures&swaps Manan •3 main groups of Traders that move market •Commercials - mostly short(sell) •Index Funds - always long(buy) FRIEND •Managed Money - long or short July 9, 2019 11 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) The Traders Report is a weekly report released by the government indicating prices for both the "long" (increase)and "short" (decrease): Commitment of Traders Report •July 8, 2019 COT •Corn 181,648 long •Beans 36,950 short f®[D •Wheat 37,097 long !FARM x , it Here are the Fundamental Influences: Fundamental Influences •Supply •Weather •Acres •Crop Conditions •Yield •Demand •Creation or Destruction •Politics FRIENT •Competition EFARM:, July 9, 2019 12 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Here are the Outside Influences—Bull or Bear: Outside Influences — Bull or Bear •Crude Oil Futures ; •Stock Markets •Metals- Copper and Gold . •Brazilian Real •US Dollar Futures: Strength = weaker prices • 2018 Range 88 to 98MEE • Futures Index on 7/8/19 at 96.98 IFS gut a U.S Dollar Index - last 10 Years 95.000 90.000 65.000 �p INL�L\ 60 000 FARM _- _ •lI llllMMll .._? -�Oia� -2015 2016 2017 2018 201 1111111.1.5 July 9, 2019 13 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) This U.S. Value to China comparison displays the effects of the trade war with China: U.S. Value to China Value of U.S.Agricultural Products Value of U.S.Agricultural Products Exported to China in 2017 Exported to China in 2018 (Top to.mpona of U.S-OM.rs1 (maipne of U.S.(Want) jso,ewK 6+x4156 00ye00m $3,146 s..p goe..x Me...6...0 $3156 I� tP --_._. FM 00301.00.n05.000 10.. 71245 Fom 3345(5 TOA,0.0 ) 6x4550 °Y 630,Promwn(sato 0u0,0c) 6,0644 IC.00 _-__ ---- ---- 6076. kwon _ } 024 _ . M.0"k:. _6407 " po1k5 Pork PTOs` 1671 a nark,016.15. __-5503 lso- _ 6630 $677 pa•.0 Pr3565.146 5 ma.e) imo R.Jrds lmra,.60411.65...101 0426 num46 r45 Pm3W(.4RgIy 60.,.0,40) $300 6740 -0.1.15.0.. $2.639 EvmyWnp Nw _ 6240, L TOTAL 666.7N lauw TOTAL 050.10$ as • Corn Carryout indicates how many bushels of corn were not sold at the end of the year; the numbers of bushels have decreased, showing the demand of corn is high: 2018 Corn Production USDA •176.4 bu./acre average yield in US •81.7 mill. acres harvested •Total Production 14.4 bill. bu. •2018-19 Corn Carryout •2.1 bill. bu. left on Aug 31, 2019 `EFARIL July 9, 2019 14 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) USDA Corn for Grain Yield Naha •••tl• United Stales isoo D NO WO-� A AT- coo11/Ms Mae uw6•.ss • 1619 The Soybean Carryout is high, indicating a low demand: 2018 Soybean Production USDA •51.6 bu./acre average yield in US •88.1 mill. acres harvested •Total Production 4.5 bill. bu. •2018-19 Soybean Carryout FRS •1 billion bu. left on Aug 31, 2019 ;FARM ,, �� k t 8 � S* ' _ r .1 July 9, 2019 15 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) USDA Soybean Yield United States xo 5ia son. .... 450 002 -- - ar+r nn an urssasemmmsw sir sw ax MI BMW .0•011d0�....nw uo0wss un Here are the numbers of Soybeans and Corn produced in Brazil and Argentina: South American 18/19 USDA •Brazil •Soybeans - 4.2 billion bu. •Corn - 3.7 billion bu. •Argentina •Soybeans - 2.0 billion bu. FRS` •Corn - 1.8 billion bu. !FARM July 9, 2019 16 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Here is an overview of USDA Planted Acres: USDA Planted Acres - 6.28.19 •Planted Acres •Corn - 91.7 million acres (up 3%2018) •Wheat -45.6 million acres (down 2 a/o 2018) •Beans- 80.0 million acres (down 10%2018) -A FROND +ivy :FARM Here are the Current Trade Focus: Current Trade Focus • North American Acres&Yield • North American Weather •Trade Issues •China • EU/Japan/India • USMCA -A • Demand Destruction FRIEND •African Swine Fever :FARM Wenflina gElaR g •�_ July 9, 2019 17 CITY MANAGER'S BRIEFINGS ECONOMIC IMPACT OF AGRICULTURE ITEM#69419 (Continued) Robert Harper 804-290-1105 Robert.Harper(a)vafb.com FARM J BUREAU FRIEND I VIRGIP* Y S ! 8 11111111111r Any Questions? Thank you for your time. David E.Trimmer,Director,Department of Agriculture dtrimmer(a�vbgov.com 757-385-5775 u Mayor Dyer expressed his appreciation to Mr. Trimmer for the presentation. July 9, 2019 18 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 3:35 P.M. Mayor Dyer welcomed Bobby Tajan, Director—Planning and Community Development. Mr. Tajan expressed his appreciation to City Council for their continued support: Floodplain Briefing — City Council July 9, 2019 Here is the Outline for today's presentation: Outline • Review of Special Flood Hazard Areas • Floodplain Ordinance requirements • Application of Floodplain Ordinance requirements July 9, 2019 19 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) Here is an overview of Previous FIRM(Flood Insurance Rate Maps) Changes: Previous FIRM Changes • New Flood Insurance Rate Maps were effective January 16,2015 • Overall net reduction of residences in a SFHA • Base Flood Elevation's mostly decreased Study Area zoog FIS 2013 Total FIS Chesapeake Beach 2042 1984 -58 EB Elizabeth River 746 973 227 Resort Area 956 1026 70 Sandbridge 1087 935 -152 Stumpy Lake 109 46 -63 Back Bay/Pungo 549 238 -311 Other Areas 3133 3255 92 Totals 8622 8427 -195 Here is an overview of the types of Coastal Flooding Zones: Coastal Flooding ® eWAWA II Wave height 63 teat Wave height 3.0-1.5 feet Wave height <1.5 feet Urnit of BFE Flood leve Properly elevated building base inck,derg� fioodng ----- waw effects and waves 1%annual chance — stittwater elevation Sea level UnefevaNd building constructed before community entered the NF1P Shoreline Sand beach Buildings Overland Vegetated limit of SFHA wind fetch region [ 4 July 9, 2019 20 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) This graphic shows the Special Flood Hazard Areas: Special Flood Hazard Areas • Areas with a 1%annual chance of flooding • AE zones:areas with less than 3 feet of wave action r • VE zones:areas with more than 3 feet of wave action • Base Flood Elevation: modeled level of inundation during a 100-year storm event This graphic shows the flood elevation before and after encroachment: Floodway Kati M ll°aaOVin brenlrtCI.CIt db aI00d Flaatimly Staarn flood dam* climatal Ground " f ga�Baaa • S9"iCO ' War1 en°wsehar+ nil Now or tlbtsable•ncnochnw4 raWno fboattNwaonUelen grana 1444140 wi rot coma a wuargo a>Groservnant a+ that*sands pre Heated staMara IbOd<'Yir ane A-B is re moa tle.aten before onc.toxhnsent UMC-O is me float elaraton atter encroaenmenx 'Strevwge notb manna to loot Soclpro*cior en.)or WSW hsn M watin lWbelleagtlatmra- __- Nom 2.3.Typical rivenne Iloodpla,n cross section July 9, 2019 21 CITYMANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) Here is FEMA's definition of Floodway: Floodway • "The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations." • Areas determined to have minimal or no tidal influence • Typical floodways contain a flood fringe however,due to topography,no flood fringe typically exists in our flood maps • Development standards in the Floodway requires a hydraulic and hydrologic study to be performed This map depicts the Floodplains Subject to Special Restrictions shown in red: Floodplains Subject to Special Restrictions c ,. --kc\- ti. - 4 . . s ..„ , ...t '3 S 1 July 9, 2019 22 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) Floodplains Subject to Special Restrictions , . ee ,,• de --;s::1,,,,, . I ir, _ ,,....: 4 , . --.„...4 , i , . .0, .., ...„,_ . ,,,„ Here is an overview of Floodplains Subject to Special Restrictions: Floodplains Subject to Special Restrictions • Located in the Southern part of the City • Restrictions on filling in the SFHA • No new Residential Structures on lots created after October 23,2001 • On lots recorded before October 23,2001 minimal fill is allowed for: • Driveway or parking • Proper lot drainage • Foundation(recommend pile or elevated crawl) (10) July 9, 2019 23 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) Here is an overview of the Floodplain Ordinance: Floodplain Ordinance • Appendix K of City Code • • Regulates construction - 4 within the Special Flood • Hazard Area • Ordinance works in conjunction with other codes to protect -._ waterbodies and control stormwater flooding: • Chesapeake Bay Preservation Ordinance • Stormwater 4-4 Management Regulations Here are the Residential AE Zone Space Below Base Flood Elevation (DFE)requirements: AE Zone Space Below DFE • Can only be used for , parking,access,and storage • Residential Buildings with enclosures below the DFE in an AE zone must: • Use flood resistant v� _ materials � • Be properly vented €, 6 July 9, 2019 24 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) Here are the Non-Residential AE Zone Space Below Base Flood Elevation (DFE)requirements: AE Zone Space Below DFE • Non-residential buildings • First floor level must either be: • Elevated to meet the freeboard requirement or • If the building is below the WWI freeboard requirement,the • building is required to be I designed to be dry floodproofed. 1111111 • Dry floodproofing requires the building to withstand hydrodynamic and hydrostatic pressure and must designed by a licensed design professional. Here are V Zone Construction requirements: V Zone Construction • Must be on a Pile Foundation �-- ^^•—�^ • No Structural Fill • Enclosures below the DFE in r a VE zone • Can only be used for parking,access,and storage • Must use breakaway walls • Cannot be partitioned into multiple rooms or climate controlled [ July 9, 2019 25 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) This map shows an example of development within the AE Zones: Pembroke Area 3 n� S a i 41 0.2%chance " AE zone I, floodway Here is a map of the Bonney Road Property: Bonney Road Property A ,{ r _ I . _ �,, h { , e , s ,. �= y _ * AMY s. , July 9, 2019 26 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) The Bonney Road proposed site is within the AE Zone: • 0.2%Annual X Chance .J\ Bonney Road Property AE(Elevation 7)flood zone does not prohibit construction. (not within the floodway) Requires structures to be protected from potential flooding Protection from flooding is accomplished through first floor elevation,flood vents,flood barriers,and flood resistant construction Majority of proposed development site is higher than elevation 7 Buildings are not required to be elevated if location of building is above elevation 7 and it is recognized/approved by FEMA Parking areas are permitted to be in the Special Flood Hazard Area without elevation Site will be required to detain stormwater and restore CBPA buffer where there are encroachments • Development could possibly look like previous development t I$), by developer with no elevation required July 9, 2019 27 CITY MANAGER'S BRIEFINGS BUILDING IN THE FLOODPLAIN ITEM#69420 (Continued) Similar development ttTar-I 6 i -- usi1�t1II ®.._.. Questions? (20) Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation. July 9, 2019 28 CITY MANAGER'S BRIEFINGS PRESERVATION OF CONDOLENCE ITEMS AND MEMORIAL UPDATE ITEM#69421 4:15 P.M. Mayor Dyer welcomed Emily Labows, Director—Cultural Affairs and Anne Miller, Manager—History Museums. Ms. Labows expressed her appreciation to City Council for their continued support and turned the presentation over to Ms. Miller: Preservation of Condolence Items and Memorial Update CITY COUNCIL INFORMATION BRIEFING JULY 9, 2019 wf\Ari3 EMILY LABOWS & ANNE MILLER, CULTURAL AFFAIRS ettu of t Immo Demi] Cultural Affairs Here is a photo of the Memorial items placed adjacent to Building 11: In Wake of Tragedy L," I`y', ti 4,i ... Tremendous Tremendous outpouring of ` ' t) , r _ 't" support from community `+ ''� � s• Memorial items placed ' -� ,� ,A.,I R �T',-, 7 4., adjacent to Police Headquarters ..,:` " ,Iiirt� 4,4 ,. (Building 11) ,4 3 . °-� .{� '. ;; :• To start to collect and g ./ ; b-1 o ' v`; preserve many items that have It ti 1, •-• ''''•, t' been placed at the memorial 4 ,,I.. r' y, ''i }'" ,,EF ,. July 9, 2019 29 CITY MANAGER'S BRIEFINGS PRESERVATION OF CONDOLENCE ITEMS AND MEMORIAL UPDATE _ ITEM#69421 (Continued) Here is the planned Collection Process: Collection Process 4. Starting week of July 8th,Virginia Beach History Museum staff will carefully -• i + tri collect,sort,document and photograph i • ` memorial items. _, -, ilk'' .r a " �— •:• Items will be provided to the families if i — they so choose or properly stored with �I t.., the History Museum staff. 1 , r . •i Cards,letters,and memorial gifts that ifrdr: _ the City has received will be stored and it . ' m. y "'F'ia:r all will form a permanent collection. ( ' 14 t 4. Virginia Beach History Museums will '' - 4 provide perpetual stewardship of #VBSTRONG collection. Here is the Communication Plan: Communication Plan rt 4. Informing public through: gmrv, y$ ` o Signage at temporary memorial site Wgbencarodvmemorialoo�ecteaooitea:-s o Information on ,vww.loveforvb.com regular basis for Nes long-term -_ __. Preservation with the r— and social media Vrginia Beach History Museums. For more Mor=bon vslseoweforv¢can F News media interviews i, 3 Handouts for memorial visitors - mom •:• Video, photography for • \,. documentation and storytelling History Museums staff ti * �:�� °:• Surveying City employees,public on will collect on a regular 6 A potential alternate site for temporary basis any memorial memorial items that are leftJf July 9, 2019 30 CITY MANAGER'S BRIEFINGS PRESERVATION OF CONDOLENCE ITEMS AND MEMORIAL UPDATE ITEM#69421 (Continued) Here are the Points to Consider in Planning Permanent Memorial: Points to Consider in Planning Permanent Memorial • Important for community to know there is a commitment to respectfully remember the lost and wounded. • No requirement as to timing or speed in planning a permanent memorial. Solicit input and provide transparency.Accept and document suggestions and feedback. Meet with stakeholders.Create multiple opportunities for victims,victims'families and •employees to provide input. Many communities have established memorial committees with representation from stakeholders. • Talk with other communities about what was successful and what they should have done differently.Possibly visit other memorial sites. • Choose a design process that meets the community's needs.Use professionals in relevant fields,including those already on staff. Here are the Next Steps: Next Steps Beginning July 8: Collect and preserve temporary memorial items. Summer 2019: Solicit feedback through survey. Continue research on other communities' memorials and processes. Compile information from surveys. Fall 2019: Develop and propose an outline for memorial planning. #VBSTRONG Mayor Dyer expressed his appreciation to Ms. Labows and Ms. Miller for the presentation. July 9, 2019 31 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) ITEM#69422 4:39 P.M. Mayor Dyer welcomed Shannon Wichtendahl, Captain—Police. Captain Wichtendahl expressed her appreciation to City Council for their continued support: E-SCOOTERS CITY COUNCIL BRIEFING CAPT. SHANNON WICHTENDAHL JULY 9, 2019 t Here is a summary of the current problems with E-Scooters: ► Currently E-Scooters are at the oceanfront in large numbers ► Riders are operating reckless,riding double,allowing minors to ride ► E-Scooters are parked on sidewalks,in streets and blocking driveways creating hazards . E-Scooters are responsible for a number of crashes responsible for serious injuries PROBLEM July 9, 2019 32 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) ITEM#69422 (Continued) Here are the City Ordinances that are applicable to E-Scooters: s 7-6-1 Stickers required on mopeds,motorized skateboards and motorized scooters ► 7-50 Helmets required for riders of bicycles,electric personal assistive mobility devices,electric power-assisted bicycles,motorized scooters 14 years of age or younger ► 7-59 regulations pertaining to riding on City sidewalks and bicycle paths other than the resort area ► 7-59.1 regulations pertaining to riding wheeled devices or vehicles in the resort area ► 7-59.2 regulations pertaining to riding on the beach or boardwalk ► 7-59.3 regulations pertaining to riding wheeled devices or vehicles on the ra y area or bicycle path adjacent to the boardwalk and oceanfront parks and plazas CITY ORDINANCES Here is an overview of Education and Enforcement efforts: r • . Officers have been directed to educate and enforce any of the City codes that are applicable to E-Scooters ► Within a 10 day time frame officers stopped 2,000 scooter riders during the day time hours,mostly on the boardwalk and bike path . Within a 10 day time frame officers stopped 1,500 scooter riders during the night time hours,mostly on Atlantic Avenue ► Summons have been issued where non-compliance has been observedor for a crash that has occurred involving a scooter where fault can be determined EDUCATE AND ENFORCE July 9, 2019 33 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) ITEM#69422 (Continued) Here is a summary of charges: L Zone All Zones harge 225 227 324 Grand Total 74 BIKE/MOPED RACING 0 2 1 3 7.59(A)OPERATE MOPED/BIKE ON SIDEWALK 1 1 0 2 7.59,1(A)RIDE MOTORIZED VEH/BIKE/SKATEBOARD ON ATLANTIC AV 0 9 0 9 j 7.59.1(8)RIDE MOTORIZED VEH/BIKE/SKATEBOARDS ON SIDEWALKS RESORT AREA 0 1 0 1 7.59.2 RIDE MOTORIZED VEH ON THE BEACH OR BOARDWALK 0 10 0 10 Total Charges 1 23 1 25 Here is an overview of the Interim Solution: 11111.1111.1 ► Bird has voluntarily reduced speed on Bird Scooters from 17 mph to 15 mph: ► Created a Geo-Fence on the boardwalk and bike path ► Updated the current app to reflect the boardwalk is off limits as well as Atlantic Avenue ► Warning is received via text when Geo-Fence is breached ► Parking scooters at nesting sites off of Atlantic Avenue INTERIM SOLUTION July 9, 2019 34 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTERS(E-SCOOTERS) ITEM#69422 (Continued) Here are some proposed Solutions: ► Continue to seek voluntary compliance with Bird to Geo-Fence Scooters on the bike and boardwalk areas ► Further ask for a limit to the number they have currently been dropping off ► Allow on Atlantic Avenue in the shared trolley/bike lane areas only temporarily ► Seek an RFP for E Scooters to further regulate operations ► Pick up all scooters and ban them from area SOLUTIONS Mayor Dyer expressed his appreciation to Captain Wichtendahl for the presentation. July 9, 2019 35 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASKIN ROAD ANNEX ITEM#69423 5:23 P.M. Mayor Dyer welcomed David L. Hansen, City Manager. Mr. Hansen expressed his appreciation to City Council for their continued support: � N h Continuity of Operations . Interim Operations Plan16-14-g: '� 3-5 Years a % J Following the events of 31 May 2019 t' .`�' :11.114 July 9,2019 Here are the Requirements: Requirements - Public Works—25,000 SF - 121 Employees - Public Utilities-25,000 SF - 131 Employees S2 employees cannot be moved off- campus until phone system software is updated(approx.1 year). 0 £ 0 lil ` . - Immediate need is 15,3005F 5 5 E - IT-10,0005E ANIINI110 ,: , r_�, - 35 Employees AC WPM b � -}' ""- - - Requirements will occur during 111111111t-- - '• Building 2 Renovation a - Planning-20,4505E - 132 Employees __- ...... a.d July 9, 2019 36 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASKIN ROAD ANNEX ITEM#69423 (Continued) Here is an overview of Public Works Relocation: Current Public Works Relocation Building 23 • Directors Office(4) Real Estate(8) Stormwater(16), Construction Inspections(13j :. ,� � Building 21 :Anti z 4 • raft::Engineering(15) Building 8 : • • i • Coastal(4) Building 9 ,. • Transportation Engineering(35) • 14" Public Works Dam Neck Operation • SWRC(7) CADD/GIS/Service Inspectors(3) S Here is an overview of Public Utilities Relocation: Current Public Utilities Relocation Building 1 • Drectors Office(4),Line Fees(3) - Building19 N.- • Admin Finance 11 -_- -- - _==:Ec �! __ Building 23 = -- • Business Center Billings and CaIl Center 41) - �' } <10).„4.71,$) -.. ♦ ` Public Utilities Dam Neck Operation g , • Records and Rle Room(6) - - • Service Inspectors(12) ' �x • Engineering,P anning&Analysis(45) .. _:, �_ ........,.�............-..__._ :. July 9, 2019 37 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASK3N ROAD ANNEX ITEM#69423 (Continued) Here is an overview of IT Relocation: .................................................................................... .......:.... _:.•:_::::.:.!-__:ilii- .._.__.....__..._.......... ............... - viti .illi ............... ................,.:.::.u._R::.:s:::.u_.__:,__._ }i��;�i 'L�: ... :..illi'j5=:_':'_:j:i:__"_e:F_i'_:_:F_a<�____':^� f�_':C�_ef'�::�—ie-F--!,.t..�q.:,:f.:.: Current IT Relocation --- ...............:_:. .:: ...........� =. _. it Bu l l d n 2, !.!.:.}!.}}!.:.:-_-._.:.:._..... _.::_..:.:.:.:.:.:.:..:..:.:.:.:..:._. ._.:..:.:.:.:.:._..:_.:_..:_:._.-±E,;.!.::._}}}}!,t�: t:____ _ __ _,.._- g ...................�.:. : :t!!:! ;.: ;._}._t,.:,.illi-,,a.r...,.-!z-t�• - EMTGI Data.Lemten DEA'.. ........._.:-e W:____........_.u..,..,... _-;:'r.,;... - ..,..:.:._:::...._.i...:.o:._:!.r::�!t.:.:.:--'-:. :�:.:� �Et!-i6t�.':_-�:.':.!'i__�.!.!.wt:::=1.! T:.':::r:.,..!,!...............-F.-- Building -!— Building 5 :: • Business Center(10) ii Building 17 lit—__ # • if Staff(9) !7-- *5'4 =4 .v - Housing Resource Center !r" �"1.t, ° • Project Management,ABM,Info Sec(12) _Met -nr . 4801 Columbus St �° • Staff(relocated prior to 31 May 19) - °' E ti • i_.ii-liff"(!iE)i ij.ji iA(Lii't I Here is an overview of Planning Relocation: ............... .....___......._....._... .................. ............................_.. ................ .............................. ............... ............................_.. ................. Planning Relocation •. Building 19North _ ry • Permits and:nspectlo�s(28) _ 38 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASKIN ROAD ANNEX ITEM#69423 (Continued) Four(4)years is the estimated time necessary to renovate and repurpose Buildings 1 and 2: AIM 00 il A „ . 1 Why a 4 year solution? ........• .. • Scattered departments cannot operate efficiently or provide full ... level of customer service t required t . ,� • Space and work settings are '` x_tlill �` -r inadequate and will hurt • retention and recruiting - • Renovating and repurposing ' — ...„" Buildings 1 and 2 will take that long r Here is the current status of Planning Department: - . Planning Current Plan and Timeline -- . , _y 4 • Lease Suite 500 and 250 at 2875 Sabre Street "`- �. • Suite 500–20,475 SF • P• rogramming and design are complete • • 5 - •' • Site improvements arecurrenty underway - I I' •� S • Furniture and IT installation to begin on • August 1,2019 • Staff Occupancy August 15,2019 _ _ , .–n - • Suite 250-8,275 SF ': • Swing/Storage Space July 9, 2019 39 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASKIN ROAD ANNEX ITEM#69423 (Continued) ................................. ............................... Planning — Sabre Street Building 4 : )' �y - --..=--- _,-7-.......1-,-Ii-- ,11, 1 .li::.'-, 4\INIP 44.1-1'.; 'All,1'-1 L‘'-i f'''-,''- ',''' ''c'' , 1 S Here is Public Works/Public Utilities Option 1:RFI/RFB for New Leased Space: 0 „,. \ ,, .,-- -', c......._, Public Works/Public Utilities Option 1:RFI/RFB for New Leased Space s '.:.,,,,2;.--------,;.: /\ "� ..,.A;".1 =•_ ,,,.h • RFI/RFB posting 07/12/2019 ' - •• • Requirements • 50,000 SF to house Public Works and Public _ Utilities \ - • Options :;,•=-•'1 ',..'.1 • One space of 50,000 SF • Two areas of 25,000SF each July 9, 2019 40 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASKIN ROAD ANNEX ITEM#69423 (Continued) Here is Public Works/Public Utilities Option 2: VBCPS Laskin Road Annex: ": Pw' � - Public Works/Public Utilities _ T a+ ,.,,�•„ a� ` Option z:VBCPS Laskin RoadAnnex °s«< r1.% - Laskin Road Annex(former Linkhorn Park Elementary) x:i* a_z ,4 " • 55,470 SF ,t L • School Constructed 10 1955 - im • - • 10 Class room addition in 1960 • Gymnasium added in 1982 ADP, y, ''/ _ f' • Currently housing 150-200 VBCPS administration Staff This option was eliminated after discovering the spaces would not be available until the Spring of 2021: Laskin Road Annex (former Linkhorn Park Elementary) • VBCPS has completed 100% construction documents for the renovation of Plaza Annex • Current VBCPS staff at Laskin Road Annex will relocate to Plaza Annex 's-'j following the renovation. ,r,'+♦ • Renovation is expected to take 14-15 , Months N • Relocation of current staff not expected A A ? ' until Spring 2021 at the earliest -37 July 9, 2019 41 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES-LASKIN ROAD ANNEX ITEM#69423 (Continued) :..:.::=,!,• Laskin Road Annex (former Linkhorn Park Elementary) .•• • ,.:.,: „„ """"""•:•-,:------r.----:.:-..,.:,:....._:.:.:.:.:„:.::,.: ......:•:•:•.•-_-:-.:.,:•-•-•-:::,,:,„:,:m:„.„„•,,,,,,,,,,,,„„-,:,-::: • Earliest move for PW/PU Spring 2021 ,itimip4!,,, if -----,-_---------i_ <-- • Temporary Space,would not take on t ts„,:. .. ,.„,..„ . any major renovation/repair prior tomove-in .. _ . .. • Due to period of construction site has . . i a number of Asbestos Containing Miii64'.. AI_„ismMaterials ----Via' -•••••'---, a.Currently VBCPS is professionally managing the , , . . 4 ,...i li..... .,, ..,.:: ACM and there is no threat to health. _ • Abatement limits renovation and would add months to move-in timeline AffelltNi . '*,•' _.•if ""••_ — • --A ' / , ,ifil ' ' • Has a number of moisture penetration issues and aging utility infrastructure that we would need to take on and manage. IMI ii . . PW/PU — Laskin Road Annex iiiIiIitellim, ,,, ....-, -, .1;i 1,1 ' g ' .i:Iiii14:11g:111:::i114141 .lir-,- --1410w-:--- _ ..,-- ,--'•:i:111113:EttiliNglifignii:il:,,IE,.. 1:-'' 4----karAMIPT.51411' _-z.2:_ fr-.._ ..:.,.:.:......................... ' t -J ' - - LIT . ..,, .1014"-' - • -' " „_,,, ••':H:'•:e••••• July 9, 2019 42 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASKIN ROAD ANNEX ITEM#69423 (Continued) Here is IT Option 1:RFI/RFB for New Leased Space: IT • N � Option i:RFI/RFB for New Leased Space n • RFI/RFB posting July 2020 • Requirements r - • 10,000 SF to House Information Technology Here is IT Option 2:Acquisition of Columbus Building 7: x 4 ''` IT Option 2:Acquisition of Columbus Building 7 •r r d 4801 Columbus Street s • : 52 ,351 SF(IT currently relocated in 26,175 SF) J I_ r - . [_ • Assessed Value$2,981,100 Last Sold for$3,100,00(1989) • y.x ,.;< ,3,y,*. '1 '� • • Estimated Sale Price$3.1-3.7M July 9, 2019 43 CITY MANAGER'S BRIEFINGS RELOCATION OF PUBLIC WORKS& PUBLIC UTILITIES—LASKIN ROAD ANNEX ITEM#69423 (Continued) Here is an overview of the Cost for Interim Solutions: Cost for Interim Solutions Current estimate approx.$9.9M Continuity of Operations Placement of 383 Employees in 28 Locations 19 $ 1,116,000 Remediation of B-2 19-20$ 500,000 X 4801 Columbus Build-out Enhancements-IT 19-20$ 144,000 2875 Sabre Street Lease-Planning 19-20$ 883,000 20-23 $ 1,229,000 Public Utilities Leased Trailers X Public Utilities Shed#1338 Wall 20 $ 100,000 Public Utilities Intermediate Lease(25,000 SF) 20 $ 1,061,000 20-23 $ 1,900,000 Public Works Intermediate Lease(25,000 SF) 20 $ 1,061,000 20-23$ 1,900,000 $ 4,865,000 $ 5,029,000 III I Discussion A 'E3fi r orlq Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. July 9, 2019 44 CITY COUNCIL COMMENTS ITEM#69424 Due to time constraints there were no City Council Comments July 9, 2019 45 AGENDA REVIEW SESSION ITEM#69425 5:33 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to ESTABLISH CIP #3-174 "Operations Facilities Renovations" and APPROPRIATE $982,121 from the General Fund Balance and TRANSFER $3,017,879 from existing CIP projects re consolidate Municipal Center Facility Planning 2. Ordinance to AMEND City Code Section 7-59.1 re riding wheeled devices or vehicles in the Resort Area 3. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY2020 4. Ordinance to ACCEPT and APPROPRIATE $916,066 from the State to the FY 2019-20 Department of Human Services Operating Budget and AUTHORIZE twelve (12) new positions re Jail and Re-Entry Services Coordination Pathway ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY July 9, 2019 46 AGENDA REVIEW SESSION ITEM#69425 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. H & S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6—BEACH (Deferred from August 7, 2018) ITEM#1 WILL BE CONSIDERED SEPARATELY July 9, 2019 47 ITEM#69426 Mayor Robert M Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • City of Virginia Beach vs. Witchduck One&Associates LLC PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Council Appointee Evaluations July 9, 2019 48 ITEM#69426 (Continued) Upon motion by Council Member Moss, seconded by Council Member Wooten, City Council voted to proceed into CLOSED SESSION at 5:35 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M Dyer, Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Closed Session 5:35P.M. —5:59 P.M. July 9, 2019 49 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULY 9,2019 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 9, 2019, at 6:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Pastor Robb Esperat Virginia Beach Community Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna"), who's Oceanfront Office is located at 303 34`'Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest, "as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. July 9, 2019 50 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to idents any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is hereby made a part of the record. July 9, 2019 51 ITEM— V-E CERTIFICATION ITEM#69427 Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 9, 2019 �G i } 0 J°F OUR N'�� 4S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#69426 Page 48 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I./'ill I ;psi/Ida Barnes, MMC ity Clerk July 9, 2019 52 ITEM-V.F MINUTES ITEM#69428 Upon motion by Council Member Wilson,seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of July 2,2019 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None July 9, 2019 53 ITEM— V.G MAYOR'S PRESENTATION ITEM#69429 VBSTRONG CHARITY CAR SHOW Andrew Houston, Chris Jones,Mark Evans and John Herbert Andrew Houston presented City Council with the banner from the VBSTRONG Charity Car Show and Memorial event held on June 23, 2019, at Landstown Commons. This event raised$28,000 for the victims and families from the May 3?'tragedy. Mayor Dyer expressed his appreciation advising this is another sterling example of a community coming together and showing their overwhelming and heartwarming support. On behalf of a grateful Council and Community, thank you and God bless you for what you have done and will continue to do. July 9, 2019 54 ITEM— V.1.1 ORDINANCES/RESOLUTIONS ITEM#69430 The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to ESTABLISH CIP #3-174 "Operations Facilities Renovations" and APPROPRIATE $982,121 from the General Fund Balance and TRANSFER $3,017,879 from existing CIP projects re consolidate Municipal Center Facility Planning Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 9, 2019 1 AN ORDINANCE TO CONSOLIDATE MUNICIPAL CENTER 2 FACILITY PLANNING BY ESTABLISHING CIP #3-174, 3 "OPERATIONS FACILITIES RENOVATIONS," 4 APPROPRIATING FUND BALANCE, AND TRANSFERRING 5 FUNDS 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 THAT: 9 10 1. Capital Improvement Project (CIP) #3-174 "Operations Facilities Renovations" is 11 hereby established in the FY 2019-20 Capital Improvement Program with a project 12 detail set forth in the attached, Exhibit A. 13 14 2. $982,121 in General Fund Fund Balance is hereby appropriated to CIP #3-174. 15 16 3. $3,017,879 is hereby transferred to CIP #3-174 from the following sources: 17 a. $800,000 from CIP #3-160, "Building 1 Renovations;" 18 b. $2,063,346 from CIP #3-025, "Building 2 Electrical Upgrades;" and 19 c. $154,533 from CIP #3-157, "Facilities Planning." 20 21 4. That Projects # 3-025 "Building 2 Electrical Upgrades," # 3-160 "Building 1 22 Renovations", and #3-512 "Public Safety Building Renovations" are hereby 23 eliminated in the FY 2019-20 CIP. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Attf :udget and anagement Services ' • o ey's OfFice CA14789 R-1 June 26, 2019 Exhibit A City of Virginia Beach FY 2020 thru FY 2025 Capital Improvement Program Project: 3174000 Title:Operations Facilities Renovations Status:Proposed Category: Buildings and Assets Departmen Public Works Ranking:1 Project Type Project Location Project Type: Renovations of Existing Facilities District:Princess Anne Programmed Funding Programmed Appropriated Appropriated Non-Appropriated Programmed CIP Funding Funding To Date FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Future Funding 7,000,000 3,200,000 800,000 2,000,000 0 1,000,000 0 0 76,000,000 Description and Scope This project is for the renovation and repurposing of the 95,207 GSF Operations,Building(2),the 80,000 GSF Former City Hall, Building(1)and the 57,588 GSF Public Safety Building,Building(11)at the Municipal Center. This project will demolish the interiors of all three buildings,opening up the interiors to provide modern,new interior spaces for the Virginia Beach Police Departments First Precinct and Police Administration and the Departments of Public Works,Public Utilities,Planning and Information Technology. Purpose and Need Building(1)was constructed in 1969 and Buildings(2)and(11)were constructed in 1979. B-1 contains extensive Asbestos Containing Materials(ACM)in mudded pipe fittings,duct vibration cloth,duct work joint mastic,floor tile and fireproofing of the floor decking. All three buildings have antiquated electrical,mechanical and plumbings systems and required extensive renovations. The interior layouts of all three buildings to not meet requirements. Renovations of B-1 and B-11 were being planned usin:CIP 3-160 and CIP 3-512. History and Current Status CIP 3-174 is being newly created and will be replacing CIP 3-160,Building 1 Renovations,CIP 3-512,Public Safety(B-11)Building Renovations and CIP 3-025, Building 2 Electrical Upgrade. On May 31,2019,a mass shooting occurred in B-2 which resulted in the deaths of 12 City employees and 1 private contractor project manager.There was extensive damage to the interiors of the second and third floors. City leadership has decided not to move the impacted departments(Public Works,Public Utilities,Planning and IT)back into the building. Renovating and repurposing B-2 will enable it to be the new Public Safety Building. Buildings 1 and 11 will be renovated and repurposed to be the new home of Public Works,Public Utilities,Planning and Information Technology. Operating Budget Impacts Annual operations and maintenance expenses for these three buildings will be$1,776,000/year. Project Map Schedule of Activities zc T.41,411.- rr Project Activities From-To Amount 3. -g Design 07/19-06/20 4,000,000 ' "' 9- 4 Construction 07/20-07/23 54,000,000 ,r ^ , '. . . Furniture and Fixtures 09/21-09/23 12,000,000 *., t�* .. #,:•' '- f e ,;• . pl'� 4,..4,,,-- Contingencies 11/13-10/21 13,000,000 Y tii .dye v * fi -J F.- ',-�/ -d 004* { • ~'S ';' , „. . •r` 's 4'Y• , h Total Budgetary Cost Estimate: 83,000,000 Of e s,t r ,u r 'N •" - -LIN.. t t „,,47.-4,.-24-,tMeans of Financing ,.„ >-' L'.:- ' ' e ry, • ,” " Funding Subclass Amount i., .. ?,. c e>a. .-, :•1 a Local Funding 83,000,000 �' * Total Funding: 83,000,000 GovMax 1 6/26/2019 55 ITEM— V.I.2 ORDINANCES/RESOLUTIONS ITEM#69431 The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Reid Teschner, 400 Army Navy Drive, Arlington, VA, Phone: 703-593-5530, spoke in SUPPORT Upon motion by Council Member Tower, seconded by Council Member Moss, City Council ADOPTED, AS REVISED,Ordinance to AMEND City Code 7-59.1 re riding wheeled devices or vehicles in the Resort Area Voting: 10-1 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower, Rosemary Wilson, and Sabrina D. Wooten Council Members Voting Nay: Vice Mayor James L. Wood Council Members Absent: None July 9, 2019 REVISED VERSION WITH SUNSET CLAUSE 1 AN ORDINANCE TO AMEND SECTION 7-59.1 OF 2 THE CITY CODE PERTAINING TO RIDING 3 WHEELED DEVICES OR VEHICLES IN THE 4 RESORT AREA 5 6 SECTION AMENDED: § 7-59.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 7-59.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 7-59.1. - Regulations pertaining to riding wheeled devices or vehicles in the 15 resort area. 16 (a) During the resort season, it shall be unlawful for any person to ride an electric 17 personal assistive mobility device, electric power-assisted bicycle, moped, 18 motorized skateboard or motorized scooter on Atlantic Avenue. 19 (b) Notwithstanding the prior subsection, motorized scooters may be operated on the 20 trolley lanes of Atlantic Avenue. 21 (bc) It shall be unlawful at any time for any person to ride on any sidewalk in the resort 22 area an all-terrain vehicle, a bicycle, electric power-assisted bicycle, electric 23 personal assistive mobility device, motorized skateboard, motorized scooter, 24 skateboard, scooter, or any pedal-powered vehicle that is muscle-powered or any 25 muscle-powered device. However, the use of roller blades and roller skates is 26 permitted. A violation of this sub-section shall be punished by a civil penalty of not 27 more than fifty dollars ($50.00). 28 (ed) It shall be unlawful at any time to operate an electric powered utility cart on Atlantic 29 Avenue or upon the sidewalks along Atlantic Avenue. An electric powered utility cart 30 may be operated on any sidewalk in the resort area other than Atlantic Avenue and 31 may cross Atlantic Avenue for the purpose of accessing the boardwalk or beach. 32 33 BE IT FURTHER ORDAINED BY THE CITY COUNCIL: 34 35 That the amendments made by this ordinance shall automatically sunset and 36 expire on January 9, 2020, which is six months from the date of adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of July , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA14792 R-2 July 9, 2019 56 ITEM— VI.3 ORDINANCES/RESOLUTIONS ITEM#69432 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION John Kuchta, 1132 Little Neck Road, Phone: 468-9020, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY 2020 Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None July 9, 2019 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2020 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2020. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2020, a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of July , 2019. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney Mark D. Stiles CA14790 R-1 June 27, 2019 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2020 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law,including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffmg. The Office of the City Attorney will provide the following staffing during FY 2020 to serve as in house counsel under this Agreement. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor, Associate City Attorney, and Matthew R. Simmons, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one paralegal, Anna Cleveland, and one office assistant, to be hired after July 1, 2019, on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The City Attorney will be provide legal assistance from the other attorneys and staff members in the Office based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $633,026.53 from its FY 2020 Operating Budget to the FY 2020 Operating Budget of the Office of the City Attorney to fund the annual salaries,benefits,organizational dues, and certain administrative costs of attorneys and staff members assigned to handle matters under this Agreement. IDT requests of 50% of the total shall be made by the City and funds transferred by the School Board on or about September first and February first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2019 and ends June 30, 2020, and may be revised, as necessary, and renewed each fiscal year thereafter;provided, however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty(120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: \ .O4fee,1. &P4&D Bev O y M. Anderson, Chairwoman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on "June. ZS , 2019. By: 6- or.,te Vt_ School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: Robert Dyer, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2019. By: City Clerk EXHIBIT A SCHOOL FUNDING FY 2019/2020 SALARY& BENEFITS Account Full Attorney Account Description Funding 601111 Salaries-Deputy Atty $ 153,910.01 Salaries-Associate Atty $ 94,929.74 Salaries-Associate Atty $ 88,172.88 Salaries-Half HR Atty $ 61,162.00 Salaries-Paralegal $ 50,496.36 Salaries-Office Assistant $ 28,334.37 Total Salaries $ 477,005.36 602101 FICA -Deputy Atty $ 8,184.00 FICA-Associate Atty $ 5,714.22 FICA-Associate Atty $ 5,466.72 FICA-Half HR Atty $ 1,896.00 FICA-Paralegal $ 3,130.77 FICA-Office Assistant $ 1,756.73 Total FICA $ 26,148.44 602104 Medicare(No Max)- Deputy Atty $ 2,231.70 Medicare(No Max)-Associate Atty r $ 1,336.39 Medicare(No Max)-Associate Atty $ 1,278.51 Medicare(No Max)-Half HR Atty $ 443.50 Medicare(No Max)-Paralegal $ 732.20 Medicare(No Max)-Office Assistant $ 410.85 Total Medicare $ 6,433.15 602201 Retirement- Deputy Atty $ 28,242.49 Retirement-Associate Atty $ 15,068.94 Retirement-Associate Atty $ 14,416.27 Retirement-Half HR Attorney $ 4,446.50 Retirement-Paralegal $ 9,266.08 Retirement-Office Assistant $ 4,632.67 Total Retirement $ 76,072.95 602301 Health&Dental- Deputy Atty $ 6,521.00 Health&Dental-Associate Atty $ 6,521.00 Health&Dental-Associate Atty $ 6,521.00 Health&Dental-Half HR Attorney $ 3,260.50 Health&Dental-Paralegal $ 6,521.00 Health&Dental-Office Assistant $ 6,521.00 Total Health&Dental $ 35,865.50 602302 Life Insurance- Deputy Atty $ 2,031.61 Life Insurance-Associate Atty $ 1,216.58 Life Insurance-Associate Atty $ 1,163.88 Life Insurance-Half HR Attorney $ 403.50 Life Insurance-Paralegal $ 666.55 Life Insurance-Office Assistant $ 374.01 Total Life Insurance $ 5,856.13 TOTAL SALARY&BENEFITS $ 627,381.53 See Page 2 EXHIBIT A SCHOOL FUNDING FY 2019/2020 CITY ATTORNEY ADMINISTRATIVE COSTS Account# Account Description Full Funding 650204 Dues&Association Membership Total Dues&Association Fees $ 1,645.00 660201 Office Supplies $ 4,000.00 TOTAL AD U1 STRATIVE COSTS $ 5,645.00 TOTAL SCHOOL FUNDING NEEDED $ 633,026.53 FULL ATTORNEY $ 633,026.53 Hours of Legal Services 5,775.00 Average Cost per Hour $ 109.61 57 ITEM— V.I.4 ORDINANCES/RESOLUTIONS ITEM#69433 The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE$916,066 from the State to the FY 2019-20 Department of Human Services Operating Budget and AUTHORIZE twelve (12) new positions re Jail and Re-Entry Services Coordination Pathway Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 9, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE JAIL AND RE-ENTRY SERVICE 3 COORDINATION PATHWAY AND TO AUTHORIZE 4 TWELVE NEW POSITIONS IN THE DEPARTMENT OF 5 HUMAN SERVICES 6 7 WHEREAS, Item 395(L) of Chapter 854 of the 2019 Virginia Acts of Assembly 8 appropriated $916,066 in the second year of the State's 2018-2020 Biennium for the 9 Virginia Beach Correctional Center for the Jail and Re-Entry Service Coordination 10 Pathway; 11 12 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA THAT: 14 15 1) $916,066 in revenue from the Commonwealth is hereby accepted, with estimated 16 revenues increased accordingly, and appropriated to the FY 2019-20 Operating 17 Budget of the Virginia Beach Department of Human Services. These funds are to 18 establish the Jail and Re-Entry Service Coordination Pathway. 19 20 2) 12 FTEs are hereby authorized for the Department of Human Services to carry out 21 the functions of the Jail and Re-Entry Service Coordination Pathway. Funds 22 appropriated to the FY 2019-20 Operating Budget of the Department of Human 23 Services in section 1, supra, are to fund the FY 2019-20 costs of these positions. 24 25 3) Positions funded with this revenue from the Commonwealth in FY 2019-20 are not 26 guaranteed to be maintained in future years by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of July 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Budget & Management Services -City Attorney's Office CA14784 R-1 June 25, 2019 458 Item Details($) Appropriations($) ITEM 395. First Year Second Year First Year Second Year FY2019 FY2020 FY2019 FY2020 J.l.Included in the appropriation for this item is$2,500,000 the first year and$2,500,000 the second year from the general fund to continue the pilot programs authorized in Item 398, Chapter 836,2017 Acts of Assembly. The number of pilot sites shall not be expanded beyond those participating in the pilot program the first year. 2. The funding provided to each pilot site shall supplement, not supplant, existing local spending on these services.Distribution of grant amounts shall be made quarterly pursuant to the conditions of paragraph J.3.of this item. 3. The Department shall collect on a quarterly basis qualitative and quantitative data of pilot site performance, to include: (i) mental health screenings and assessments provided to inmates, (ii)mental health treatment plans and services provided to inmates, (iii)jail safety incidents involving inmates and jail staff, (iv)the provision of appropriate services after release,(v)the number of inmates re-arrested or re-incarcerated within 90 days after release following a positive identification for mental health disorders in jail or the receipt of mental health treatment within the facility. The Department shall provide a report on its findings to the Chairmen of the House Appropriations and Senate Finance Committees no later than October 15th each year. 4. The Department of Criminal Justice Services,in cooperation with the Executive Secretary of the Compensation Board and the Board of Corrections, shall evaluate the resources needed by local and regional jails to comply with the minimum standards of behavioral health services to be established by the Board of Corrections pursuant to House Bill 1942 of the 2019 Session of the General Assembly. The evaluation shall include consideration of the appropriate share of resources for minimum standards of care to be provided by the Commonwealth and local governments, respectively. The evaluation shall also consider the appropriate mechanism by which any such Commonwealth funds be provided. The Department shall report the findings of its evaluation to the Chairmen of the House Appropriations and Senate Finance Committees by June 30, 2020. K.Included in the appropriations for this Item is$100,000 each year from the general fund for the Department of Criminal Justice Services to make competitive grants to nonprofit organizations to support services for law enforcement, including post critical incident seminars and peer-supported critical incident stress management programs to promote officer safety and wellness,under guidelines to be established by the Department.The Department shall evaluate the effectiveness of the program and report on its findings to the Secretary of Public Safety and Homeland Security, the Director of the Department of Planning and Budget,and the Chairmen of the House Appropriations and Senate Finance Committees by July 1,2020. L.Included in the appropriation for this item is$916,066 in the second year from the general fund for the Virginia Beach Correctional Center for the Jail and Re-entry Service Coordination Pathway, which is a joint operation between the Virginia Beach Department of Human Services and the Virginia Beach Sheriffs Office. The program consists of diversion, screening, assessment, treatment,and re-entry services for all incarcerated individuals with an active mental illness or substance use disorder diagnosis. 396. Regulation of Professions and Occupations(56000) $3,319,556 $3,319,556 Towing Licensing Oversight Services(56035) $573,743 $573,743 Licensure, Certification, and Registration of Professions and Occupations(56046) $1,329,160 $1,329,160 Enforcement of Licensing,Regulating and Certifying Professions and Occupations(56047) $1,416,653 $1,416,653 Fund Sources:Special $3,319,556 $3,319,556 Authority:Title 9.1,Chapter 1,Article 4,§§9.1-141,9.1-139,9.1-143,and 9.1-149,Code of Virginia. 397. Financial Assistance to Localities-General(72800) $184,548,683 $191,746,081 Financial Assistance to Localities Operating Police Departments(72813) $184,548,683 $191,746,081 Fund Sources:General $184,548,683 $191,746,081 58 ITEM—V-11 PLANNING ITEM#69434 The following registered to speak: C.E. Forehand,Applicant, 214 Sir Oliver Lane, Phone: 650-1673, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council,APPROVED, AS CONDITIONED, Application of H& S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6—BEACH(Deferred from August 7, 2018) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA H & S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road (Deferred from August 7, 2018) (GPIN 2415894392)DISTRICT 6—BEACH The following conditions shall be required: 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "Columbian Club 1236 Prosperity Road Virginia Beach, VA 23451,"prepared by Allpro Consulting Group, Inc., and dated May 1, 2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. The maximum height of the tower shall be 138 feet, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard(DNH) to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation Office(FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of July Two Thousand Nineteen. July 9, 2019 59 ITEM—V-J.1 PLANNING ITEM#69434 (Continued) Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 9, 2019 W z '4 / Nio N Tim a� u" o0 , tb CN ♦ Q 0 0 0 N O Cill J • • 4\\\ Cry mt3Q 111P4OtQ , 0 >, t `\ III %.i.\\\.\\ ' a ° •c`u App \ 411111 > to El. Q CSI > pa /`*� I ."s‘ b 4* /, , 't'.-: 4 IX 4 - a) fllop *2 i111L N c m \ rn Er) a 0 fij .c - LE,t (n _1 N CL CO \ \ \ 60 ITEM V-K. APPOINTMENTS ITEM#69435 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION July 9, 2019 61 ITEM V-K. APPOINTMENTS ITEM#69436 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JAMES RAYNOR Three year term 7/9/19- 6/30/22 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 9, 2019 62 ITEM V-K. APPOINTMENTS ITEM#69437 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: NNEKA CHIAZOR Four year term 9/1/19—8/31/23 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M Dyer, Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 9, 2019 63 ADJOURNMENT ITEM#69438 Mayor Robert M.Dyer DECLARED the City Council Meeting ADJOURNED at 6:40 P.M. ( '):7. Terr . _ Chief Deputy Ci Clerk 1 anda Ba 'es,'MMC Robert M Dyer City Clerk Mayor City of Virginia Beach Virginia July 9, 2019