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HomeMy WebLinkAboutAUGUST 18, 2020 SPECIAL SESSION MINUTES ZOga(�.8,. G be 9'�s`tee : .3a4. e�i °` oua n�t��ee� a.„ VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 18, 2020 Mayor Dyer called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Tuesday, August 18, 2020, 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 CALL TO ORDER ITEM#70613 Mayor Dyer read the Mayor's Call for the SPECIAL MEETING: August 13, 2020 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,August 18, 2020 3:00 P.M. Virginia Beach Convention Center 100019`h Street The purpose of this SPECIAL MEETING is for the City Council to convene into a Closed Session from 3:00 p.m. —4:00 p.m. At the conclusion of the Closed Session, City Council will reconvene and cert(the Closed Session, and then proceed with the regularly scheduled City Council and City Manager briefings, liaison reports, City Council comments, and agenda review, at the Virginia Beach Convention Center. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office August 18, 2020 3 ITEM#70614 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. • Donald Benton v. City of Virginia Beach and William Bauer PERSONNEL MATTERS:Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees August 18, 2020 4 ITEM#70614 (Continued) Upon motion Vice Mayor Wood, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 3:03 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 3:03 P.M. —3:55 P.M. August 18, 2020 5 CERTIFICATION ITEM#70615 Mayor Dyer RECONVENED the Special Session at 4:08 P.M in the Virginia Beach Convention Center. Upon motion by Council Member Moss, seconded by Council Member Abbott, 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 August 18, 2020 �9pfJ OrRi RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#70614 Page 4 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. ands a es, C City Clerk August 18, 2020 6 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 4:10 P.M. Mayor Dyer welcomed BJ Baumann, Chair—Resort Advisory Commission. Ms. Baumann expressed her appreciation to City Council for their continued support: Virginia Beach, Virginia VIRGINIA Renowned for decades as the IS FOR &WI LO ERS Best Family Beach in America 1927-2020 44111 { '0 ` - 5 \ . OW!.„-.'- '- ---- - z .4'.--- OCI - '15,-- C - ' &-."` l' " . -, ' 1 t ih III !I' ...Li; • —1M . . _ The next few slides provide the top three(3)priorities for attracting tourism at the Oceanfront: Our Beach Must Remain Our#1 Priority --„` -'.i`S"2-•,.''. It d�1 ^�• < -" •1I`•41t- 'v'• — wti�. rfj rt : =a ,_ • i •• " �, y--tom• 8 tt .1. '-'*-i - ` lir� � • ."` /l_ -iii �,�,,,: ft_ � . v. t — �/ • flirt, t .-a. + • =le i tit Clean,Safe, and Wide August 18, 2020 7 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) #2 Priority Must maintain a World Class Boardwalk - - DIPLOMAT r,-1..:. 1 0-,a _ ,,,,,, \-4- ; t , ..,,,, . I iiiitr of " '4=-1..,-,-___.. 10,- - ... -- - •- 4 1 ' rzy is_s , - :4 . ,,,, ,,, • , „... „ ,-. ,..... I It!, 4 1 _ u _ . „.... 1 t.1_ V`ziaa . • ?: • •- _ N. , 4 Clean,Well Maintained,Welcoming and Safe #3 Priority --------L— ' ''' '- , 5-LAIkS . lrliSTEF, iliLS " -----'-- Yfff- i t - ---•W !1_I I r rr " _ """--- Reorsurintirayni ""!.1 _c- .i.--- ja truaisigi r — 11 Ix f ,.. 1 • --41 - ) , 1 _,,, , • i I' ii., rt _4f* a 1 r—P.1,4.1 i -- `1...1--- - Our Front Door—Atlantic Avenue-Must be clean&safe August 18, 2020 8 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) #1 Priority—Our Beach Maintain the Best Beach on the East Coast Ili' ,7. �� -,4�+4 r '� .. II • 11 I !, ,, it - 4, . nr wows r Operation "Big Beach" 41 . �.+ '� _ .. ` .ter.--'..� _ ;_,, ydi1 -�...d 7T , Our Successful Re-nourishment Program August 18, 2020 9 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) #2 Priority—The Boardwalk r ,,,,7 . '.'.t-'4..), _*; • .' `'C` ftt - �; . .T./ ****: Alotitlitii+*ttin "9Z. The next several slides provide images of the Boardwalk Revitalization and Atlantic Avenue Beautification projects: Hugely Successful Boardwalk Revitalization 1995 0111*. c T t T 44 t OP 4.4 __. le 1 _ Widened boardwalk, added bike path,granted cafe permits,enhanced green belt, dedicated Resort maintenance personnel August 18, 2020 10 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) X gr"A 1 T 1 111 • -_ �� fir. ,. 1 „� a, " Alii AA August 18, 2020 11 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) #3 Priority Atlantic Avenue Beautification 1990 _..4tot ,--rigc. ■!i 11 i New sign ordinance,widened sidewalks,buried utilities,decorative streetlights,connector parks,Resort Programs Office,entertainment funding,open space,boardwalk parks A 'i1 IL . 0- Nil WIN II MIN Nt tobv_ --.- - August 18, 2020 12 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) 401L41: ,,k, i 1`tea 1 lailiWpw f i -, ,f T,fir" � CA, ,flt Revitalization and Investment in the Resort "Pays Off" . v , .'� - , ter" „ ir,f 1Q, s _� ,, - 4 , -.4. ) ' _ ` T, c 1 -jam` ; - 44. veer s0 -� '\ - 1/ ',"', ,t ,i,',,' 'L-\ ,i,,',0,- '''e \ \ \ ,.i A 1 \\ \. //, \\,,,.\,\ , \ I ` \ August 18, 2020 13 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) `T:. r i 1 a 48 i t # u ;4 - . 1 . T`., • a RfiiiiirSal s - -O _ • . • . p, . r _ —'_"'. r R r. Imp,. cF`' . t sir .f ..mop .� -7 - A''r u . t August 18, 2020 14 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) Top 10 Best Boardwalks in America 4. !Illp R I; i • i r 1 Aye; 1 I 406Stik N. i�► -, 1 August 18, 2020 15 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) This graphic provides the growth of Hotel Revenues$145 to $265-Million between 2000—2020: The investment in tourism pays off Hotel Revenues$145m to$265m tel Pevenue • w.•mi.ee.�s,oee.ntrom 1z3av� • 7M•not •....... Ilwass toe A growing and expanding tourism market while experiencing a national crisis and economic downturns Here are the key areas RAC identified as the cause for the decline in the Resort District: We have lost all pride in our Resort district • Substantially reduced city services • Lack of zoning enforcement • Unable to maintain pedestrian flow on Resort sidewalks • Our parks were filled with residents and guests;today they are empty • Families covered Atlantic Avenue each evening for entertainment- Magic shows, movies,street performers,etc.These programs have become a low priority and underfunded,even though the program funding is available through dedicated tax. August 18, 2020 16 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) The next several slides provide images and examples of the Resort District: Over the past 5 years,the resort district has largely been neglected __ . - 1.0 it Reduced cleaning,limited entertainment, constant behavioral issues,detrimental impact to businesses Insufficient City Services , ., r'E_ s I µ_1�` August 18, 2020 17 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) Past Resort Programs Office a liorJ-r , \ � L. a Y Maintained an office which was staffed with zoning enforcement,budget personnel,and a dedicated project&maintenance team. This team's mission was to ensure the Resort vision and priorities were executed and accounted for. Lack of attention I Deferred maintenance Business neglect I No zoning enforcement And Little Resort Advocacy } -. - S 3g 801 1J.'J n1F'M1g & August 18, 2020 18 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) ,tL,`r` `� ,� ham. { No Zoning Enforcement = • j' • Illegal signs on every block(sign ordinances s' '~ - need to be strengthened) ;E ( •_. R • Merchandising on public property • Profanity on sidewalk,on merchandise,etc. August 18, 2020 19 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) While we were asleep at the wheel, The problems grew! But these are not new issues to the Resort Area. As a result of the lack of involvement of private and public leadership,issues of the past have slowly crept back into our Resort front door • , - 0 ke.,0 /A" - I i . ii — ; ■ rra;r -111111"VIMPF August 18, 2020 20 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE . ITEM#70616 (Continued) Inp • I ,' • SALE PP" .1.r i i NI itii.iik.,.....;,iiilli t ; . ;. Li 1 1 '. ri rrmar t August 18, 2020 21 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) ' TT7 1 • 4 c‘it Adi • f � I outs • •4iM5, • • • • • • August 18, 2020 22 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) ` T ,,..___,_____, k 1 L r._ ,, ,., d0 ---_-_ , Drinks �i--: Families must navigate through very intimidating crowds t k i _ €�4 j s August 18, 2020 23 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) Groups harassing families and selling "merchandise" 1 A MEMO I irja 1111 t! 1 1 ii N" ,, -1 • €. a Employee beaten leaving work s iiii- k)iii_ August 18, 2020 24 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) AI Lt Video Then there goes the businesses, many of which have been at the oceanfront for decades The repeated refrain from the business community: • "It's not safe" • "My employees are fearful for their safety" VACANT • "There used to be families here,they are gone" VACANT n • "My City used to care—they have given up" I • "I cannot build a business in this environment" VACANT • "Behavioral issues are getting worse" • "I give up" August 18, 2020 25 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) In the past, finding store space on Atlantic Avenue was impossible. � r : _, = �.:.� � ' - There are so many empty spaces in current environment. F- .1 - SE t 491.0044 • August 18, 2020 26 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE M#706I6 (Continued) fictive. Fried Ice Cream&More a1 i SALE $ f, Y. 1 f ,` �---r V °-37 ITE :T a r� I '-4-.---_ "..-:.-.4 -.; ,.., ' 79446-914,, ,- _ i.i:r. ° ter Augurst 18, 2020 27 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) - -- _ . I new a ,I i f \ 1 ,\ FOR RENT 757 305 1646 .. CHRISTINA I 1 .._ Y 1--- 1 .----. ril - BAG Q r'4�3 August 18, 2020 28 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) The behavioral and environmental problems are not new to Virginia Beach! We had them before, and we fixed it! We must do it again, and now! Or all the benefits that the citizens of Virginia Beach enjoy as a result of taxes earned at the oceanfront will be gone... Here is the FY-2019 CVB Resort Area Report: CVR Resort Area Report CM-MR focal Tear 2019 Gress Tax Daily Rental 1,392,093.64 $14,397.54 Lodging Room Tax 1,392,619.40 $2,784,827.68 Meals Tax 200,703,806.02 $11,033,867.57 Transient Occupancy 223,306,710.83 $17,862,318.71 Admissions Tax 19,396,332.77 $1,938,496.45 Participatory Sports 7,965,219.97 $397,169.21 Total 454.150.782.63 S34.031.077.16 Published: 7/29/2020 August 18, 2020 29 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) Our Goal: Our priorities of the past must remain our priorities of today •Safe, welcoming diverse family environment • Maintain the Best, Cleanest and Widest Beach Possible • Clean, Well Maintained Boardwalk •Welcoming, Safe and Vibrant Family Friendly Atlantic Avenue • Expand Our Season (Conventions, Sports Center, Groups) If environmental and behavioral issues are not addressed, our ability to grow our tourism base tti Y / T Nit - :1-1.04,017-1 t - IP! - _Asa .. _ 0._ .4ai I -A And expanding our season will not happen! August 18, 2020 30 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) Our investments in The Convention Center,The Sports Center and Virginia Marine Science Museum VIRGInIR ()BEACH LIVE THE LIFE *NI I I 611- 'MA- , i f 1 AO 0 ,, _ . ,. ,®® _11 r Are dependent upon a vibrant, clean and safe Resort area Here is the Summary: Summary: The tourism industry of Virginia Beach and the affected civic organizations are united in asking for support.Specifically: 1. We request City Council's support of RAC's resolution of August 6,2020 as the action plan for The Resort Area 2. Direct the City Manager to immediately re institute the Resort Programs Office and locate in the Resort Area and to hire a Resort Manager to refine and implement the RAC Resolution and RASAP Plan including a finance plan as a priority. 3. Develop and implement an immediate action plan for the 2021 Season to address: • Safety and law enforcement • Cleanliness and Resort maintenance • Restoring and adequately fund a robust family entertainment program on Atlantic Avenue and in the Oceanfront Parks Li : . � August 18, 2020 31 CITY COUNCIL'S BRIEFING RESORT ADVISORY COMMISSION UPDATE ITEM#70616 (Continued) Community Support Delegate Glen Davis FFX(Family,Fun,Experience) Virginia Beach Hotel Association IMGoing Virginia Beach Restaurant Association Atlantic Wildfowl Heritage Museum Atlantic Avenue Association Rudee Inlet Business Coalition Virginia Beach Human Rights Commission Neptune Festival Virginia Restaurant,Lodging,Travel Assn. Patriotic Festival VIBE Creative District VSA Resorts 17°Street Gateway Association Vista Graphics Tidewater Builders Association Lake Station Condominium Association Shadowlawn Civic League Marsh Harbor at Rudee Condominium Association Resort Beach Civic League Sea Oats Condominium Association Cavalier Shores Civic League Southwinds Condominium Association Princess Anne Hills Civic League North Virginia Beach Civic League END Mayor Dyer expressed his appreciation to Ms. Baumann for the presentation. August 18, 2020 32 CITY MANAGER'S BRIEFING ITEM#70617 4:47 P.M. Patrick Duhaney, City Manager, requested City Council's guidance on the deferral of the Westminster Canterbury planning application to September 22, 2020, as requested by the applicant. Mark Stiles, City Attorney, advised City Council can agree on a deferral date however, the application has been advertised to be heard on August 25, 2020. Mr. Stiles suggested informing the applicant and registered speakers of the intention to defer the application prior to the Formal Session if City Council agrees on the deferral and advised the application will be required to remain on the August 25, 2020, Agenda where City Council will vote to defer to September 22, 2020. After City Council discussion, Mayor Dyer advised by consensus of Council, the application will be deferred on August 25th to September 22, 2020. August 18, 2020 33 CITY MANAGER'S BRIEFING L YNNHA VEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT ITEM#70618 4:52 P.M. Mayor Dyer welcomed Phil Pullen, City Engineer and Susan Layton, Chief of Planning and Policy — Norfolk District, U.S.Army Corps of Engineers. Mr. Pullen expressed his appreciation to City Council for their continued support and distributed a copy of today's presentation, attached hereto and made a part of the record. Mr. Pullen turned the presentation over to Ms. Layton who provided an update on the status of the Lynnhaven River Basin Ecosystem Restoration Project with reef specifications,public outreach and an overview of the Outdoor Living Resources Laboratory. Mayor Dyer expressed his appreciation to Mr. Pullen and Ms.Layton for the presentation. August 18, 2020 8/19/2020 LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT Restoringa TributaryofNationaiSignificane Submerged Aquatic Vegetation Wetlands Reef 0 ` Phil Pullen,P.E., •s. �«. City Engineer,City of Virginia Beach,Virginia .t •..� v;,Amm e�.m August 18,2020 1 PROJECT HISTORY 2003 Council Established CIP 7-153 Lynnhaven Watershed Restoration 2004 Council Established CIP 7-157 Lynnhaven River Environmental Restoration Study • Ordinance Adopted 9/14/2004 • Feasibility Cost Share Agreement • $1,652,037.77 City total(50%federal/50%local sponsor) 2005 Council Established CIP 7-159 Water Quality Participation Projects 2013 Feasibility Report and Integrated Environmental Assessment completed 2015 Council Approved Ordinance for Design Agreement • $420,000 City total from CIP 7-159(65%federal/35%local sponsor) • Ordinance Adopted 6/2/2015/Signed Agreement 9/25/2015 2016 Council Approved Ordinance for Oyster Lease Acquisition • • $142,970 for 7 leases from CIP 7-153 • Ordinance Adopted 11/17/2015 2018 Council Established CIP 7-059 Lynnhaven River Basin Ecosystem Restoration Project • Ordinance Adopted 8/7/2018 2018 Council Approved Ordinance for Project Partnership Agreement for Construction, Monitoring,and Adaptive Management of the Full Project • - crated Si3.9.M City total(65%federal j 31—%Incasl RiAml ••E__,• rry�m Ii. 2 1 8/19/2020 LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT Reston`nga TnibutaryofNationaiSignificance �`,, Submerged Aquatic Vegetation Wetlands Reef j „ am] Susan Layton,Chief of Planning and Policy a.a` U.S.Army Corps of Engineers,Norfolk District August 18,2020 3 WHY RESTORETHE LYNNHAVEN RIVER? • Lynnhaven is a priority,Tier I Tributary in Virginia for native oyster restoration designated by the Chesapeake Bay Program's Sustainable Fisheries Goal Implementation Team4.0.44164,- PROJECT FACTS s • Some of most important recreational areas in • A significant contributor to achieving Virginia for fishing, boating, crabbing, bird-watchingthe established goals defined in the g g g g 2014 Chesapeake Bay Watershed and shellfishing Agreement and Executive Order 13508 Chesapeake Bay Restoration and Protection. • Is home to important nursery,foraging grounds, • The only Ecosystem Restoration nesting areas and migratory habitat for fish and Construction New Start Project funded wildlife resources by the USAGE in the U.S.in 2018. • Provides for an innovative partnership opportunity with Virginia Beach Public • Engaged federal,state,and local agencies as well as Schools to engage students in active non-profit organizations and public learning opportunities in the Chesapeake Bay. • Total Project Cost:$39.7 Million total • Largest Tidal Estuary in Virginia Beach USACE$25.8M and CVB$13.9M 7.1 0Z:4‹, V-- 0 1 VJV •µ 4 2 8/19/2020 llos'yl ` PARTNERS IN ECOSYSTEM RESTORATION . LYNNHAVEN NOW 4_ } River �f_: - • - Illhi0 f 'VIRGINIA BEACH CITY PUBLIC SCHOOLS WILLIAMS..; MARY «3 D _GI VIM3r VIRGINIA ll ., z �' I 1 Virginia Beach 5. r y �`ie is t I}srlTt7:or M:1RIY!St.IESC.I. ' . ' C r, 5 LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION—ALL PHASES r ' • The U.S.Army Corps of Engineers �� (USAGE)is the lead federal agency and the City of Virginia j t�,C1 Beach Is the non-federal sponsor. y€. ••• AO ill • The purpose of the project is the —4:=1 116%... 111 restoration of three different habitats: 'p • Wetlands(38 acres) • Submerged Aquatic • Vegetation(SAV)(94 1 _ acres);and • Reef Habitat(31 acres) r <- _0 Phase 1 Total Cost(all habitats): __1 $8-10 Million Restoration will occur in multiple ,� phases at various locations DI11W�r7•w..IM.lwre ro/+Y•Ilia••„ � el— c throughout the watershed. ar . n r ettFFFF t/ y✓ fI Y i This study was authorized by the Resolution of the Committee on Transportation and Infrastructure o+ the U.S.House of Representatives.Docket 2558.adopted May 6.1998 6 3 8/19/2020 PROJECTBACKGROUND FROM 2005-2020 2005 Project planning efforts began 2009 Project presented to the City Council of Virginia Beach 2013 Feasibility Report and Environmental Assessment completed by USACE(with public comment) 2016 Funding for Phase 1 Planning,Engineering and Design received in 2016 • Potential sites were identified and oysterground leases were obtained by the City of Virginia Beach in 2016 2017 Surveys,Plans&Specs,and Design Drawings complete 2018 Project Partnership Agreement signed • Permits for all Phase 1 sites submitted Sept 2018 • Public Meeting October 2018 at Cox High School to discuss the project with residents • Construction Funding received in late 2018-$39.7 Million Total Project Cost(All Phases) • Public Meeting conducted in August 2018 at City of Virginia Beach Municipal Center 2019 Permits received for the Phase 1 SAV Site and a permit waiver received for the Wetland Site 2020 Virginia Marine Resources Commission Public Hearing-Phase 1 Reef Site January 2020 7 LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION - PHASE 1 SITES ',ate'' 4-#y '11 Phase 1 will ' result in the n n restoration of ,.f three different habitats: 17,.,.st-re.„...,,a,c_.! ' i" ,....in V ,:'2.:- • SAV/Reef Habitat .may near First „ Landing state Re.WbIN Park(6.3 acres) 6Avm .See Wetland 4� _. F i • Wetlands and „. ,,,,_,,-,...,.:,„.„...,..•_,... ., ,,..,,,.... . ::- I ✓ y �� 1 riparian buffer at r "0 1{ ' r' = 4I Princess Anne SOAK i9e PlatNunrber/ High School 5.46 4 •,: 13 � Restorat0 TYVe Number/Property GPIN g a f m acres)` �' �� 2105, 21066 r +� - _—` • ' wenand/Ri oarian -l.6 _• Princess Anne H5 14777E81480300 ,.,•;: � • Reef Habitat scar �- ..e r .1 ---•...., vg, :.7«a *4 a __ _ Lynnhaven Bay lynnn rBaanE y mass onnom. .nav MI , °. 6Nes ".•°p`s° ®� ,. arid Keelin'; • . 8 4 8/19/2020 PHASE 1 PROJECT STATUS SAV& FRINGE REEF HABITAT Contract has been awarded to Virginia Institute of Marine Science through the USACE Cooperative Ecosystem Studies Units Network • Signs and water quality monitoring station have been installed / Chesapeake Bay Foundation is installing the fringe reef early August and SAV will be planted in Fall 2020 ;mow WETLAND HABITAT Wetlands located along Thalia Creek at Princess Anne High School Pre-Solicitation Notice issued—27 July 2020 I Estimated schedule includes contract award in September 2020, `- / spraying Phragmites in Fall 2020,and construction during school , approved windows through 2021 and 2022 REEF HABITAT JE !r '..Reef Habitat located in the Lynnhaven between Keeling Cove and Dix Creek t�-ryry a. Contract is currently out for bid with a July 31,2020 award date {` f Seasonal windows for the reef placement will be March 1st to July V JJ • t' ' IA during 2021 and 2022 9 PHASE 1 SUBMERGED AQUATIC VEGETATION&FRINGE REEF HABITAT = Restores populations of Zostera marina(eelgrass) =+ — and Ruppia maritima (widgeon grass) in areas + 7lw" a where seagrass was historically abundant 1it's,3 Phase 1,the Pilot Project,will restore 6.3 acres of TA plot,. 5` '' " SAV habitat with a fringe reef near Long Creek adjacent to First Landing State Park. ` Phase 1 SAV Project:Virginia Institute of Marine Science ✓SAV seed collection and hand broadcast at pilot location P s R ✓Comparison of two different grasses ✓Water Quality Monitoring Station installed ✓ Post-planting survey for monitoring success ✓Fringe reef donated for wave attenuation by Chesapeake Bay Foundation v� t ' C< A a.tive Mann:"ment and monitor', Restoring SAV in the Lynnhaven River Basin will contribute to the Bay-wide restoration goal and significantly contribute to improved habitat and water quality in the Lynnhaven River. 11/4B Ghana 10 5 8/19/2020 PHASE 1 WETLANDS RESTORATION SITE-PRINCESS ANNE HIGH SCHOOLATTHALLA CREEK Restoration of 5.46 acres of wetland and riparian buffer habitat at Princess Anne High School adjacent to Thalia Creek,a tributary of the Lynnhaven River Benefits will include: ' ✓ Restoration of the historic,native i- ,;arc salt marsh community ✓Restoration of historic channels/hydrology t i , i ✓ Increased plant species diversity ,h ✓ Reduction of the invasive plant species, >►w Phragmites australis competing with \ native vegetation ✓Improved fish and wildlife habitat i ✓Improved water quality ✓Improved resiliency in the watershed j ✓Provides an Living Resources Laboratory - i for students W �.. `. i � �> s r ��+ , i rf 1, as *a. irdilti f ti - u ,�i • lei This project is a unique partnership with Virginia Beach Public Schools to create an "Outdoor Living Resources laboratory." 11 11 What Is Phragimitesaustra/is? An invasive plant species on the , ' -w ,rf , .`r project site also called the"common e, ; € reed" e; ' f./ • Out-competes all native forms of vegetation • Becomes a dense monoculture - with little habitat value USACE plans to treat and remove , 4,- , ' phragmites,reestablish historic o. „ 'IX', elevations,channels,topography and , �N native wetland vegetation. = E9 rtnan«" n ..4 12 6 8/19/2020 OUTDOOR LIVING RESOURCES LABORATORY A unique and collaborative partnership of the Virginia Beach City Public Schools,the City of Virginia Beach and USACE to benefit local students In alignment with Virginia Standard of Learning ; ° . Objectives,students would have the - Ik- -iih...� ^' opportunity to actively engage with resources , and restoration of the Chesapeake Bay *" Watershed and its tributaries. ✓ This"Outdoor Living Resources Laboratory" """"'" . - provides hands-on learning opportunities / f for students of all ages. ✓ Student participation is integral to the ". project—special planting of native ° -6 vegetation added to the plan drawings and ' ' `' specifications for Fall 2021. ✓ Students will partner with USAGE scientists "--� to collect monitoring data and evaluate • 0 e restoration success. !i'c ✓ Students can participate in teacher-led '/. 1_ — l research and laboratory activities. i A r y am- -,_ - .r t .tom V�a«» .. .. ,i. 13 STUDENT INVOLVEMENT IN MONITORING: Students will participate in biannual monitoring f< . .— iop -...1. using a transect/quadrant method for the s . 1 ,41‘ q 4 following metrics on restored wetland habitat: • Species diversity • Species density 1��`� • Percent cover USACE will train teachers in a workshop setting '' for collection of data and proper protocols. _ lam; USACE will establish and provide exact h monitoring metrics and protocols during F' preconstruction—Fall 2020 — • N I �. 4i • 14 7 8/19/2020 PHASE 1 REEF HABITAT RESTORATION SITE 4-8 ACRES OF HABITAT USING LOW PROFILE DESIGN Reef Habitat Considerations: ✓ Environmental Site Criteria(depth, salinity, DO,shoaling and velocities) ✓ Bottom composition that supports reef habitat ✓ Potential for larval retention& historic spat set data ✓ Absence of Submerged Aquatic Vegetation(historic 2003-2017 or current) " V Appropriate location away from 4- navigation channels and aids i 4 , , . A V Buffered from adjacent ��_ ' oysterground leases(50 feet) V Appropriate distances from private 4.........r r..s.�..`.. .r "'t~: * piers and residences(minimum 215 feet) CD 'mil - IiiigillIT To& 15 EXISTING REEFS IN THE LYNNHAVEN RIVER • ir. EL . i.1 •• trirml Fang.ll' WritX0 Branch ii .w q .a' e . : I a 1 inLynnhaven River Basin Ecosystem Restoration: """....`,"' 16..,... 'Existing Oyster Reefs `o'°`,,,,"'",�,,;",`"'a' sw , . /WarCa ,"Virginia Beach,VA �..-+»..,w>w.w.e a":'� r' 16 8 8/19/2020 NAVIGATION NEEDS, PUBLIC SAFETY,AND AESTHETICS— KEEPING THE PUBLIC SAFE Navigation needs,public safety,recreation and the visual landscape were carefully considered during site selection and incorporated into the project designs. - --_---___ Buffers established from oyster Reef design,subtidal, —__. leaseholders(50 feet)and low profile,dome-shapedaped r+r -.. - private docks(min.215+feet) structures for safety • .. Post Construction Survey 1 to ensure proper placement . Reef signage to alert boaters(up to 10);Notice to Mariners issued .,.. . -,._..+.. through the U.S.Coast I 011111111111 Guard IL Project areas conserved in 4 may- .. _ perpetuity Reefs will be marked on — -.- Adaptive Management USCG nautical charts L' `"•,. : and Monitoring performed for 10 years t Ve v C73 — vs.,cw•+ \B 1 17 REEF HABITAT SPECIFICATIONS • Protective Voids , `'l� • Rounded,dome- F ` shaped design for A� " -re. ; - �, safety ra J' j • Submerged.low profile r ',",• ` ,'. _ t r design IA • —ts—�, • 1'high x 1.0-1.5' diameter for stability • Concrete for durability Typical 2'Spacing of • Spaced 2 feet apart e J� Reef Habitat \ • IL iliia• - Acteelsl ize 0,, 41. , i 6 9�mcl urea.,or SD R[ts SMCCIUK(2'....0 tr mi V Alb Mk- ]8 18 9 8/19/2020 11Is BENEFITS TO 3-DIMENSIONAL DESIGN -& 4 ' \ _A, \ „r >e a ti \\V , tJ 07 ,�O 1 The turbulence "0 supplies oxygen • sr4. 44 s ' ' �s, Nitrogen turns sif Nt. `+✓: to gas&diffuses. T ' ° r ( The reef ball \, Water circulates *'^ • �' 't�„, serves as a habitat \ _ `^'�'" up&over the reef bail. it .. s for Bay critters. .r creating turbulence. ©a MIN,Ceept)1 AB tiaa o.ft: 19 BENEFITS PROVIDED BY REEF HABITAT tioysterlove Oysters=Clean Water k* ttoysterlove Healthy Oyster Reefs= t* Happy Fishermen -°'t- 1 oyster 50 gallons/day 1 acre 41114 * -0 36 olympic oyster reef — • 1.5 tons of fish&seafood swimming pools _ 1116"Wqr of water/day ,I '+ 'i' 1 acre oyster reef 4e.yn 42 ! l mu w 20 10 8/19/2020 REEF HABITAT RESTORATION PROJECT ASSUMPTIONS - Larval Transport Hydrodynamic Model by VIMS(2015)determined the location of this reef site. This oysterground lease is considered optimal for oyster settlement and distribution of spat throughout the Lynnhaven Reef Habitat restoration achieved by this project is integral to achieving the 2025 !!1C / Chesapeake Bay Program's Tributary Restoration goals in the Lynnhaven River Demand for oysterground leases in the Lynnhaven River has changed dramatically since the project began creating a scarcity of potential sites A 3-Dimensional Reef Habitat provides increased ecological benefits to a multitude of fish and invertebrate species Native Oyster Shell is a limited resource-The use of artificial substrate preserves native shell Potential restoration sites should be dispersed throughout the River Basin to distribute ecological benefits over the entire watershed ) The goal of restoring reef habitat is self-sustainability into the future r�7*.�rtr w eire�,*x..dn 2 1 21 PUBLIC INVOLVEMENT, COLLABORATION AND OUTREACH ✓ Coordination for the Environmental Assessment Report—Public Review in 2012 ✓ Public Meetings—Two Public Meetings and one webinar were conducted: October 2018—Cox High School-Twenty-nine members of the public attended August 2019—City of Virginia Beach Municipal Center, Building 19 A second meeting was held based on the interest and inquiries received Sent written notification to 104 residents with possible interest in the reef habitat site o Approximately 11 members of the public attended o Staff discussed the project with the public using informational presentation boards created to show sites and proposed action o Certified letters were mailed to property owners near the project areas for the events July 2020—Virtual WebEx to discuss issues with concerned citizens ublicAdvertisement . •• •. t .Nn-lEnir•nmental ._ '0 V/3 22 11 8/19/2020 PUBLIC INVOLVEMENT, COLLABORATION AND OUTREACH ✓ Permit Coordination with Virginia Marine Resources Commission(VMRC) VMRC completed additional public involvement for each joint permit application. ➢ Published news advertisements with the project descriptions and the Hearing date for the reef habitat site and SAV site. ➢ Contacted all the oyster ground leaseholders with leases directly surrounded the leases in question • Contacted property owners along the water near the project SAV Site Permit—Approved Wetland Site Permit—Confirmed to not be required Reef Habitat Site Permit—Presented to VMRC Commission—Approved ✓ Quarterly Coordination—Virginia Interagency Oyster Team—State-wide Oyster partners throughout the lifetime of the project ✓ Monthly Coordination—Hampton Roads Oyster Workgroup and Oyster Partners specific to the Lynnhaven River ✓ Social Media/CVB Homepage/USACE website—for advertisement of Public Meetings t Website:https://www.nao.usace.army.mil/LynnhavenEco ✓ v�J • omu 23 PRE-CONSTRUCTION SITE DEPTHS AT MEAN HIGH WATER(MHW) N DEPTH[FT[ A (MHW) 0.0 Proposed -oa Construction -1.0 Area -1.5 3 Y -2.0 -2.5 ' -3.5 -4.0 1,3 air IN Lease Area rift wisoloryi 1111i• a- 24 12 8/19/2020 PRE-CONSTRUCTION SITE DEPTHS AT MEAN LOWER LOW WATER(MLLW) N -# • Deana(FT]A (MLLW) Area Proposed .t.0 Construction _1.5 l 44tt/atp -2.0 2s 1'a ` . ` 1 • N, Lease ` ! Area 250 500 750 En 25 POST CONSTRUCTION WATER DEPTHS OVER THE INSTALLED REEF AT MLLW N DEPTH iV'tl A (MLLW) 0.0 J '. 4.9, Proposed -1.0 Construction �.5 / Area J.0 .:7; -4.0 f '',-- .14;..• 4 Lease A.", to, Area >f!' ` Feet p S.Surve .` i r P 250 500 750 ?' r w,v d�.a. 26 13 8/19/2020 SHALLOWEST AREAS AT THE SITE-POST CONSTRUCTION AREAS WITH 0.5 FT OF DEPTH OR LESS POST CONSTRUCTION (MLLW) N Areas with 0.5 ft of DEPTH[FT] A 0depth or less post (MLLW) construction 10.0 Proposed ����!!!!-0.l N Construction Not part of this Area 0.2 project 0,3 r �"•'• -0.4 V 4• -0.5 ,, - - Lease Area • { p DIX CREEK DEPTHS AT MLLW(REEF INSTALLED) Feet1u.ss�i re AREAS OF 0.5 FT OF DEPTH OR LESS I�, 250 � ■500 750 V1 Of fall... mini.Bc.a, kr..ten 27 SHALLOWEST AREAS AT THE SITE-POST CONSTRUCTION (MLLW) AREAS OF 0.1 FT OF DEPTH OR LESS N DEPTH[FT] A (MLLW) Proposed Construction 44.00 Not part of this Area project -01 i.i, [ ! ki1.: -.. Lease tt. ytin, Area t rY•. 16 - DIX CREEK DEPTHS AT MLLW(REEF INSTALLED) "\ig ,Feet{u;swig AREAS OF 0.1 FT OF DEPTH OR LESS 250■ 500 750 us onov cow AB M \I Inia 6 ed t 28 14 8/19/2020 SUMMARY ✓ USACE&City of Virginia Beach plan to collaboratively invest$39M in Lynnhaven River Basin Ecosystem Restoration ✓ Project began in 2005 and received full federal funding in late 2018 ✓ Only USACE Ecosystem Restoration Project"New Start" in the U.S.A.funded with 2018 Congressional Work Plan funds ✓ Restoration of the Lynnhaven River is considered both regionally and nationally significant ✓ Project will help to achieve the established goals defined in the 2014 Chesapeake Bay Watershed Agreement ✓ Reef habitat is designed to enhance a diversity of aquatic species,including recreational and commercial fisheries ✓ Project has been designed with safety and recreational considerations as a hai a a.ywwn n 29 15 34 CITY COUNCIL LIAISON REPORTS ITEM#70619 5:21 P.M. Council Member Moss advised the Virginia Beach Community Development Corporation (VBCDC) recently closed on the Cypress Gardens housing project and will begin collecting income. Council Member Moss advised he has requested VBCDC provide a presentation to City Council on the financial improvements they have made as soon as scheduling permits. August 18, 2020 35 CITY COUNCIL LIAISON REPORTS ITEM#70620 (Continued) Council Member Wilson advised the Southside Network Authority awarded a contract to complete the next 30%of the design for the broadband internet ring. Council Member Wilson advised the Authority hired Steve Dewberry as the Executive Director and will hire an engineer once the contract for the project is awarded. August 18, 2020 36 CITY COUNCIL COMMENTS ITEM#70621 5:23 P.M. Council Member Moss advised the impact of COVID-19 delayed efforts to have the Bond Referendum for flood mitigation on the ballot this November, but he is hopeful to have it prepared, with projects prioritized, for November 2021. Council Member Moss advised now is a good time to borrow money with a cost of 1.6%above the treasury note, emphasizing City Council needs to move more aggressively and include more public engagement to fund necessary flood control projects. August 18, 2020 37 CITY COUNCIL COMMENTS ITEM#70622 (Continued) Council Member Wilson advised she attended the State Broadband Advisory Council meeting recently where it was announced that Governor Northam is providing $85-Million from the CARES Act to be distributed statewide, with schools getting a majority of the funding, to support distance learning. August 18, 2020 38 AGENDA REVIEW SESSION ITEM#70623 5:27P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Ordinance to CONFIRM the Declaration of a Local emergency re Tropical Storm Isaias 2. Resolution to AUTHORIZE the Mayor, City Manager and Director of Finance to EXECUTE a CARES Act Funding Certificate on behalf of the City 3. Ordinance to AUTHORIZE the use of the CARES Act Funding and TRANSFER funds to various departments re hazard pay and volunteer recognition (Requested by City Council) 4. Ordinance to AMEND City Code Section 2-85 re leave accrual by part-time employees 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as 352 Tuna Lane at the rear of 2941 Wood Duck Drive re relocate existing boat lift, construct and maintain a bulkhead,pier, two (2)personal watercraft lifts and a boat lift 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of a City-owned drainage easement at 624 Regency Drive re construct and maintain a lighted double-sided monument sign 7. Ordinance to AMEND the Adopted FY2020-21 Capital Improvement Program (CIP) Project description and scope for CIP#9-068 Dome Site Development Acquisition re AUTHORIZE the acquisition of property by Virginia Beach Development Authority (VBDA) 8. Ordinances to ACCEPT and APPROPRIATE: a. $300,000 from the Landmark Foundation to FY2020-21 Public Health Department Operating Budget and REAUTHORIZE five (5) Grant-Funded positions re Baby Care Program b. $10,000 from Virginia Tourism Corporation to FY2020-21 Convention and Visitors Bureau Operating Budget re local advertising and marketing efforts c. $47,187 from National Parks Service Historic Preservation Fund to FY2020-21 Planning and Community Development Operating Budget and TRANSFER$28,312 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re survey of historical resources in the Seatack and L&J Gardens neighborhoods August 18, 2020 39 AGENDA REVIEW SESSION ITEM#70623 (Continued) d. $22,500 from Virginia Department of Historic Resources and TRANSFER$22,500 to provide local grant match to FY2020-21 Planning and Community Development Operating Budget re preparation and publication of historic district design standards and review guidelines e. $201,803 of CARES Act Funding from Virginia Department of Elections to FY2020-21 Voter Registration and Elections Operating Budget re health and safety expenditures for the 2020 Presidential Election f $1,389,918 of CARES Act Fundingfrom U.S. Department of Housing and Urban Development and TRANSFER $1,021,040 of Community Development Block Grant funding to FY2020-21 Housing and Neighborhood Preservation Operating Budget re eviction prevention and homeless assistance for individuals and families affected by COVID-19 H. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#7 August 18, 2020 40 AGENDA REVIEW SESSION ITEM#70623 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: I. PLANNING 1. CITY OF VIRGINL4 BEACH for a Special Exception for Alternative Compliance to the Form- Based Code re recurring outdoor assembly use and open-air market special events for properties located South oflnterstate 264, West of Parks Avenue, and slightly East of Parks Avenue,North of 18th Street, West of Washington Avenue, North of 17`h Street, and East of N. Birdneck Road DISTRICT 6—BEACH 2. GREEN CLEAN SOUTH MILITARY,LLC for a Modification of Conditions re car wash facility at 820 South Military Highway(Approved November 27, 2007)DISTRICT 2—KEMPSVILLE 3. WILLL4M MARK CONBOY/ CONBOY CONSTRUCTION for a Conditional Use Permit re commercial kennel for 3285 Indian Creek Road DISTRICT 7—PRINCESS ANNE 4. HARRIS TEETER PROPERTIES,INC.!BRENNEMAN FARM RETAIL ASSOCIATES,LLC for a Conditional Use Permit re automobile service station at 4540 Princess Anne Road DISTRICT 2—KEMPSVILLE 5. MICHAEL JAMES FITZGIBBON for a Conditional Use Permit re short term rental at 2222 East Berrie Circle DISTRICT 4—BAYSIDE 6. TIMOTHY HANDLON for a Conditional Use Permit re short tern rental at 2541 Seaview Avenue DISTRICT 4—BAYSIDE 7. CASEY KRUEMCKE for a Conditional Use Permit re short term rental at 133 Ackiss Avenue DISTRICT 6—BEACH 8. 3D BUILDER INVESTMENTS,LLC for a Conditional Use Permit re short tern rental at 421 21'Street DISTRICT 6—BEACH 9. JOHNLOVERING&KRISTENLOVERING for a Conditional Use Permit re short term rental at 1718 Baltic Avenue DISTRICT 6—BEACH I.PLANNING: ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY August 18, 2020 41 ADJOURNMENT ITEM#70624 Mayor Robert M. Dyer DECLARED the City Council SPECIAL SESSION ADJOURNED at 5:33 P.M. . aus Chief Deputy City Clerk A nda Ba es, MMC Robert M. Dyer City Clerk Mayor August 18, 2020