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SEPTEMBER 22, 2020 SPECIAL FORMAL SESSION MINUTES
4 r '�'� 04?14,::--4 * 1s=aom: DUR.k: VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 22, 2020 Mayor Dyer called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Tuesday, September 22, 2020, at 3:08 P.M Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Louis R.Jones Vice Mayor James L. Wood 401.0.B EAc'!!o`` , City of Vir-in' 13 ach \11., zjri. i cLaf AZ\O V Kgu .aml ROBERT M."BOBBY°DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23458-9000 (757)385-4581 FAX(757)'+a5-5899 September 17, 2020 BDYEROVBGOV.COM 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 FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,September 22,2020 3:00 P.M. Virginia Beach Convention Center 100010 Street The purpose of this SPECIAL FORMAL SESSION is to allow City Council to hold City Manager briefings, and then convene into Closed Session. At 6:00 P.M., City Council will reconvene, certify the Closed Session, and then consider a planning item deferred from August 25, 2020: WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977) (Deferred from August 25,2020)DISTRICT 5—LYNNHAVEN RECOMMENDATION:APPROVAL Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: https../Ahgov.webex.com/vbgov/onstage/g.php?MTID=e241 7 56a5a5cObafd2 7ac83ee03e53844 •Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@a,vbgov.com prior to 5:00 p.m. on September 22, 2020 This Special Formal Session will be streamed live on wvvvv.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CitvCouncil@vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 2 CALL TO ORDER ITEM#70857 Mayor Dyer asked that the below letter dated September 17, 2020, be made a part of the record: September 17, 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 FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,September 22,2020 3:00 P.M. Virginia Beach Convention Center 100019`h Street The purpose of this SPECIAL FORMAL SESSION is to allow City Council to hold City Manager briefings, and then convene into Closed Session. At 6:00 P.M., City Council will reconvene, certify the Closed Session, and then consider a planning item deferred from August 25, 2020: WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977) (Deferred from August 25, 2020)DISTRICT 5—LYNNHAVEN RECOMMENDATION:APPROVAL Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. If you wish to make comments virtually on an item,please follow the two-step process provided below: •Register for the WebEx at: h tips://vbgov.webex.com/vbgov/onstage/g.php?MTID=e241756a5a5cObafd27ac83ee03e53844 • Register with the City Clerk's Office by calling (757) 385-4303 or via email at ABarnes(ai,vbgov.com prior to 5:00 p.m. on September 22, 2020 This Special Formal Session will be streamed live on it'taw.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CitvCouncil@vbgov.com. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office September 22, 2020 3 CITY MANAGER'S BRIEFINGS EMERGENCY OPERATIONS PLAN UPDATE ITEM#70858 3:09P.M. Mayor Dyer welcomed Erin Sutton, Director— Office of Emergency Management. Mrs. Sutton expressed her appreciation to City Council for their continued support: City of Virginia Beach mergency Operations Plan Update 2020 ERIN SUTTON, DIRECTOR OFFICE OF EMERGENCY MANAGEMENT Here is an overview of today's brief Adoption Brief What is the Emergency Operations Plan? a—7 o• � Why do we have the Plan? � oe"�' What is contained in the Plan? What are you adopting today? What has changed since 2016? September 22, 2020 4 CITY MANAGER'S BRIEFINGS EMERGENCY OPERATIONS PLAN UPDATE ITEM#70858 (Continued) Here is an overview of the Emergency Operations Plan (EOP): Mufti: =giii1A .it;i'•a a single,comprehensive framework for t `- management of major emergencies and disasters within the City EtTlefgenCy Outlines the roles and responsibilities Operations assigned to City departments and agencies Plan for response to disasters and emergencies Implementation of the plan is contingent upon a collaborative approach between the City and a wide range of partner agencies and organizations that provide crucial support during emergency operations Here is the Office of Emergency Management Structure: E , ,,,, n, lisi.a.,.... 7rr ti i ,{:-----7---,;11 {!---.1.--- 0 't...._*,.. rr1r! it l Ys� rIC1�Y� Y� Ill September 22, 2020 5 CITY MANAGER'S BRIEFINGS EMERGENCY OPERATIONS PLAN UPDATE ITEM#70858 (Continued) Here are the Requirements: Requirements Commonwealth of Virginia Emergency Services and Disaster Laws,Title 44, Chapter 3.2 through 3.4,Code of Virginia,as amended. §44-146.19 Powers and duties of political subdivisions. Section E. Each local and interjurisdictional agency shall prepare and keep current a local or interjurisdictional emergency operations plan for its area.The plan shall include,but not be limited to,responsibilities of all local agencies and shall establish a chain of command,and a provision that the Department of Criminal Justice Services..... Every four years,each local and interjurisdictional agency shall conduct a comprehensive review and revision of its emergency operations plan to ensure that the plan remains current,and the revised plan shall be formally adopted by the locality's governing body. Here is an overview of the EOP Format:: Basic Plan provides an operational framework with overarching guidance for emergency response and short-term recovery operations. Emergency Support Function(ESF)annexes identify the primary and support agencies for each function,describe expected mission execution,and identify key tasks assigned to ESF partners. EOP Format Hazard and incident-specific annexes describe the policies,situation,concept of operations, and responsibilities for specific hazards or incidents. • Supporting annexes describe the framework through which a jurisdiction's departments and partners execute common strategies. September 22, 2020 6 CITY MANAGER'S BRIEFINGS EMERGENCY OPERATIONS PLAN UPDATE ITEM#70858 (Continued) Basic Plan Contents Purpose Scope and Applicability Authorities and References Situations and Planning Assumptions Concept of Operations Organization and Assignment of Roles/Responsibilities Information Collection,Analysis,and Dissemination Communications Administration,Finance,and Logistics Plan Development and Maintenance Training and Exercises This chart provides the Emergency Support Functions with the responsible Coordinating Agency: Emergency Support Functions FSF 1:Transportation Planning FSF 2 Communications Information Technology(IT) BF 3:Public Works&Engineering Public Works 1 Public Utilities BF 4:Firefighting Fire ESF 5:Emergency Management Office of Emergency Management ESE 6:Mass Care,Emergency Assistance,Human Services,&Housing Human Services BF 7:logistics and Resource Management Finance-Purchasing ESF8:Public Health and Medical Services Virginia Beach Department of Public Health Emergency Medial Services(EMS) BF R Search and Rescue Fire BF 10:Oil and Hazardous Materials Response Fire BF 11:Agricultural,Natural,Historic,and Cultural Resources Agriculture FSF 12 Energy Public Works-Energy Management FSF 13:Public Safety and Security Police ESF 15:External Affairs Communications Office FSF 14 Military Affairs City Manager s Office FSF 17:Volunteer and Donations Management Office of Volunteer Resources 1111111111111111111111111111111111111111111111111111111 September 22, 2020 7 CITY MANAGER'S BRIEFINGS EMERGENCY OPERATIONS PLAN UPDATE ITEM#70858 (Continued) Here are Updates to the Plan: Updates to the Plan Compliance FEMA Guidance—Disaster Recovery Reform Act,National Response Framework,National Recovery Framework Emergency Management Accreditation Program National Incident Management System(NIMS)Training Guidance Revisions to EOC Organizational Structure Modifications to key POCs and branches , Virginia Beach Incident Management Team(VBIMT) fir\ Emergency Support Functions modifications QUESTIONS Mayor Dyer expressed his appreciation to Mrs. Sutton for the presentation. September 22, 2020 8 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 3:19 P.M. Mayor Dyer welcomed Bill Landfair, Planning Evaluation Coordinator and Kevin Kemp, Zoning Administrator. Mr. Landfair expressed his appreciation to City Council for their continued support: ltify }t ; Virginia Beach Planning Items - October 6th& 20th City Council Meetings 41 There are three(3)Planning Items scheduled for October 6th: SUMMARY — October 6th 3 Planning items scheduled for City Council's consideration 1.Latifah Privott—Centerville District w•r�r -. r • Conditional Use Permit(Family Day-Care Home) �• • Recommended for Approval by Planning Commission&StaffeA~ ,:•N"` - • 2.Dale WoodenoPrincessAnne -tomeDistrict \ Y•,,,P.a '"fey • Conditional Use Permit(Home Occupation) • Recommended for Approval by Planning Commission&Staff +r 3.Donald H.&Diane F.Horsley—Princess Anne District 5 • Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) • Recommended for Approval by Planning Commission&Staff ra n.NPnN5 DNMW Me' DI.WO.d.n• September 22, 2020 9 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) LATIFAH PRIVOTT Item Council District Centerville Location 4494 Cherrywood Lane F f � .• i � � •cam~ CONDITIONAL USE PERMIT(Family Day-Care Home) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval Mar •sr • Request for in-home day care for up to 12 children in Green Run neighborhood • Applicant has over 10 years experience caring for children • Enclosed fenced-in backyard and sideyard for children to play LATIFAH PRIVOTT Item 2 September 22, 2020 10 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) DALE WOODEN Item Council District Princess Anne Location 6336 Blackwater Road 2 MOO • CONDITIONAL USE PERMIT (Home Occupation) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval 4 f II a I I 1 1•T .` t ek8 r":1 4 1 Ia1 �Eepj a a � grrwrr ffl 4Aii'•/o..W S w 1 • Conditional Use Permit requested for Home Occupation • Applicant offers anti-cyberware training courses to military, -- local&state organizations 1 DIG 4T • Classes taught inside home,limited to 10 students per session DALE WOODEN Item 3 September 22, 2020 11 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) DONALD H. & DIANE F. HORSLEY Item Council District Princess Anne Location 3340 Ives Road 3 ./ j w, , J - r---------' I it tea. a — �.a.... �l�� is SUBDIVISION VARIANCE(Section 4.4(b)of the Subdivision Regulations) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval r ' 4 PARCEL 1 sfO 4 i•:r}; o`: 4 PE"I" PARCEL 2 - a• ��.'�+ IVES ROAD R.RESIDUAL PARCEL `f > 0 ._ ., eat'. • , , • Request to create 2 lots that do not meet minimum lot • width and street line frontage requirements a.r• _ • Subject property in Agricultural Reserve Program(ARP) since 1998 • ARP Agreement reserved 2 future building sites in addition to existing single-family dwelling DONALD H.&DIANE F.HORSLEY Item 4 September 22, 2020 12 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) Mr.Landfair turned the presentation over to Mr.Kemp to provide the twelve(12)Planning Items scheduled for October 20`h: SUMMARY — October 20th 12 Planning items scheduled for City Council's consideration 1 1.C&C Development Company—Beach District • Conditional Use Permit(Short Term Rental) ` tYlr ap..t.LLC • Recommended for Approval by Planning Commission&Staff • 2.&3.Stuart&Lori Goldwag—Beach District • Conditional Use Permit(Short Term Rental) ��r• mo• • Recommended for Approval byPlannin Commission&Staff p0� J(5 Proponent Prop.N . c.r c D..rtpr.•r+cr.p•rv.ino a.LLC • 4.JKS Proponent Properties,LLC—Beach District man an a ion Gaore,:E • Conditional Use Permit(Short Term Rental) as••,."a Roth.Pinini110 • Recommended for Approval by Planning Commission&Staff on wnw tl Proprea.uc w • 5.Rachael Panariello—Beach District I GG elenopernent LLC ' S • Conditional Use Permit(Short Term Rental) I • • Recommended for Approval by Planning Commission&Staff t b 6.Carol Davis—Beach District Carol Devi* • Conditional Use Permit(Short Term Rental) • °'"'""• • Recommended for Approval by Planning Commission&Staff SUMMARY — October 20th 12 Planning items scheduled for City Council's consideration 7,8,9&10.Ocean Rental Properties,LLC—Beach District • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff aa•SINK LL• • •� 11.64`"Street,LLC—Lynnhaven District • Conditional Use Permit(Short Term Rental) row."' • Recommended for Approval by Planning Commission&Staff a Proponent Properties,LLC C WOG O.vNapnrM Com pre/. • 12.GG Property Management,LLC—Rose Hall District fn i• &ton Gad..e• • Conditional Use Permit(Short Term Rental) +.•"° �•� ^'a Pan•""b • • Recommended for Denial by Planning Commission&Approval by Staff oc..n Rental Prowrow.uc GG r•rua•n'•nt LLC • Corot Dent Ay mu S mow September 22, 2020 13 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) CONDITIONAL USE PERMIT—Short Term Rentals items 1-12 Recommended for Approval by Staff&Planning Commission (*Consent Agenda) Beach District Lynnhaven District 1.C&C Development Company* 11.64th Street,LLC* 2.&3.Stuart&Lori Goldwag 4.1KS Proponent Properties,LLC* S.Rachael Panariello* 6.Carol Davis 7,8,9,&10.Ocean Rental Properties,LLC Recommended for Approval by Staff&Denial by Planning Commission Rose Hall District 12.GG Property Management,LLC C AND C DEVELOPMENT COMPANY, INC Item Council District Beach Location 2416 Arctic Avenue, Unit B CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval September 22, 2020 14 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) Proposed Parking Spaces a o / D y 1 W ys t• ..tta _J a. -"ram .-' ""'".. l i '.L ='19 _N - }J,�k ".^! I; ,e , yg . Es,stin[ _ r ,. 3-Bedroom I Jf `^ �'`— y� ! , Dwelling Unit i — 1 1 Ni • Site zoned A-12 Apartment District(Old Beach District Overlay)and contains 1 single-family dwelling • Proposal to attach a 2nd unit to create a duplex • Proposed 3-bedroom dwelling requests Conditional Use Permit for Short Term Rental • Existing dwelling received Conditional Use Permit for Short Term Rental in February 2020 • 3 off-street parking spaces required;3 spaces proposed in driveway • Conditions include occupancy of 2 per bedroom and 1 rental contract per 7-day period C AND C DEVELOPMENT COMPANY,INC Item 1 , A-, 0‘,:y-.2 WAS. 10 ,�STATUS ..�•(e .,-Still • ':. • .,,,,pre< hilt at C AND C DEVELOPMENT COMPANY,INC Item 1 September 22, 2020 15 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) STUART& LORI GOLDWAG Items Council District Beach 2 Q, 3 Location 2002 Baltic Avenue,Units A& B �X /. �• �� y— ,------- t It J •-, s CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval f . ,,_4 , ,. . , ,. . ,, ,, 0 ' c t �� ..1•-•rre •_ - tan .�., - I,. J • Site zoned OR Oceanfront Resort District • Existing single-family home to be removed and replaced with a duplex • Conditional Use Permit for Short Term Rental requested for both 4-bedroom units in duplex • 4 off-street parking spaces for each unit required;8 spaces proposed,6 located in shared driveway,2 in garages • Conditions include occupancy of 2 per bedroom and 1 rental contract per 7-day period STUART&LORI GOLDWAG Items 2&3 September 22, 2020 16 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) f\. it'l �t1'�.. • +fTATU3 `1Si tie' ,_‘'-.i . In W'\ .....4,5\i, STUART&LORI GOLDWAG Items 2&3 JKS PROPONENT PROPERTIES, LLC Item Council District:Beach Location: 304 28th Street, Unit 209 4 .„ _...... ,... __,,c., . ___,, n,\, ._,,......3 \ ____________\_ 1s J! Zero! //� k \.:...) 2 . iir......1_1., ___. 1- ....ii, , ,,, ,. ....^.-.Tottl., CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval September 22, 2020 17 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) li: - - illi • Conditional Use Permit for Short Term Rental in 1 unit within a 42-unit building on property zoned OR Oceanfront Resort District • Dwelling unit contains 2 bedrooms • 2 off-street parking spaces required;2 spaces provided in parking area on-site • Conditions include occupancy of 2 per bedroom and 1 rental contract per 7-day period JKS PROPONENT PROPERTIES,LLC Item 4 1.,N �(c.i;st\---,,„--.. 1i: � _,,,.. ,,-3,_, .-4*.- ..,:___ ____ ., ,. , t ..--„,„ i. ‘,.-.c,.,___ \ - ie-„A,,\ ..„,.. t.,.. ., ..,.... ., r---1 ..\,„.., .•t-t ‘ STATUS ._ ___....\\,,r1 _., \ JKS PROPONENT PROPERTIES,LLC Item September 22, 2020 18 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) RACHAEL PANARIELLO Item Council District Beach Location 911 A Pacific Avenue 5 ....,....„ Rif \°. \ I\ '.\ \ \ \ Lk ___\ \ *\ it - '''• \ CONDITIONAL USE PERMIT(Short Term Rental) i Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval 7:: ` fit ' \ • 9m Wee.' • 1''' a, tr' - - �trafc. trextarKtng' A d • Conditional Use Permit for Short Term Rental requested for 1 unit within a multi-family building on property zoned OR Oceanfront Resort District • Dwelling unit contains 2 bedrooms ~ • 2 off-street parking spaces required;1 space located on-site,1 to be leased in 9th Street garage located across the street • Conditions include occupancy of 2 per bedroom and 1 rental contract per 7-day period RACHAEL PANARIELLO Item 5 September 22, 2020 19 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) ;:.faoN'*CNN'' 1 Ist l%Nily N '► 'a ,11i,1[I�: 1 , .v_..r.eg. r'' z AWL. -t 1 si°� lli .1 '_ 8tr:s"t l l `1*py ISO _low lsysp, Cowy •STANS O V,I • .ccc..e .. {� 0 8.h SL\ I • RACHAEL PANARIELLO Item 5 CAROL DAVIS Item Council District Beach Location 1305 Chickadee Lane 6 t, _________,_ _ . , If «r.- `t *VA' ,,,,,,,,, `., ©0 F isitv `` �.,, '"--- ■ G .. Lui 12".... / rfill-n-.. '----------;=-3/ ----.. st CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval September 22, 2020 20 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) y LOT 3 1 il _ fro we I I _-, , R 1 Single-fern t N �, 1 Dwelling I • Conditional Use Permit for Short Term Rental $ requested for a 3-bedroom single-family home in Redwing neighborhood on property zoned R-5D — 3 t w'wac s 1 I Residential District a 1 • 3 off-street parking spaces required;2 spaces f CHICKADEE 0 LANE provided in the driveway,1 in garage (50 a/WXae 1404,x 1237) • Conditions include occupancy of 2 per bedroom and 1 rental contract per 7-day period CAROL DAVIS Item 6 4. F 01 /l: ? — //: Sakurs Lan* 2 ,„,. , X ..liairiL aTAN• i yiawu 0 11eMrRt/<n id O Mt pal rte art/ /: /,.- t' CAROL DAVIS 6 Item 6 September 22, 2020 21 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) OCEAN RENTAL PROPERTIES, LLC Items Council District:Beach 7, 8, Location: 516 Norfolk Avenue,Units 1,2,4,5 9 p_ 10 t 011 — t CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval NI® — cam cditMy If 11010•1:0 ill . ' rr`. ".1 rg ,p.c., _ ,poY raw raw me Norfolk • Conditional Use Permits for Short Term Rentals requested for 4 apartment units in a multi-family dwelling constructed in 1940 on property zoned A-12 Apartment District • 3 units contain 1 bedroom;1 unit contains 2 bedrooms(5 total bedrooms) • 5 off-street parking spaces required;4 provided in the rear of the property for this property,2 additional spaces provided in front of the building • Conditions require Street Closure approval,removal of existing gravel in right-of-way and restoration of area to turf, occupancy of 2 per bedroom and 1 rental contract per 7-day period OCEAN RENTAL PROPERTIES,LLC Items 7,8,9&10 September 22, 2020 22 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) i '' SirrelL ow: ' v Area located within the right of way } -a; i A.Rear parking area to be expanded • Additional condition recommended by Planning Commission: • Prior to the operation of the Short Term Rental Use,a street closure shall be submitted and approved by City Council for the unimproved portion of the Norfolk Avenue in front of 516 and 518 Norfolk Avenue.A new parking plan utilizing the closed portion of the right of way shall be reviewed by the Zoning Administrator.If City Council does not approve the street closure,all parking shall comply with the parking plan as submitted. OCEAN RENTAL PROPERTIES,LLC Items 7,8,9&10 sch$tleat ',(t .. y " G f oth 5ffPet � y r i O V ' tlth5heet • uo,„cove— • t n A1IeY . Sequoa W" PinewoodOrive-. % — -Norfolk Avenue . 1 _ _— Y •'plh Street L tn5tieet n `\ a 1 y- . r.� \ gtn stre�e��t��� ESTATUS \1h A ieA 0 m 1 4�, • •oww<n ,a91^ '0 1 p u•aa..Kw 2.,� ce o1,na►tw ��������'il� at t OCEAN RENTAL PROPERTIES,LLC Items 7,8,9&10 September 22, 2020 23 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) 64th Street, LLC Item Council District Lynnhaven 11 Location 205 64th Street ....we' • C ` Cr ,....• $ I• i, ar: pt J.•" 1 iX �' l \3 `se r-Rrwa CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Approval 1• k 9'a 18'parkins space eda ..".. , s„ 7.'a._ = . • Conditional Use Permit for Short Term Rental for a 3-bedroom single-family dwelling :.r` constructed in 1936 on property zoned R-5R Residential District(North End Overlay) 1- • 3 off-site parking spaces required;3 spaces provided in driveway •sn•WNW OW n/ry • Conditions include occupancy of 2 per bedroom and 1 rental contract per 7-day period 64TH STREET,LLC Item 11 September 22, 2020 24 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) 10!, ova atm VIA'. s0 :� 0 tat* Vgil. Otto mirif tier N Tow- ..SIAM , 410111041110r_: --'" o..a �j ►r • 64TH STREET,LLC Item 11 GG PROPERTY MANAGEMENT, LLC Item Council District Rose Hall Location 713 Northgate Court 1 2 , ,_ . , , _ ___ __ .. ..,... , ... -..........„. , , ._ _D_ ,, 4E} o[,i3O •ii, . e i ii t11. r"; tj z �f -h CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 7 to 0 to recommend Denial September 22, 2020 25 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#70859 (Continued) lor,. ' , ` J ,� _ t7 •...,.�e. zs i -Proposed il Driveway addition *.---Ail - 1 __I�,. •C. l.bosun{ 's i ,} a. 4 I .. -. concrete t: .. Sin{le-family yam. f dwelling 'I I . r_.- 0' rt.:. — 1 -14 feet from I •= property line to • Conditional Use Permit for Short Term Rental for a - sheer pavement 5-bedroom single-family dwelling in the Princess •.-- Anne Plaza neighborhood on property zoned R-7.5 Hnrth{ate court Residential District • 14 feet from edge of street to property line;no • 5 off-street parking spaces required;modifications sidewalk so pedestrian and vehicular flow to driveway proposed and conditioned to unimpeded by parking vehicles accommodate 3 spaces fully on-site,2 spaces slightly overhang into public right-of-way • Conditions include occupancy of 2 per bedroom and 1 rental contract per 7-day period GG PROPERTY MANAGEMENT,LLC Item 12 :.:.t*.fi elfi or+rta1 -ii#t 7 r u r1lMrjlftjt f Ijw • er u r lfltin{noir ��,����yy� 1 • �;�, . dzi it , iir .„,-,i nip "� •�iiiiN ', 44 € �- a it,4,H1f/71 . .4t, 1. . ,Z '4A•41._ fit- ,'TA { kN I yYl►` STATUS p u•er,a..« "let O a•>•e•,« y.T. yfr GG PROPERTY MANAGEMENT,LLC Item 12 Mayor Dyer expressed his appreciation to Mr. Landfair and Mr. Kemp for the presentation. September 22, 2020 26 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 3:33 P.M. Mayor Dyer welcomed Alice Kelly, Director — Finance and Kevin Chatellier, Director — Budget and Management Services. Ms. Kelly expressed her appreciation to City Council for their continued support: FY2o21 Interim Financial Statements and FY2o2o General Fund Overview- e Financenanc Unaudited Alice Kelly,Director of Finance September 22,2020 The FY 2021 General Fund Revenues increased slightly while the Expenditures decreased slightly from August 2019: FY 2021 General Fund Revenues and Expenditures August 30, 2020 Budget YTD Variance Revenues Local $ 1,030.7 $ 67.7 $ (963.0) State 161.7 4.4 (157.3) Federal 23.0 2.4 (20.6) Total Revenues $1,215.4 $ 74.5 $ (1,140.9) 6.1% Expenditures City Operations $ 739.9 $ 167.7 $ 572.2 City Capital Projects-Cash Funding 48.9 48.9 - Trsf to Schools 439.0 73.2 365.8 Total Expenditures $1,227.8 $ 289.8 $ 938.0 23.6% Amounts appropriated from Fund Balance $ (12.4) (encumbrances,approved carryforwards and others) September 22, 2020 27 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Here are the Trustee Taxes March through August 2020 vs 2019: Trustee Taxes March through August 2020 vs 2019 March Aoril June July August Hotel: 2019 $ 4,049,695 $ 1,981,606 $ 2,529,218 $ 3,585,465 $ 5,276,334 $ 6,683,567 2020 503,179 886,278 485,934 1,823,285 4,100,503 4,822,551 Difference Fav(Unrav) (3,546,516) (1,095,328) (2,043,284) (1,762,180) (1,175,831) (1,861,016) Meal: 2019 4,268,089 6,543,926 5,790,781 6,314,715 6,919,767 6,917,362 2020 3,492,910 4,316,092 2,832,941 1,540,479 843,992 6,014,374 Difference Fay(Unfav) (775,179) (2,227,834) (2,957,840) (4,774,236) (6,075,775) (902,988) Admissions: 2019 324,208 389,605 606,030 748,364 1,454,865 1,366,934 2020 178,985 222,783 52,452 69,424 210,284 467,693 Difference Fav lunravi (145,223) (166,822) (553,579) (678,939) (1,244,581) (899,241) General Sales: 2019 4,421,666 4,472,653 5,506,848 5,459,852 6,006,400 6,018,683 2020 4,903,345 4,454,350 5,360,274 4,906,028 5,715,400 6,704,909 Difference Fav(unfav) $ 481,679 $ (18,303) $ (146,574) $ (553,824) $ (291,000) $ 686,226 , Hotel Tax Occupancy Rates TRAVEL INDICATOR Weekly Hotel Occupancy Recovery Year-Over-Year(Jan.26-Aug.29) 101• BOZO September 22, 2020 28 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Here is the FY 2020 General Fund Revenues and Expenditures Preliminary, Unaudited: FY 2020 General Fund Revenues and Expenditures Preliminary, Unaudited jludpet ](Tj2 Variance Revenues Local $ 1,015.5 $ 1,004.5 $ (11.0) State(includes PPTRA) 161.2 164.9 3.7 Federal 22.6 25.2 2.6 Total Revenues $1,199.3 $1,194.6 $ (4.7) 99.6% Expenditures City Operations $ 725.2 $ 648.7 $ 76.4 City Capital Projects-Cash Funding 64.9 64.9 - Transfer to Schools 470.6 431.6 39.0 Transfer to School Reserve Fund 5.8 5.8 - Total Expenditures $1,266.4 $1,151.0 $ 115.4 90.9% Amounts appropriated from Fund Balance $ (67.11 (encumbrances,approved carryforwards and others) Here is the FY2020 General Fund Highlights-Revenues: FY2020 General Fund Highlights- Revenues ($Amounts in Millions) Over/(Under) Revenue Type: Budget Real Estate Tax $ 1.5 Personal Property Tax 2.7 Business Licenses 0.9 General Sales Tax 1.1 Hotel Taxes (1.1) Restaurant Meal Taxes (2.8) Utility Taxes (1.9) Other Local Taxes (4.1) Charges for Services (3.4) Other Revenues 2.4 Total $ (4.7) September 22, 2020 29 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Here is the FY2020 General Fund Highlights-Expenditures: FY2020 General Fund Highlights-Expenditures ($Amounts in Millions) (Over)/Under Expenditure Type: Budget Personnel Cost $ 23.1 Other Operating Costs 35.4 Lease Payment to Commonwealth 2.5 Debt Service 1.6 Other Transfers 0.1 Transfer to School Board 39.0 Reserves for Encumbrances 13.7 Total $ 115.4 Here is the Unassigned General Fund Balance June 30, 2011 thru 2020: UNASSIGNED GENERAL FUND BALANCE JUNE 30, 2011 THRU 2020 (IN MILLIONS S200_........ .........._ __....... ......_._....... ..._..._..__ ._....__.._. ...._.__._. .._..._._. T 16.0% 13.8% 11.9% • FS162.3 S100 -12.0% -• 1.6.i% 10.4% 10.5% • • 9.5% 9.3% 10.1% 9.9 10.2% 8 • • • • • �8.4 S121.3 5 5�.0 $114.3 9 $100- -_$104.0 $102.4 5107.1__ _. __ _ -8.0% t0 596.1 557.0 a I $50 -- -4.0% SO 1 1 1 1 I 0.0% 2011 2012 2013 2014 2015 2016 2017 2018 2018 2020 =Unealgnee GF Balance •%o1 Budgeted GF Revenue September 22, 2020 30 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) The total Unassigned Fund Balance for FY 2020, is$162.3-Million: General Fund — Fund Balance June 30, 2020 — Unaudited — (in millions) Total Fund Balance June 30,2020 $ 255.4 Less Reservations: Inventories&Loans Receivable 11.3 Community Services Board Restricted Funds 1.5 School True-Up (3.0) School Reversion 39.0 Carryforwards and Encumbrances 16.8 FY 2021 City CIP Budget 24.4 FY 2021 School Operating Budget 0.4 Human Services Electronic Implementation 0.3 Aquarium Marsh and Parking Lease 2.4 93.1 Total Unassigned Fund Balance FY 2020 $ 162.3 %of FY2021 Budgeted Revenues 13.76% Here is the Summary: Summary • Revenue for FY 2020 was lower than budget by $4.7 million • Expenditure savings occurred • Salaries • Conservative spending, reducing encumbrances, eliminate all but non-essential spending • CARES Act funding •Schools • True up estimate is$3 million • Reversion amount$39 million • FY 2021 August Trustee Revenues lower than FY 2020 September 22, 2020 31 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Here are the Next Steps: Next Steps FY202 ,Se.ternber,V•da, October 20, 2020 November 24, 2020 "v. Y2020 Audited Financial Statements Update and FY2021 October Update December 8, 2020 Ms. Kelly turned the presentation over to Mr. Chatellier. CARES ACT CRF ADDITIONAL GUIDANCE AND FURTHER OPTIONS FOR CITY FINANCIAL ASSISTANCE City Council Briefing September 22,2020 Kevin M.Chatellier Director of Budget&Management Services September 22, 2020 32 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) The U.S. Treasury issued further guidance concerning CARES Act Coronavirus Relief Fund distribution, causing a delay in appropriating the second round of funding: September 2020 ■ September 1-presented a recommendation that the City's second CARES Act Coronavirus Relief Fund(CRF)distribution be used to reimburse City public safety expenses. - Rationale to maximize City Council's flexibility and ensure full utilization of funding prior to deadline • September 2-U.S.Treasury issued further guidance.Treasury updates their information on a rolling basis,without advanced notice. • An ordinance to appropriate the second round of CARES Act Funding was therefore delayed to enable the City's review of the supplemental guidance. 2 Here is an overview of Staff Review: Staff Review • The Departments of Budget&Management Services, Finance, the City Attorney's Office, and the City Manager's Office all studied the new information (primarily the"Supplemental Guidance on pages 5-8 of the"Coronavirus Relief Fund Guidance for State,Territorial, Local,and Tribal Governments") ■ Conversations with various entities: - External auditors - Conversations with other Finance Officers throughout the Commonwealth and with other nationally large jurisdictions • The collective determination was that public safety employee payroll costs can continue to be an eligible expense. 3 September 22, 2020 33 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Here is an overview of the Methodology Change per Updated Guidance: Methodology Change per Updated Guidance ■ September 1 Recommendation Methodology based on previous US Treasury Guidance: - Locality may presume public safety payroll as"substantially dedicated"to COVID- 19 pandemic(FAQ 2) - Full public safety payroll allowable use of CAREs Act Funds.(FAQ 47) • Revised recommendation of methodology based on updated US Treasury Guidance: - US Treasury better defined public safety classifications that fit within the "substantially dedicated"category.Example;Police Officers,Firefighters,EMS, Dispatchers,Public Safety supervisory personnel,etc.(Guidance pg.6) - "Payroll and benefits of a substantially dedicated employee may be covered using payments from the Fund to the extent incurred between March 1 and December 30,2020". • Revise original methodology used by staff to more specifically focus on various individuals and groups within public safety departments that demonstrate a "substantial"dedication or repurposing of their time to addressing the COVID-19 pandemic. a Methodology Change per Updated Guidance - examples Sept 1 Methodology Revised Methodology Public Safety Payroll July-December* March-December** Police Uniform Patrol 100% 60% EMS Operational Management 100% 95% Fire Operations 100% 95% Fire Training,Learning,&Develop 0% 60% ECCS 911 Communications 0% 90% *Updated guidance provided additional opportunity to reimburse additional public safety payroll that occurred in FY 20. **Refinement and analysis of these percentages ongoing with appropriate agencies 8 September 22, 2020 34 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Here is the Recommendation: Recommendation ■ More than $80 million in eligible public safety employee payroll costs from March through December are estimated,exceeding the allocation available to the City from the CARES Act CRF. ■ Thus,the initial staff recommendation for the second distribution is still recommended: - All$39 million appropriated by Council to the City for expenses related to public safety payroll. - Establish local funded reserve for future allocation by City Council. - Rationale is to maximize City Council's flexibility and ensure full utilization of funding without a pending December 30 deadline. - May provide City Council flexibility to address the City's fiscal impacts if a second wave of the Pandemic occurs. A balance of$5.5-Million is available from the first round of CARES Act Funding: Additional Fiscal Relief ■ Various programs in place with updates provided in September 1 presentation. - Dedicated reserve of$5.5 million still yet to be allocated from first round of CARES Act funding. ■ Request by City Council to review possible options for additional relief. ■ The following slides summarize plausible options for City Council's consideration and would be implemented with the use of local funds to maximize flexibility. ■ If Council is interested in any option,staff will work to further explore and develop an implementation strategy and reengage City Council with a request to align funding for the program. 10 September 22, 2020 35 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) The remaining slides provide options of additional fiscal relief for consideration: Timeframe, Relief Categories, & Service Delivery Considerations • Near term relief and one-time initiatives: - Specific Services Delivered via Non-profit Organizations - Financial Assistance • Delivered via City Department(Human Services,etc.) • Delivered via Non-profit Organizations ■ Long term relief and on-going initiatives: - Real Estate Tax - Personal Property Tax The next several slides provide Near Term Relief& One-Time Initiatives for consideration: Near Term Relief & One-time Initiatives Direct Service Delivery September 22, 2020 36 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Food Services Acquire additional provisions of food for residential pickup or on-site consumption,or initiate a home delivery service Delivery Options: Non-profit entity partner(s) Pros: Cons: • Provides tangible assistance to citizens ■ If Food service program is a pick-up in need in an area of acute demand or eat-in option,participation by • Could bolster existing programs created those with limited access to by the US Department of Agriculture transportation could be an issue. designed to link farmers and food banks • May assist local farmers depending on the source of products("keep it local" provisions may be considered as part of the agreement) 13 Wi-Fi Hotspot for Internet Access Department of Libraries and Schools have collaboratively worked to provided internet access to the best of their ability;however,some households are still on the waiting list for access to devices. Delivery Options: Department of Libraries&Virginia Beach Public Schools Pros: Cons: • Provide Internet access to those • Demand will likely continue to without a means to provide typical exceed supply. Internet connectivity. • Does not resolve problem on - School Children permanent basis as lending - Individuals asked to Telework program. • Devices are portable providing • New contract could require multi- Internet access throughout the City. year commitment. 14 September 22, 2020 37 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Near Term Relief & One-time Initiatives Financial Assistance City Services Bill Credit The Virginia Beach Public Utilities combined"city services"bill has roughly 135,000 total accounts. To provide relief,the City could apply a credit to each city services bill.Due to bond covenant restrictions,related to the water/sewer and storm water enterprise funds, this could only be provided on the waste management portion of the bill. Delivery Options: Department of Public Utilities Pros: Cons: • Provides direct relief to bilipayers • Only provided for waste management, through cost avoidance therefore,no benefit for non-waste ■ Is the program that covers a wide management customers. range of City residents the quickest • Likely to be one-time only or time limited relief • Easiest program to administer and • May not help citizens who owe more on the communicate consolidated bill than the credit,yet still cannot pay • Credit would reduce existing debt owed 16 September 22, 2020 38 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Emergency Assistance An emergency assistance payment program would provide dedicated funding for a program designed to assist citizens who demonstrate "need" during the pandemic. Delivery Options: Non-profit entity partner(s)or Dept of Human Services Pros: Cons: ■ Provides tangible assistance to citizens in need in ■ Limited to only those in need an area of acute demand ■ Total amount available may be ■ Less restrictions on type of program if approved limited dependent on if program is with local dollars(for example,could be advance structure as one-time only or for cash payment rather than reimbursement of actual recurring access expenses,thus removing need for receipts) ■ Extensive public advertisement and • Funds can be used by citizens for any number of application will be required for this items new program • Simple eligibility tests ■ Grant(not a loan) 17 Rental/Mortgage Assistance City could help residents further pay down some of their cost burden or could adopt additional programs that broaden the base of participants. Delivery Option: Department of Housing&Neighborhood Preservation directly supplementing existing federal programs or partnering with non-profit entity or entities Pros: Cons: • Keeping people in their place of • Multiple programs and possible legislation residence is of paramount priority and regulations in place at the federal, • Expansion of eligibility above and Commonwealth,and local level-potentially beyond current programs,thereby overlapping serving more people • Proliferation of programs may be confusing by applicants over eligibility or which program to access ■ Program may only cover partial payments or payments for a limited time duration 18 September 22, 2020 39 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Medical Expenses A program to provide assistance, via reimbursement, prepayment or direct payment to medical organizations, for various medical costs could address numerous needs for residents. Delivery Option: Non-profit entity partner(s)or Dept of Human Services Pros: Cons: • Provides vital help to citizens in need in • Concern over double payments or an area of acute demand coordination with insurance claims • Fills a gap-few other programs are in ■ May have to impose price restrictions on place to cover these costs outside of what is covered traditional health care vehicles such as Medicaid or CHIP • Could cover procedures or premiums • Could help people determine eligibility for Medicaid based on their application and submission 19 School Expenses The transition to virtual online learning has left parents and guardians with the need to supply additional costs for their children's learning that would otherwise be non-existent or would be covered by the school system. To assist with these costs,a one-time payment could be made through a non-profit to people with children within the public school system. Delivery Options: Non-profit entity partner(s) Pros: Cons: ■ Helps people with unforeseen cost • Article of faith that money will be used for imposed by government decisions stated purpose ■ Contributes to a more enhanced • Limited to no claw back provisions learning experience • Address of residents with children that is • Benefits a large segment of the on file may be out of date or inaccurate population • Maybe difficult to determine expenses for ■ Individual choice on use of funds private and/or home-schooled children. within the broad parameters of educational expenses 20 September 22, 2020 40 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Payment of Childcare In addition to creating childcare programs,governments can also assist both parents and guardians as well as childcare providers through subsidy programs. Delivery Options: Non-profit entity partner(s) Pros: Cons: • Helps people with unforeseen costs ■ Spaces are limited imposed by government decisions • Fairness questions regarding who may be • Provides venues for enhanced learning included conditions for a critical population . Concerns over"double-dipping"from entities • May assist in general recovery of who received assistance from federal economic activity government • Questions regarding daycares,but not schools,opening 21 Supplemental Unemployment In absence of further help from the federal government,the City, via a non-profit, would provide some assistance to its unemployed citizens above and beyond traditional unemployment benefits from the Commonwealth. Delivery Options: Non-profit entity partner(s) Pros: Cons: • Provides much needed assistance • Neither the City nor a non-profit have access to VEC to those directly impacted by the individual data pandemic ■ Neither the City nor a non-profit have financial records for people on unemployment to make payment • A non-profit may not have the ability to make automatic weekly payments of this magnitude,even if the data were available • The amount of people on unemployment presently changes so rapidly that data administration would be problematic and non-eligible recipients would like receive funding at times 22 September 22, 2020 41 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) Targeted Tax Relief Targeted tax relief could provide tax benefits to citizens who are in demonstrated dire fiscal conditions due to the pandemic. Eligibility conditions would only be related to need;therefore,Council and City management would be able to design their own program. Delivery Option: Non-profit entity partner(s)or Dept of Human Services Pros: Cons: • Provides tangible assistance to ■ Assistance is limited based upon taxes actually taxpayers in need by either refunding owed or assessed,which in the case of personal prior year tax payments or by property could be a small amount essening a citizen's future obligation • FY 2020 has already passed,and the City's accrual • May enable a taxpayer to continue to period has ended access their vehicle for use in their • Assistance for FY 2021 will not provide immediate daily life fiscal assistance • It is probable that an advance tax relief on real estate taxes in FY 2021 will not result in alterations to monthly bill payments as it is unlikely that companies that hold funds in escrow will adjust their systems mid-year or provide refunds for payments made by mortgage holders 23 Enhance Existing Relief Effort Allocations • Enhance Workforce Development $2 million • Enhance Non-profit Supplemental Contributions $1.8 million • Enhance Small Business PPE and Adapting Workspace $9.2 million • EDIP and Small Business Assistance $2.5 million 24 September 22, 2020 42 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) The next two (2)slides provide Long Term Relief& On-Going Initiatives for consideration: Long Term Relief & On-Going Initiatives Tax Relief (Non-targeted) Non-targeted Tax Relief Options available via the Code of Virginia to local governments include:Return of a declared surplus via Real Estate taxes, Reduce the rate of the Real Estate or Personal Property tax mid-year. Pros: Cons: • Direct financial relief Real Estate • Provides a universal • Independent financial audit must first be completed and reported prior to benefit to all taxpayers confirmation of a surplus;as such,relief could not be issued prior to auditor's of the form selected presentation in December • Actual surplus dollar amount,if confirmed that it exists,is an unknown number ■ Only provides benefit to real estate taxpayers,but not all citizens • Benefits second and multiple homeowners as well as non-resident property owners • Possible that companies that hold mortgages will not adjust bills to provide direct monthly relief to citizens initially,but will provide benefit to taxpayer atyear end • Additional costs will be incurred for printing and mailing bills as the process with the existing rate has been initiated and is currently in progress Personal Property • Majority of direct assistance will not be obtained by taxpayer until June 2021 • Assistance will vary due to PPTRA calculation ■ A rate reduction will have FY 2022 budget implications 26 September 22, 2020 43 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE/CARES ACT ITEM#70860 (Continued) QUESTIONS? Mayor Dyer expressed his appreciation to Ms. Kelly and Mr. Chatellier for the presentation. September 22, 2020 44 CITY MANAGER'S BRIEFINGS BEACH REPLENISHMENT WITH THE NORFOLK HARBOR& CHANNELS DEEPENING PROJECT ITEM#70861 4:26 P.M. Mayor Dyer welcomed Phillip Roehrs, Coastal Program and Project Management—Public Works. Mr. Roehrs expressed his appreciation to City Council for their continued support: IIf 11111E �-nRGINu. oaamc, Beach Replenishment With The Norfolk Harbor& Channels Deepening Project \\_ � u City Cound efing-September 22, Phill Roehrs,Public Works Thimble Shoal Channel has the potential to provide up to 1.6-Million Cubic Yards (CY) of sand for Beach Replenishment: Estimated Volumes Of litvalter �►�v VIRGINIA. Virgihie Beach Available Sand • NORFOLK HARBOR&CHANNELS Thimble Shoals Channel r...,..,,..,�.,w DEEPENING PROJECT *P.••.:...``..:.. (VPA Contract) -�` ,- •600k CY of sand " •Potential for up to �" �+ 1.6M CY of sand •Start in Late 2021 a—• \— •Atlantic Ocean Channel (USACE Contract) •3.5M CY of sand •Nov 2022• .,... *not yet appropriated September 22, 2020 45 CITY MANAGER'S BRIEFINGS BEACH REPLENISHMENT WITH THE NORFOLK HARBOR& CHANNELS DEEPENING PROJECT ITEM#70861 (Continued) Here is the Thimble Shoal Channel Deepening Project Milestones: THE PORT OF Thimble Shoal Channel 'VIRGINIA Yrpjma Beach Deepening Project Milestones • Sediment Sampling: August—Sept 2020 • USACE Design Reviews March 2021 • Section 103 Concurrence: March 2021 • Contract Advertisement: July 2021 • Dredge Start: November 2O2I Here are the Bay Beaches maintained by the City: dipTHE PORT Of The Bay Beaches �-VIRGINIA Vh ja1a Beach (1 CherapPeke Beach `J ara�� i..,nnhaven IMat Beach asp O cape Henry feat _ 'l Pam < r ;r k B r each i tioce�r" e � r T r moo... �,+, �,F' September 22, 2020 46 CITY MANAGER'S BRIEFINGS BEACH REPLENISHMENT WITH THE NORFOLK HARBOR & CHANNELS DEEPENING PROJECT ITEM#70861 (Continued) The next several slides provide details for each of the Bay Beaches: VSJr Cape Henry Beach VIRGIN IA •2 Mile shoreline r •Last nourished in Summer 2019 with the Lynnhaven Va Inlet Federal Dredging Project — =`'` ' •245,000 CY of sand needed to enhance bayfront K,,,....--' ' shoreline protection(March 2019 Study f,� :\3 i bore Dove — p i THE HOP OF Ocean Park Beach Z-YIRGINIA. Vaatma Beach r ••=,, •1 Mile shoreline r1 ,,.; •Last nourished in Winter 2013 with the'-) Lynnhaven Inlet Federal Dredging Project .014•H• •310,000 CY of sand needed to enhance �� `• =4 ,. �bayfront shoreline protection t Ataigf—tk`:::..v,, --', ,.'-i., .,,:1 71' 1.!..„*.v1",- , _ — , September 22, 2020 47 CITY MANAGER'S BRIEFINGS BEACH REPLENISHMENT WITH THE NORFOLK HARBOR& CHANNELS DEEPENING PROJECT ITEM#70861 (Continued) iME POR16F V, a Bevil Chesapeake Beach -YIRGINI1a •1 Mile shoreline •First replenishment/restoration in-• Spring 2018(City contract) •Initial project reversed decades of --• '�, .,,, •! erosion and reestablished shoreline '/ protection ' ' % •Up to 200,000 CY of sand needed • �r'-o to maintain the beach and restore 4-,44 4 _ the dune system • ♦'. .q,-i J ' c' 'il F` 'ti}" s IV Here are the Advantages: AB •,INE P011 OF Advantages '. VIRGINIA Virginia Re:ell • City would only pay the difference between the cost of ocean disposal of the dredged sand and the cost to place the sand on the beach. • Cost difference should be a fraction of the cost of traditional beach replenishment—less than$10 per cubic yard vs.as much as $20 per cubic yard. • Preliminary sand source investigation identifies at least 600,000 cubic yards of beach quality sand available in Thimble Shoals Channel. • Economically replaces the plan for stand-alone contracts. • Needed City funding is available within Coastal CIP appropriations. September 22, 2020 48 CITY MANAGER'S BRIEFINGS BEACH REPLENISHMENT WITH THE NORFOLK HARBOR& CHANNELS DEEPENING PROJECT ITEM#70861 (Continued) Here are the Disadvantages: 1/13 Virginia d, Disadvantages - YIRGINIA • Material quality and quantity not yet confirmed. Desire uniform grain size without pockets of undesirable material. Norfolk also has plans to use sand from the project;final available volume for Virginia Beach may not achieve all goals. • City will not be contracting agency. Beach placement schedule and methods will be minor parts of a much larger project. Next Steps: THE PORT OF VIRGINIA. Next Steps • November 1,2020—Virginia Beach updates permits to allow for beach placement of channel dredging sand. • December 1,2020—Memorandum of Agreement executed between City and the Virginia Port Authority. • Defer re-advertisement of stand-alone Ocean Park Beach replenishment. • July 2021 —contract advertised. • November 2021 —work begins. • 2022—initiate agreement with Corps of Engineers for the placement of Atlantic Ocean Channel sand on the Resort Beach September 22, 2020 49 CITY MANAGER'S BRIEFINGS BEACH REPLENISHMENT WITH THE NORFOLK HARBOR& CHANNELS DEEPENING PROJECT ITEM#70861 (Continued) Here is an overview of Recommendations: 113 OF VIRGINIA. „rg,°,.R..,.', Recommendations • Informal City Council authorization to develop draft Memorandum of Agreement with the Virginia Port Authority to place acceptable sand on our Bay beaches as part of the Norfolk Harbor&Channel Deepening Project. • Informal City Council concurrence to defer the re- advertisement of Ocean Park Beach Restoration, seeking instead to accomplish that work with the Norfolk Harbor&Channels Deepening Project. TIEFIITIF.VIRGINIA. cfl` ; UESTIONS 12 Mayor Dyer expressed his appreciation to Mr. Roehrs for the presentation. September 22, 2020 50 CITY MANAGER'S BRIEFINGS CIVILIAN OVERSIGHT RESEARCH AND RECOMMENDATIONS ITEM#70862 4:43 P.M. Mayor Dyer welcomed Regina Hilliard, Director — Human Resources. Ms. Hilliard expressed her appreciation to City Council for their continued support: City of Virginia Beach Investigation Review Panel 0 REGINA S. HILLIARD DEPARTMENT OF HUMAN RESOURCES Here is an overview of the Investigation Review Panel(IRP): Recap of IRP • Citizen Review Panel =Investigation Review Panel(IRP) • Established 1991, reconstituted 2012 • 5 members and 2 alternates appointed by City Council • IRP has provided recommendations to enhance the citizen review process September 22, 2020 51 CITY MANAGER'S BRIEFINGS CIVILIAN OVERSIGHT RESEARCH AND RECOMMENDATIONS ITEM#70862 (Continued) Here are the Key Process Points: Recap of Key Process Points 1. The IRP is a review agency,not an investigative agency 2. Cases have the potential to be reviewed by the IRP only if requested by the citizen 3. Citizens with pending criminal or civil proceedings must wait to be heard by the IRP 4. Cases that do not meet the threshold for "abuse of authority"or"serious misconduct" are not heard by the IRP There are two (2)other Citizen Review Panels(CRP) in the state, below is an overview of Faitfax County's: Citizen Review Panels in Virginia Cl Fairfax County-est.2016 • Independent Police Auditor o Reviews Police investigations of death or serious injury o Reviews all use of force complaint investigations • Civilian Review Panel o Reviews abuse of authority or serious misconduct complaints o May retain investigative consultant September 22, 2020 52 CITY MANAGER'S BRIEFINGS CIVILIAN OVERSIGHT RESEARCH AND RECOMMENDATIONS ITEM#70862 (Continued) Here is an overview of Charlottesville's CRP: Citizen Review Panels in Virginia 0 Charlottesville-est.201.7 • Civilian Review Board o Reviews complaints if investigation results in a finding of unfounded,exonerated,or not resolved • Executive Director o Serves as liaison between board and Police/City Manager's Office • Legal counsel o Selected annually Here are a few of their Commonalities: Citizen Review Panels in Virginia O Commonalities • None of the boards have subpoena powers • Reviews are primarily initiated by citizen requests • None of the boards have investigative authority • All boards have restrictions on hearing cases with pending legal proceedings,though Charlottesville will allow a hearing while a case is being appealed September 22, 2020 53 CITY MANAGER'S BRIEFINGS CIVILIAN OVERSIGHT RESEARCH AND RECOMMENDATIONS ITEM#70862 (Continued) Here is, "Selection of IRP's Suggestions for Change": Enhance Functioning of Review Board 0 Selection of IRP's Suggestions for Change • Require Police to communicate to complainant about the expected timeline for conducting the investigation • Be proactive—use social media for outreach • Communicate to City Manager actions taken by the Police Department as a result of review by the IRP, post on website • Change name to Citizen Review Board for clarity • Assign a City Council liaison Here is, "Selection of African American Roundtable's Suggestions for Change": Enhance Functioning of Review Board 0 Selection of African American Roundtable's Suggestions for Change • Provide subpoena power • Provide investigative power • Change panel composition to include 3 residents from disadvantaged communities,i non-voting member with policing expertise(Charlottesville) • Eliminate consultation between the Police Dept.and Human Resources to determine if a referral to the IRP is warranted September 22, 2020 54 CITY MANAGER'S BRIEFINGS CIVILIAN OVERSIGHT RESEARCH AND RECOMMENDATIONS ITEM#70862 (Continued) Here is, "Selection of Human Rights Commission's Suggestions for Change": Enhance Functioning of Review Board Selection of Human Rights Commission's Suggestions for Change • Provide a HRC commissioner a seat on this panel • Clarify the Application/Request Form for an IRP review to add more specificity such as codes/ infraction • Review deadlines for filing a complaint • Review the relationship between the Internal Affairs Investigation Report and the IRP's review Here are the Common Recommendations: Enhance Functioning of Review Board io Recommendations Common to IRP,AA Roundtable and HRC • Enhance the diversity on the IRP • Change the IRP procedures to hear all cases requested for review(with variation regarding whether cases should be heard when court proceedings are pending) September 22, 2020 55 CITY MANAGER'S BRIEFINGS CIVILIAN OVERSIGHT RESEARCH AND RECOMMENDATIONS ITEM#70862 (Continued) The next two (2)slides provide Immediate Changes Based on the Authority of the City Manager: Enhance Functioning of Review Board Immediate Changes Based on the Authority of the City Manager i. Establish the City Manager's Office as an alternative option for intake of citizen complaints against the Police Department 2. Enhance awareness of the Investigation Review Panel 3. Change the IRP process pertaining to reviews of citizen complaints Enhance Functioning of Review Board Immediate Changes Based on the Authority of the City Manager(continued) 4. Mandate a written response from the Police Department within 3o days for all recommendations made by the IRP 5. Allow the IRP to initiate a hearing on behalf of a citizen Mayor Dyer expressed his appreciation to Ms. Hilliard for the presentation. September 22, 2020 56 CITY MANAGER'S BRIEFINGS OVERVIEW OF A TLANTA CIVILIAN REVIEW BOARD ITEM#70863 5:05 P.M. This presentation was re-scheduled due to technical difficulties. September 22, 2020 57 ITEM#70864 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 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). • Westminster-Canterbury Application for Modification of Conditions September 22, 2020 58 ITEM#70864 (Continued) Upon motion Council Member Moss, seconded by Council Member Wooten, City Council voted to proceed into CLOSED SESSION at 5:08 P.M. Voting: 7-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: Rosemary Wilson Council Members Absent: Jessica P.Abbott—Family Member Illness Louis R.Jones—Out of town Vice Mayor James L. Wood Closed Session 5:08 P.M. —5:55 P.M. September 22, 2020 59 � - .B C S '��s assssyU yi U -Liv _` oL'r:0o.H ew VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia September 22, 2020 Mayor Dyer called to order the CITY COUNCIL SPECIAL FORMAL SESSION in the Virginia Beach Convention Center, Tuesday, September 22, 2020, at 6:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,John D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Louis R.Jones Rosemary Wilson Vice Mayor James L. Wood September 22, 2020 60 CERTIFICATION ITEM#70865 Upon motion by Council Member Henley, seconded by Council Member Wooten, 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: 7-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,John D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott Louis R. Jones Rosemary Wilson Vice Mayor James L. Wood September 22, 2020 y�a`Gakaa B�Acb. p� L% E j u . 5, 1 S \ ? + - s J GR OUR MAOO4s 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#70864 Page 58 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. A da s MMC City Clerk September 22, 2020 61 ITEM-IV.B.1 PLANNING ITEM#70865 The following registered to speak: Ben Unkle, 3100 Shore Drive, Phone: 496-1103, spoke in SUPPORT RJNutter,Attorney for Applicant, spoke in SUPPORT Dick Thurmond, 1601 Arrowhead Point, Phone: 499-9663, spoke in SUPPORT Bill Miller, 1900 Channel Points Lane, Phone: 403-8921, spoke in SUPPORT Randy Royal, 4525 Main Street, Phone: 213-8600, spoke in SUPPORT Perry Aycock, 3100 Shore Drive, Phone: 919-608-0252, spoke in SUPPORT Katherine Bernstein, 2323 Urchin Road, Phone: 406-6567, spoke in SUPPORT Sandra Parker, 3197 Stonewood Drive, Phone: 650-7233, spoke in SUPPORT Valerie Proctor Greene, 3804 Poplar Hill Road, Chesapeake, Phone: 414-6247, did not respond Hoyt Duff, Lynnhaven Shores, Phone: 287-5839, spoke in SUPPORT Burrell Saunders, 222 Central Park Avenue, Phone: 506-0440, spoke in SUPPORT Ron Ripley, 808 Newtown Road, Phone: 460-4604, spoke in SUPPORT Henry Jarrett, III, 805 Kings Creek Drive, Phone: 652-0125, spoke in SUPPORT Donna Overstreet, 801 Cypress Avenue, Phone: 943-1328, spoke in SUPPORT David Dillard, 2000 N. Lamar Street, Dallas, Texas, Phone: 214-220-1800, spoke in SUPPORT Kal Kassir, 507 North Birdneck Road, Phone: 491-1111, spoke in SUPPORT Wes Quesenberry, 1875 Old Alabama Road, Roswell, Georgia,Phone: 404-518-7847, spoke in SUPPORT Linwood Branch, 10th and Atlantic, Phone: 428-6141, spoke in SUPPORT Terry Jenkins, 3100 Shore Drive, Phone: 496-1726, spoke in SUPPORT John Berotti, 1317 Executive Boulevard, Chesapeake, Phone: 382-0002, spoke in SUPPORT Jeanne Lauer, Ocean Shores Condo Association, Phone: 466-7055, spoke in OPPOSITION Paul Terkeltaub, 2416 Ocean Shore Crescent#302, Phone: 630-3774, spoke in OPPOSITION Gerald Sandler, Lesner Point on Chesapeake Bay Condo Association, 3220 Silver Sands Circle, Phone: 481-2036, spoke in OPPOSITION Lisa Leidig, Lynnshore Condos Board Member, 2312 Starfish Road, Phone: 724-6743, spoke in OPPOSITION Tom Forrest,Lynnhaven Colony Civic League, 2420 Ocean Shore Crescent, #302,Phone:460-5466,spoke in OPPOSITION Jamie Forrest, 2420 Ocean Shore Crescent#302, Phone: 460-5466, spoke in OPPOSITION Pete Salant, 2904 Brighton Beach Place#207, Phone: 285-8900, spoke in OPPOSITION Stacey Salant, 2904 Brighton Beach Place#207, Phone: 285-8900, spoke in OPPOSITION David Link, The Vineyard at Seashore Condo Association, 2900 Brighton Beach Place#302, Phone: 362- 8165, spoke in OPPOSITION Joanie Dunham, 2428 Ocean Shore Crescent#302, Phone: 609-876-8258, spoke in OPPOSITION Empsy Munden, 2760 Ocean Shore Avenue, Phone: 869-5785, spoke in OPPOSITION Fred Levitin, 2424 Ocean Shore Crescent#401, Phone: 425-0102, spoke in OPPOSITION Patricia Piper, 2312 Starfish Road, Phone: 496-2449, spoke in OPPOSITION Marina Liacouras, 2540 Ships Watch Court, Phone: 633-024, spoke in OPPOSITION Mary Sykes, 2428 Ocean Shore Crescent#401, Phone: 321-9864, did not respond September 22, 2020 62 ITEM—IV.B.1 PLANNING ITEM#70865 (Continued) Todd Solomon, President — Shore Drive Community Coalitions, 2260 First Landing Lane, spoke in OPPOSITION Steven Marsey, 511 Bunker Drive, Phone: 818-3191, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Andy Baan, 2711 Point Ana Drive, Phone: 708-5229, spoke in OPPOSITION Tim Solanic, 3612 Dupont Circle, Phone:287-0320, spoke in OPPOSITION Wally Damon, 2242 Greenwell Drive, Phone: 918-6662, spoke in OPPOSITION Mark McConathy, 2137 Bayberry Street, Phone: 375-4362, spoke in OPPOSITION Doug Bray, 2316 Beach Haven Drive, Phone: 286-3858, did not respond Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in OPPOSITION Craig Bisek, 3100 Shore Drive, Phone:217-2252, spoke in SUPPORT Shirley Wharton, 3100 Shore Drive, #PH51, Phone: 217-2322, spoke in SUPPORT Michele Alfano, 3100 Shore Drive, Phone: 217-2216, spoke in SUPPORT Caryl Felty, 3100 Shore Drive, Phone: 496-1679, spoke in SUPPORT Captain David Carre, 3100 Shore Drive, Phone: 217-2342, spoke in SUPPORT Dr.Amir Hajimomenian, 6160 Kempsville Circle, Norfolk, Phone: 354-2885, spoke in SUPPORT Wes Quesenberry, 1875 Old Alabama Road, Roswell, Georgia, Phone: 404- 518-7847, did not respond Diane Werbel, 2421 Ocean Shore Crescent#203, Phone: 560-2164, spoke in OPPOSITION Larry Zoeller, 2428 Ocean Shore Crescent, Phone:286-1246, spoke in OPPOSITION Steven Annunziato, 2420 Ocean Shore Crescent#301, Phone: 610-573-9312, spoke in OPPOSITION Patti Gandy, 102 Willow Drive, Phone: 718-8530, spoke in OPPOSITION Paul Cascio, 2420 Ocean Shore Crescent#201, Phone: 961-1068, spoke in OPPOSITION After City Council discussion, Council Member Berlucchi, seconded by Council Member Tower, made a motion to APPROVE, Application of WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977) (Deferred from August 25, 2020) DISTRICT 5 — LYNNHAVEN Council Member Moss then made a SUBSTITUTE MOTION to DENY Application of WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged,disabled and handicapped for the properties located at 3100 Shore Drive(Approved November 14, 1977) (Deferred from August 25, 2020)DISTRICT S—LYNNHAVEN As there was no second, the motion FAILED September 22, 2020 63 ITEM—IV.B.1 PLANNING ITEM#70865 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Tower, City Council APPROVED, AS MODIFIED, Application of WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977) (Deferred from August 25, 2020)DISTRICT 5—LYNNHAVEN WESTMINSTER CANTERBURY ON CHESAPEAKE BAY for a Modification of Conditions re home of the aged, disabled and handicapped for the properties located at 3100 Shore Drive (Approved November 14, 1977) (Deferred from August 25, 2020) (GPINs 1590004510,1590100553, 1590101535, 1590102542, 1590009984, 1590009705, 1590100956)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. All conditions except for Number One (1) attached to the Conditional Use Permit for the Home for the Aged,Disabled, and Handicapped dated June 9, 1998,shall remain in effect. 2. The Property shall be developed in substantial conformance with the conceptual site plan entitled "SITE PLAN- CUP," dated November 8, 2019, and prepared by D2 Architecture (the "Site Plan'), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The quality of architectural design and materials of the buildings to be constructed on the Property, when developed, shall be in substantial conformance with the exhibit prepared by D2 Architecture, entitled "ELEVATIONS— CUP, " and dated June 15, 2020 Oeteber 31, 2019 (the "Elevations'), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. 4. Landscaping installed on the Property, when developed, shall be in substantial conformance with that shown on the exhibit prepared by WPL, entitled "CONCEPTUAL LANDSCAPE MASTER PLAN," and dated July 21, 2020, January 24, 2020 (the "Landscape Plan'), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. 5. The Property, when developed, shall not exceed a total of 674 Independent Living units, 75 Assisted Living units, 48 Memory Support units, and 108 Skilled Nursing units. Total parking provided will be 1,096 parking spaces. September 22, 2020 64 ITEM—IV.B.1 PLANNING ITEM#70865 (Continued) 6. Prior to the approval of the construction plans, the applicant shall obtain City Council's approval for the encroachment of the proposed pedestrian bridges over Starfish Road and Ocean Shore Avenue. 7. Prior to the approval of the construction plans, the applicant shall have obtained the approval of City Council to relocate the existing public beach access easement from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line. 8. The applicant shall be responsible for any access improvements deemed necessary by Public Works/Traffic Engineering Staff upon completion of the review of the submitted traffic impact study. 9. The independent living building, when constructed, shall have a dock area and trash bays which are fully enclosed with doors and include heavy duty sound attenuation panels lining the walls and ceilings inside the dock area. In addition, an eight(8)foot tall masonry wall lined with brick and supplemented with additional landscaping shall be installed opposite the dock area, along the length of the eastern property line. The exact species of the various types of landscaping along the wall shall be determined at final site plan review. 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 22"d day of September Two Thousand Twenty. Voting: 5-2 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Aaron R. Rouse Council Members Absent: Jessica P.Abbott Louis R. Jones Rosemary Wilson Vice Mayor James L. Wood Council Members Jones, Wilson, and Vice Mayor Wood,previously filed letters of abstention September 22, 2020 09L 9Z9 00g 5LE 05Z 5Z6.Z90 6upin8 as No alsiy antra ioi 6uiiled aAua aaogS 001.E suluoz suo6AIod-AuadoJd { �� At g aleadesago uo AJngaalue3 Je;suiva4saj apg r A r0 \- _f� o -,r �'-8 ,:-\. .� _- c0 a - 0 -- y �Za d CZ 8 d `� �, • \\\,,% g0_ � �` ` 0 uQ aaouS \'s\''' \`� t 8 ,____z,-,e-\ \___\„\Z, ' ----7-: 5, Z /4 -0 -a5 -,77/0/ r \--,)„\--:— • - _� (- , 0 ,,--- c__ _..... .c.„ , of/ 0 1019 '' .,c. , _ .-,vi iip': ,---, \ .„--..) \.sz,-., ------L-,ftJ- [ -� ?` 0/ / �r. C tip,' - -- \-\ ' r 0 i2li"e 7/, / trir' 111, % '--- .3 : ..... N. - C:1 \L j, 0 - 4, dm, : ; 1.--;-0.11 ,-, z , , ''';'\ 0\411. 0 ,----\ . Ciek-9, '\ fil# 0 ,(, , ire/ /. • ,________ , \ ,,,. tioliK_ __ ,_,_, _=_J_,_ _., , . A e . i/ .. .__ /4 ,,,-,, ,t7_8 it 0 _____ _., i\ t7-9 ,. , -,‘- t.i ., 1B:--.io)i/7r/,/,,,f iA/oAl fa. i-,,i.i. --',,„-L-'.\.-_-__-r_-,-\, 017 r#:AI f. °a i ••Ir 17✓ 1 , J14`0.141A.BE4 c, v City O4. of Vir it iia Beach ° 2 „Ar 4- Op OUR NAS��N LOUIS R.JONES PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669 Refer to File No.0067676 July 28, 2020 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Westminster Canterbury on Chesapeake Bay for a modification of conditions to a conditional use permit for property located at 3100 Shore Drive. 2. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk, Virginia. Several years ago, Holloman-Brown Funeral Home entered into a contract for services with the applicant, and that agreement remains in effect. 3. I will abstain from participating in the City Council's consideration of this item. Please record this declaration in the official records of the City Council. Thank you. Sincerely, Louis R. Jone Councilmember LRJ/RRI 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 'N.,'"t� '•8 4c City c f Virginia Seach 1 (Tx* r ti r R OUR NPSl°,,714 ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 Refer to File No.0067730 August 25,2020 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code§2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F),Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Westminster Canterbury on Chesapeake Bay for a modification of conditions for property located at 3100 Shore Drive. 2. I am a real estate agent affiliated with Howard Hanna,and I have a personal interest in the company because I receive commissions from the company. Its Oceanfront office is located at 303 34th Street Suite 102,Virginia Beach, VA 23451. Mr. Richard B. Thurmond serves as Chairman of the Board of Howard Hanna Real Estate Services for Virginia and North Carolina. He also serves as Chairman of the Board of Westminster Canterbury on Chesapeake Bay. 3. I will abstain from voting on this application. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- August 25,2020 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, Rosemary A.W n Councilmember RAW/RRI 60A•BEAc Jti4` 4' - City of Virginia Beach. 4s " S �V 9 OF OUR 1011D4 VBgovcom JAMES L.WOOD MUNICIPAL CENTER VICE MAYOR BUILDING 1,ROOM 281 DISTRICT 5-LYNNHAVEN 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)785-4342 FAX(757)340-2082 Refer to File No. 0067706 JLwooD4;tvecov.coM August 25, 2020 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Westminster Canterbury on Chesapeake Bay for a modification of conditions for property located at 3100 Shore Drive. 2. Shore-Urchin, L.L.C. owns property adjacent to the property that is the subject of this application and that is located at 2301 Urchin Road. I have a personal interest in Shore-Urchin, L.L.C. Its principal office address is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 3. I am abstaining from voting on this application. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, v,,f J. -s L. Wood Vice Mayor JLW/RRI 65 ADJOURNMENT ITEM#70866 Mayor Robert M. Dyer DECLARED the City Council SPECIAL SESSION ADJOURNED at 9:47 P.M. . 'us Chief Deputy ity Clerk a d arnes, MC Robert M. Dyer City Clerk Mayor September 22, 2020