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Home My WebLink AboutDECEMBER 8, 2020 FORMAL SESSION MINUTES lit\p��bs a 1\44 trs of fl OUR Rak o� AT VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 8, 2020 Mayor Dyer called to order the CITY COUNCIL'S BRIEFINGS in the Virginia Beach Convention Center, Suite 5, on Tuesday, December 8, 2020, at 2:30 P.M. Council Members Present: 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: Jessica P.Abbott—Arrived at 4:39 P.M 2 CITY COUNCIL'S BRIEFINGS PUBLIC DEFENDER PAY PARITY ITEM#71104 2:33 P.M. Mayor Dyer welcomed Cal Bain, Virginia Beach Public Defender's Office. Mr. Bain expressed his appreciation to City Council for their continued support: I t PAY PARITY FOR \dry PUBLIC DEFENDERS Equal Justice Requires Equal Pay r Here is an overview of Public Defender roles and responsibilities. - 7 i./ v\ N PUBLIC DEFENDERS ARE A VITAL PART OF THE JUSTICE SYSTEM Most people represented by an attorney are represented by the Public Defender's Office • Public Defenders represent indigent people charged with crimes in the City of Virginia Beach. The Office handles thousands of cases a year. • The Office works to prevent wrongful convictions and helps keep the system honest by fighting constitutional violations. • Public Defenders connect clients to treatment and resources to reduce recidivism. • The Public Defender's Office keeps families together by fighting unnecessary pretrial detention. December 8, 2020 3 CITY COUNCIL'S BRIEFINGS PUBLIC DEFENDER PAY PARITY ITEM#71104 (Continued) The City does not provide supplemental funding to the Public Defender's Office: .t �'• 1 NO Funds are G THE CITY PROVIDES provided by the SUPPLEMENTAL FUNDS TO THE City to the Public COMMONWEALTH ATTORNEY Defender's Office Here is an overview of"Great Disparity In Compensation": GREAT DISPARITY IN COMPENSATION Comparison of Salary Starting Salary is nearly $20,000 more in Commonwealth Office& Disparity grows from there sr00000 CO % Disparity in starting 50.000 CO psGlarles I " �::`:�9 Disparity between Senior �iiCWAD�0/PD Atty II 80.6% Disparity between cc+if'c''�� ,t//� ,a d" e'" Stiper�ising Prosecutors/Pybtk December 8, 2020 4 CITY COUNCIL'S BRIEFINGS PUBLIC DEFENDER PAY PARITY ITEM#71104 (Continued) The next two (2)slides provide an overview of consequences contributed to pay disparity within the Public Defender's Office: PAY DISPARITY = HIGH TURNOVER, INEXPERIENCED ATTORNEYS & LOW MORALE Funding one side of the courtroom while neglecting the other creates on mc(Ion l ci stice system. A better-equipped Public Defender's Office provides clients with their constitutionally- k _ required zealous representation, seeks out evidence for innocence, mitigation, and iv constitutional defenses, and assists clients with treatment and support. A stronger ,r ; Public Defender's Office helps work toward / --- a safer,more just and fair city. EXPERIENCE MATTERS •:•The Virginia Beach Public Defender's Office has had a 15% to 20% attorney turnover in each of the last 4 years, with most of these attorneys leaving for financial reasons. •1* 3 of the 4 attorneys who have left most recently left for a position in a Commonwealth Attorneys Office -- 2 of them went to the Virginia Beach Office. Disparity in compensation makes it difficult to retain experienced,talented attorneys. • Public Defenders handle complex cases with clients • Because the Public Defender's Office does not who may suffer from mental health, addiction, receive a supplement, the difference in homelessness,trauma,and other challenges.Having compensation means that good attorneys are an attorney who is knowledgeable and skilled is trained,gain courtroom experience,and often leave crucial to providing a good defense. for higher paying positions in prosecution offices or with private firms. • December 8, 2020 5 CITY COUNCIL'S BRIEFINGS PUBLIC DEFENDER PAY PARITY ITEM#71104 (Continued) Y SE VIRGINIA BEACH IS BEING UNDERSERVED BY THE ' IMBALANCE IN FUNDING BETWEEN PROSECUTOR & ,�' P PUBLIC DEFENDER OFFICES � \ This year,as catxnuiltes deal with the array of Injustices in the criminal justice , system, it is time to address this • • k' Inequity. An equitable criminal - justice system begins with equal pay for prosecutors and public a- defenders. A.A, 4', \\ Mayor Dyer expressed his appreciation to Mr. Bain for the presentation. December 8, 2020 6 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 3:33 P.M. Mayor Dyer welcomed Dr. Demetria Lindsay, Director — Virginia Beach.Public Health. Dr. Lindsay expressed her appreciation to City Council for their continued support: Virginia Beach •• Public Health COVID-19 Cases in Virginia Beach DECEMBER 8,2020 Demetria M.Lindsay,MD Public Health Director VOH:, This chart provides COVID-19 Daily Case Reports in the City between March 3rd and December 7th: Virginia Beach Public Health Epidemic Curve Ray at Home COVID-19 Daily Case Reports with 7-day a:era¢e —TFife3 NR Rekau o(Phxe3 Vhae3 Order Phae1 Mtn!2 RRese3 Restrfctbin HR Restrictions Restrictions 350 313 300 275 250 225 200 t25 (I 1 I I 0 't I It I 1II.,I1 `.Lt z _ - 1.J J1ts. .1 . �rI .J1 J n - L" a VDH December 8, 2020 7 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) As of November 28, 2020, the Eastern Region is showing an increase in cases: Eastern Region - Moderate Community Transmission Moderate Burden,Fluctuating Trend Burden,Eastern Bevan Week Ending 11/28/2020 CURRENT PANDEMIC STATUS ■ se W.. Activity Level by Region,Week Ending 11/28/2020 ^�l6 t, voe to',ee• 6 1]0 MO ■ in,.e,+Ta t Ro w ae0 Qoee..te 0«.e,ore ir mmum,i Trend,Eenern Re,.week Ending 11/21/2020tiff1/ I2 ■ «wnnr Deer,,.:, 4 VOH:r.,':;;," The next three(3)slides provide COVID-19 Pandemic Metrics: Indicator Values COVID-19 PANDEMIC METRICS Individual Metrics Burden and Trend,12/7/2020 1 REGION METRICS neut a a;,d.ar us. Im >m.ar' wva.sews 000. Tna e.seeas tM bva<a et le tten.as ems an. LOCALITY METRICS see;....,:e. :euur:Vs:V., ..wn VOH ; December 8, 2020 8 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) COVID-19 PANDEMIC METRICS Individual Metrics Burden and Trend,12/7/2020 REGION METRICS 10.196 !h.__— ' __A LOCALITY METRICS Ahn..!M n on,nenr r . 1 VDHKiri:a.- DAILY REGION METRICS What n the oisit rate per ED viHto for(. 100.000� ioo eaoeE for 2'... tomtit totit tnz. of 14 an so the mane of EO rests for CU n cons+dere0 to be o Wresting 10.5 16 What is the rate of KU nospto 0000ns ne. curtest confirmed(OVID been Intrtitn4 foe 1S ICU hospitalitaoons per daysmsnS test 300.0002 ts•0 of 24 efts sc toe numb,'o'ICU hospuheaoons n C tC b! increasing * December 8, 2020 9 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) This chart provides Age Distribution of Cases Compared to the Population Age Distribution: Age Distribution of the Cases Compared to the Population Age Distribution tech P.WIc Vic». M% 35% 20% 19% ,t tw 15% 14% ax a tax t9x lo% sx s% 1 II Ili 0-5 Teen 10-19 Yem 2619 Yews So-!Yeen 40I5 Yuen 50-59 Yens 5049 Yeas 70-75 Yeats a0a Teen Are Groups .�.�.. 1Vl�H Source:VEDSS Data Dec.5&Atlas Statistics Here is the Trend in Age Distribution of the Cases vs. Hospitalized Cases: Trend in Age Distribution of the Cases vs.Hospitalized Cases 141.. Public Hc.Irh Age Stratified Cumulative Number of COVID-19 Cases Over lime Are Stratified Cumulative Number of COVID-19 Hosuitalued Cases Over Time 3500 • 299 e.rtetsTwn —6-60.y..r 3M Eum 1" i e 20 SCO 0 Manh.31 49.9.e0 Mry.33 lune.30 Iuly.30 312331 .p.30 e2,30 Nov30 Dec.05 N..n..r y.3..p 33.333 33.3,30 wham wa> oe3e Nsr.w arras Time in Months Time in Months Source:VEDSS Data Dec.05 December 8, 2020 10 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) The next two (2)slides provide Demographic Characteristics of Cases: i let Demographic Characteristics of Cases Vrginia Beach)41 ♦ Puhhc rlcalrh Cases by Race Race Distribution(%)of the Cases and the Race •Asian•ae3 Distribution(%)in the Population BIacklAfrican American4628 eo% 56% Hispanic or Labn0Ot34 4% •Cat._ Whhe•4e88 so% 14% Other Race.=629 41% Unknown=1391 aox 31% 6% 24% de 30% 27% 20% 16% I 8% II u.c I% 4% �6% =4% HkpankkfLatine Other Race 44% Race The race is known for 73%of the cases Source:VEDSS Data Dec.5 VQHrw. r RACE AND ETHNICITY ATTACK RATES (per 100K) Virginia Beach Cumulative Race and Ethnicity Attack Rates(per 10Ok) • Black spi and Latin%populations have much higher case, hospitalization,and death rates 2000 • Disparity is more pronounced in some districts than others • Based on 2019 census race-ethnicity data by county 0 r I `�O�OCI:)' �1�0�0 Asian or Pacific Islander Black Latino C1C311 6:3 CI Two or more races {: White December 8, 2020 11 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) This chart provides Hospital Demand and Bed Capacity by Region: Hospital Demand and Bed Capacity by Region Capacities*by Region—Adaptive-LessControl COVID-19 capacity ranges from 80%(dots)to 120%(dash)of total beds 25K---- C..V" -. Eastern Far SW 000 0: E 2OK; 200 { 1 If Adaptive—Less g 1 5K I moo; Control Scenario SIC I persists: "c, /`Sort • All regions approach / soo.0 I s000q / Saoo initial bed capacity this ,�,,/�1_......��,...._fff winter 00; _ no- „-, o.• - ---, • Over capacity may tows'"' oru.n w.ur..s occur in Eastern Region by late InK�,' ]OK 10[ January )5001 70k '" Wa0.0 g a 500.01 i 500.0 sn0o,, 1O` no.o oo_ __ 0.0 0.0 __ Why Provide Mass Vaccinations? Vaccines reduce the number of susceptible individuals in population •Prevents morbidity and mortality due to illness • Reduces transmission through herd immunity 1' . ,. . tett 411 >29411 -0 >0 Wagon neovary naive,- vaccination December 8, 2020 12 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) Here are COVID-19 vaccine candidates: COVID-19 vaccine candidates Company Type of vaccine Current stage Modema mRNA Phase 3 Pfizer/BioNTech/Fosun Pharma mRNA I Phase 3 Astra-Zeneca Viral vector(simian adenovirus) Phase 3 Johnson&Johnson/Janssen Pharmaceuticals Viral vector(human adenovirus) Phase 3 Merck,Sharpe&Dohme Viral vector(recombinant VSV) Phase 2 Adapted tram:Nundlesimmtkori mmmtgi n✓1dWtr11,176e UpOetederr Mom:us wnmmanng, 2? KVINOP.A. ntveilsEm uoUtt olgw.ry, VDHx ;';u Here are the Key Planning Assumptions: Key Planning Assumptions ❖Awaiting Emergency Use Authorization of Vaccine-ACIP • Note short cut,6J gin_-nccd ency of rigcross,required process • Data(if confirmed by ACIP)reflects strong vaccine performance and safety profile. :Unique storage and handling requirements—Pfizer—ultracold temps ❖Limited C0VID19 vaccine doses MAY be available in December.Availability will increase substantially in 2021. ❖Most will require two doses,separated by>21 or>28 days :Will utilize POD concept for mass dispensing .Distribution of vaccine with involve partnership/collaboration with public and private entities—public health,hospitals,pharmacies,private providers • VD'.I anticlr-tes `earth departments could vaccira:e 35%of the population .Vaccine will be free. • It is possible some private providers could charge an administration fee. •:•Plans are subject to change OH .";�^ December 8, 2020 13 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) COVID19 Mass Vaccination VDH has established a Virginia Vaccine Advisory Workgroup •Vaccine safety and efficacy •Develop partnerships •Barriers to vaccination •Communication and messaging • Health Equity is a priority Open&Closed Points of Dispensing(PODs)have been exercised City of Virginia Beach is actively engaged in partnering for mass vaccination planning VDH The demand for COVID-19 vaccine is expected to be high and initially outpace the supply: CDC Advisory Committee on Immunization Practices(ACIP) Initial COVID-19 Vaccine Allocation Recommendations Process • Healthcare personnel(21M) • Scientific data • Long-term facility residents • Implementation feasibility Other groups in consideration • Ethical principles • Other essential workers(87M) 1. Maximize benefits and • Adults with high-risk medical minimize harms conditions(>100M) 2. Promote justice • Adults aged 65 years(53M) 3. Mitigate health inequities 4. Promote transparency 1B Source:www.cdc.gov/mmwr/volumes/69/wr/pdfs/mm6947e3-H.pdf December 8, 2020 14 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) Here is an overview of the COVID-19 Vaccination Phased Approach: COVID19 Vaccination Phased Approach ra,.r.r,t. Maw tttalaa/ae el Doom w.wa C.rwhmad Vse.irfbn. _ —. .. !gilt Y Routine Watogy lee.Mn.ea.a.a,x aw. ratI.Ne r\ _. \ WPIIII° Iaras. • •••.M..a.e a**And •law..aana•.W. ..•tw�..r a.....st.owe...I.+ev. .,.. a,.s. • ...rr..«.w "..s`a.a........... .tea.. .. .,..�..ow coin.. Here is the Virginia COVID-19 Vaccine Prioritization Process: Virginia COVID 19 Vaccine Prioritization Process-Last Updated 12-4-20 CW.p.mvaccine ad NW teo,mew Pno.VV-8.ra ITC eesdentya•.,r CV,tWei,en. mill I...sufft,ntanro.n.for n,e nbnt.VOW li19 Va.,*Ono nuln aKormeMaoon..eh.to n horn COND 19VAW,; and P'rnae•oahto Vona[ VOMAl 8..e,hr.! menmtrons(m.p.,ry &diktat., V4W•Virtinu'aCOVID 19Medga A*iiao•YWa tte. VOMAC•V.gina Drsesty Heckel M�ismV Canrnitter e VOH ?:;':i,i, December 8, 2020 15 CITY COUNCIL'S BRIEFINGS COVID-19 UPDATE ITEM#71105 (Continued) Local Health Department Preparation • Ensure equitable distribution of vaccine in their localities o Health systems and extensive network of providers o Essential workers o At risk populations o Everyone • Finalize vaccine clinic plans to add physical distancing • Recruit volunteers(MRC)as"force multipliers" • Hire contract staff • Order ancillary supplies • Prepare for"push packs"of PPE from VDEM • Training,including: o New CDC information management systems o Logistics like handling dry ice safely ,g o Management and administration of new vaccines `/Q�.�,;°;��M,,, Zee& can, soi,day .97"1,a,pa &Pm, December 8, 2020 16 CITY COUNCIL'S BRIEFING COVID-19 UPDATE ITEM#71105 (Continued) L w AW*eve day✓�anwe.Y o, HEALTHCARE WORKERS ir imilik 1. 5ñA1'1l OME WHEN SICK Yew am*eve day Xlikaea glom," FOOD SERVICE WORKERS :-* ' - .114bL. ,._. -14 ilk WEAR MASK & AVOIDCROWDS December 8, 2020 17 CITY COUNCIL'S BRIEFING COVID-19 UPDATE ITEM#71105 (Continued) X...can.aa day Xidanwe Jam,✓ FIRST RESPONDERS/PUBLIC SAFETY ate. i • -� ` `� ,wiz% - <_... .{,�,` I WASH YOUR HANDS Yew,oars ode day.9 gi PUBLIC TRANSPORTATION k. ( )6 i !, Itli. _ Ai _it t t , , ,,,i.......„___tr.. „...„:„,t ,,, , i _,_____, _, _. /. L MAINTAIN SOCIAL DISTANCE December 8, 2020 18 CITY COUNCIL'S BRIEFING COVID-19 UPDATE ITEM#71105 (Continued) Af...4.7.9Z...e..u..v PUBLIC HEALTH a g P •P ice �^ Wit , IF EXPOSED STAY AWAY FROM OTHERS CELEBRATE HOLIDAYS AT HOME Mayor Dyer expressed his appreciation to Dr. Lindsay for the presentation. December 8, 2020 19 CITY MANAGER'S BRIEFINGS LOCAL COVID-19 RELIEF FOR VIRGINL4 AQUARIUM&MARINE SCIENCE CENTER ITEM#71106 4:19 P.M. Mayor Dyer welcomed Cynthia Whitbred-Spanoulis, Director— Virginia Aquarium. Mrs. Whitbred- Spanoulis expressed her appreciation to City Council for their continued support: nwavering ;» Cynthia W.Spanoulis.Executive Director Virginia Aquarium Foundation Sal DaBiero,Chair Virginia Aquarium Foundation —ram. „... • r.. VIRGINIA AQUARIUM COVID 19 IMPACTSNGINIA AC>UARIUM Dec. 1,2020 City Council """" " The Virginia Aquarium Foundation has contributed$1 Million to the Aquarium's operating budget and $30-Million in capital projects over the past thirty(30)years: ¢JTY FOUNDATION Building&Grounds `•_ 4 ,, Animal Acqukftions Animal &Grounds `i Stranding Response Admissions Revenue \ Animal Enclosures Retell Revenue -� r"" Educational Programs Membership Revenue Fundraising 110 FTEs Exhitdts 22 FTEs FY 2020 FY 2020 $6,704,309 Earned Revenues S4,172,116 Revenues S2,539,941 General Fund $9,244,250 Total tik) 2 c . December 8, 2020 20 CITY MANAGER'S BRIEFINGS LOCAL COVID-19 RELIEF FOR VIRGINIA AQUARIUM& MARINE SCIENCE CENTER ITEM#71106 (Continued) FOUNDATION PARTNERSHIP CONTRIBUTED$3,664.485 IN FY20 TO SUPPORT THE CITY OF VIRGINIA BEACH �411k' In . RESEARCH& • �VIM ANIMAL CARE i CONSERVATION &REHABILITATION N. 9 � rr•y Y, -.t;F � EDUCATION& z } - LEARNING RESOURCES nott I♦� I. •/ AQUA],U, Here is a picture of the new Darden Marine Animal Conservation Center and the Renovated&Expanded Marsh Pavilion scheduled to open in 2021: NEW DARDEN MARINE ANIMAL CONSERVATION CENTER OPENS SPRING 2020 State-of-the-art Research Facility for _ stranded animals&quarantine for collection animals NEW SOUTH BUILDING ( - - ' 710111BEEF' ^� OPENS SUMMER 2021 '- ' r -1 / Renovated&Expanded Marsh Pavilion --` _ with jellies.otters and octopus exhibits. - = ' T vet center&kids'play area �- f` ' '�.�,,. ':� • 4 . � �.: •i RI December 8, 2020 21 CITY MANAGER'S BRIEFINGS LOCAL COVID-19 RELIEF FOR VIRGINIA AQUARIUM& MARINE SCIENCE CENTER ITEM#71106 (Continued) During the pandemic, the Aquarium was closed for ninety-six (96) days. As a result, the Foundation lost over $1-Million in earned revenues from food service, the Adventure Park, boat trips, educational programing and photo sales: Foundation lost$1.095,786during Covid in Earned Revenues FY20 • • Due to the COVID-19 pandemic the Virginia Aquarium was closed `•� March 16 to June 15(96 days).but animal care was still 24"7. F-��• .y � • We created new(free)virtual learning resources.shifted a lot to ` ._ s.• digital shared behind the scenes content on social channels and developed a virtual run fundraiser a l TS • A successful Closed But Still Caring campaign was launched to a encourage fans to donate(raising over$10.000). ?r ' • New safety procedures were added for guests staff volunteers,andf. -, our animals once we reopened a a Closed but Still Caring 5 NAVIGATING UNPRECEDENTED TIMES The Food Service Vendor exercised the "Force Majeure Clause", ending their contract: l 1 FOOD SERVICE VENDOR I • Food Service Vendor exercised Force Majeure clause •' t • Left in Year 3 of a 10 year contract • Restaurant Equipment History _ • - t r �r w1}'~ 1111 if Wig 11111 4 6 December 8, 2020 22 CITY MANAGER'S BRIEFINGS LOCAL COVID-19 RELIEF FOR VIRGINIA AQUARIUM& MARINE SCIENCE CENTER ITEM#71106 (Continued) The Aquarium Foundation Efforts to Mitigate Shortfalls included providing salaries to twenty-two(22) Full-Time Employees (FTE's): AQUARIUM - • Turtle Trot-Virtual 514 Run•M'alk • Night at the Aquarium-Virtual Auction _- • Closed But Still Caring Paid Advertising Campaign • Virtual Education Programs • Halloween at the Aquarium(2 nights)Evening Hours • Hob Rays at the Aquarium(6 nights)Evening Hours • SEAson for Giving Campaign • Special Boat Tnps-FantaSEA&Star Gazing • Gott Classic Fundraiser • Virtual Shoutouts with our animals • REIPCMI —a 4 —._.:".. i qVirgla. 1 14 ¢5 -- continued to support 22 FTEs for Support of the Virginia Aquarium The Virginia Aquarium Foundation is requesting City Council's approval of$335,730 in local COVID-19 Relief Funding: Help us sustain these Animals.our Mission. and our Partnership by approving the$335,730 in local COVID-19 Relief Funding! .;*...- O s -•. .7. • e . . .: . ),.....A. ite.t!". " 1 , . - . ' • I sN'm . -i.giorr,,,04. .. id •t • Mayor Dyer expressed his appreciation to Mrs. Whitbred-Spanoulis for the presentation. December 8, 2020 23 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 4:28 P.M. Mayor Dyer welcomed Kevin Kielbasa,Principal Accountant—Finance and Aires Coleman, CPA,Director — Clifton Larson Allen. Mr. Kielbasa expressed his appreciation to City Council for their continued support: I..4 # ...^. AUDITED FINANCIAL - RESULTS FOR THE FISCAL YEAR ENDED ... 4 JUNE 30,2020 111B ,-,- . --. -7 ,.... DECEMBER 8,2020 Comprehensive Annual Financial Report . .. CP:- Here is the Agenda: AGENDA •Comprehensive Annual Financial Report (CAFR) •Clifton, Larson, Allen Comments •FY 2020 Audited Financial Statements •Entity Wide Statements-GASB 34 •General Fund •School Operating Fund •Enterprise Funds •TIP Fund and TAP Fund •Debt - June 30, 2020 •Summary December 8, 2020 24 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here is an overview of the Comprehensive Annual Financial Report(CAFR): COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) • Introductory Section •Letter of Transmittal • Financial Section • Independent Auditor's Report • Management's Discussion and Analysis •Basic Financial Statements •Government-Wide Financial Statements-reports net position •Governmental Fund Financial Statements-reports fund balance •Proprietary Fund Financial Statements •Required Supplementary Information •Combining and Individual Financial Statements(ISFs,SRFs,Fiduciary) •Statistical Section • Single Audit (not included in this year's CAFR) • Continuing Disclosures Mr. Kielbasa turned the brief over to Ms. Coleman to provide audit results: 1 P * '7� rr \r WEALTH ADVISORY I OUTSOURCING I A City of Virginia Beach � �bphorturut c 2020 Comprehensive Annual Financial Reporting ( AFR)Results December 8, 2020 25 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here are the Audit Results with no finding of material weaknesses or significant deficiencies: Audit Results Auditors'Opinion on Financial Statements—Unmodified Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards — no material weaknesses or significant deficiencies noted (V Create Opportunities The next three(3)slides provide an overview of Required Communications: Required Communications •Accounting estimates • Financial statement disclosures • No difficulties encountered during the audit • No disagreements with management • No corrected or uncorrected misstatements Create Opportunities December 8, 2020 26 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Required Communications-continued • Management representations • Management consultations with other independent accountants •Audit of group financial statements •Other information in documents containing audited financial statements • Required supplementary information • Supplementary information Create Opportunities Required Communications-continued • Other information in documents containing audited financial statements (continued) o The completion of the single audit and issuance of the report is delayed due to the Office of Management and Budget's(OMB)delay in releasing the Coronavirus Relief Fund(CRF) compliance supplement. The delayed issuance does not affect the City's single audit auditee risk. 0 Create Opportunities December 8, 2020 27 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) CLAconnect.com i 1 Greg Bussink,__ • • . 1 -.111 ' j steli atM • if Aires Coleman, CPA, Director Aires.Coleman@CLAconnect.com m El © to Ms. Coleman turned the presentation over to Mr. Kielbasa to provide the remainder of the presentation. Here is the Comparison of Net Position to Fund Balance: COMPARISON OF NET POSITION TO FUND BALANCE Net Position Fund Balance 'Economic Resources ■Current Financial Measurement Resources *Long-Term operational Measurement accountability ■Near-Term fiscal accountability •Budgetary Compliance •Legal Compliance cove December 8, 2020 28 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) The Statement of Net Position for All City Funds is$9.4-Million: STATEMENT OF NET POSITION - ALL CITY FUNDS JUNE 30, 2020 (IN MILLIONS) Community o.v.lop m.nt City Schools Total Corporation Current Assets $ 1,250.6 $ 273.4 $ 1,524.0 $ 4.5 Capital Assets 4,712.4 551.9 5,264.3 26.7 Total Assets 5,963.0 825.3 6,788.3 31.2 Deferred Outflows of Resources 138.3 174.4 312.7 - Current Liabilities 253.7 118.3 372.0 3.4 Net Pension Liability 417.7 678.8 1,096.5 Net OPEB Liability 103.7 152.7 256.4 - Other Long-Term Liabilities 1,399.4 35.4 1,434.8 18.3 Total Llabillties 2,174.5 985.2 3,159.7 21.7 Deferred Inflows of Resources 46.8 100.0 146.8 Net Position: Net Investment in Capital Assets 3,270.8 551.9 3,822.7 71 Restricted 97.3 52.3 149.6 Unrestricted 511.9 (689.7) (177.8) 2.3 Total Net Position $ 3.880.0 $ (85.5) $ 3.794.5 $ 9.4 CoVB-2 Here is an overview of Primary Government Expenditures: PRIMARY GOVERNMENT EXPENDITURES JUNE 30, 2020 (IN MILLIONS) Total Primary Government Expenditures-$1.546M Education$445 VBDA/Parkmg$15 Interest and Focal Charges$25 Convention&Visitor Development$26 Housing&Neighborhood Preservation$34 Waste Management$35 Other Departments Boards and Commissions Information Technology$37 Finance Public Works$184 Planning Library Storm Water$33 Emergency Medical Services Human ResourcesMuseums Other Departments Parks&Recreation$54 Emergency Communications $145 Cultural Affairs Executive Fire$52 Law Water and Health Sewer$123 General Government$56 Agriculture Hymen Economic Development Services Police$90 Judicial/Sheriff$67 Budget and Management Services $126 Co.•3 December 8, 2020 29 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) The Unassigned Fund Balance as of June 30, 2020, was$152.8-Million or 12.96%of the FY2021 Revenues as required by City Council Policy: GENERAL FUND BUDGET TO ACTUAL JUNE 30, 2020 (IN MILLIONS) %of BUDGET ACTUAL VARIANCE Budget LOCAL $ 1,015.7 $ 1,004.3 $ (11.4) (1.1%) STATE 161.8 165.1 3.3 2.0% FEDERAL 22.6 25.2 2.6 11.5% TOTAL REVENUES $ 1.200.1 $ 1,194.6 $ (5.5) (0.5%) CITY $ 779.8 $ 670.0 $ 109.8 14.1% CITY CAPITAL PROJECTS 53.9 53.9 - - SCHOOLS 417.1 378.0 39.1 9.4% SCHOOL RESERVE FUND 12.4 6.6 5.8 46.8% SCHOOLS CAPITAL PROJECTS 10.9 10.9 -TOTAL EXPENDITURES $ 1,274.1 $ 1,119.4 $ 154.7 12.1% REVENUES OVER(UNDER) $ (74.0) $ 75.2 $ 149.2 FUND BALANCE-JULY 1 230.6 LESS:RESERVATIONS (153.0) UNASSIGNED FUND BALANCE-JUNE 30 152.8 • .12.96%of FY2021 Revenues Here is the Total Fund Balance Reservations: TOTAL FUND BALANCE RESERVATIONS JUNE 30, 2020 (IN MILLIONS: Total Fund Balance June 30,2020 $ 305.8 Less Reservations: Inventories&Loans Receivable 11.2 Community Services Board Restricted Funds 1.5 School Reserve Fund 16.5 School Reversion 39.0 School True-Up (2.7) CARES Funding 39.3 Carryforwards and Encumbrances 14.8 Waste Management Vehicles 2.4 Virginia Aquarium/Parking Lease 2.4 Trust and Gift Funds 1.4 Human Services Electronic Implementation 0.3 FY 2021 School Operating and CIP Budget 0.4 FY 2021 City CIP Budget 26.5 153.0 Total Unassigned Fund Balance FY 2020 $ 152.8 %of FY2021 Budgeted Revenues 12.96% wve-s December 8, 2020 30 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here are the Total Revenues-General Fund: • • TOTAL REVENUES - GENERAL FUND JUNE 30, 2020 (IN MILLIONS) Comparison of FY2020 and FY2019 General Fund Revenues As ofJune 30,2020 0n millions) FY 2020 YTD FY 2019 rim VARIANCES Budget Annul Variance % Actual Actual % •Real Brae Tares 558.7 S 558.9 S 01 0.0 5 539.8 S 1ST 3.5 Personal Property Taxes 1100 112.7 2.7 2.5 106.0 6.7 6.3 Commonweahh-PPTRA 53.4 53.4 (0.0) (0.0) 53.4 - General Sales Las 66.7 67.9 1.2 1.8 66.2 1.7 26 IhOrn,Taxes 26.2 24.1 (2.1) (8.0) 25.2 (1.1) (44) Telecommunications Tares 23.4 21.5 (1.9) (8.1) 22.4 (0.9) (46) Business Licenses 51.9 528 0.9 1.7 49.1 3.7 73 •Hotel Taxes 7.8 6.7 (1.1) (14.1) 7.6 (0.9) (II.8) •Meal Toes 410 382 (2.8) (6.8) 44.2 (6.0) (13.6) •Other local Tares 33.8 317 (2.1) (6.2) 32.4 (0.7) (2.2) (Large for Services 525 48.4 (4.1) (7.8) 54.3 (5.9) (109) Other local Revenues 26.8 24.5 (2.3) (8-6) 29.2 (4.7) (16.1) Commonwealth-Maintenance of Roads 50.0 502 0.2 04 51.0 (0.8) (1.6) Commonwealth-Human Services Reinh 33.6 363 27 8.0 33.1 32 9.7 •Comm,o.oahh-Other State Revenues 24.7 25.2 0.5 2,0 75.9 (0.7) (2.7) • Federal Revenues 226 252 2.6 11 S 226 2.6 115 • Transfers 6om Other Funds 16.9 16.9 - - 94 7.5 79.8 $ 1,200.1'11,194.4 S (5_5) (03) S 1,1718 S 22.8 1.9 •GF portion only t.r.. n-Exceeded budget 0.n-Under budget C0Y9•6 Here are the Total Expenditures-General Fund: TOTAL EXPENDITURES - GENERAL FUND JUNE 30, 2020 $500.000.000 Total FY2020 Transfers then Funds Other- r saso.000.000 Expenditures$1.119M pP° Salaries $400.000.000 Transfers- $350.000.000 Schools S300,000,000 FY 2020 Fringe $250.000.000 Benefits $200,000,000 $150,000,000 Operating $100.000.000 Debt Service Capital Expenses II '' II ,■ Outlay $50.000.000 II II Transfers- Salaries Operating Fringe Transfers-Debt Service Transfers- Capita: Schools Expenses Benefits CIPs Other Fonda Outlay •2020.2019 December 8, 2020 31 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here is the Unassigned General Fund Balance between June 30, 2011 and 2020: UNASSIGNED GENERAL FUND BALANCE AS OF JUNE 30, 2011 THRU 2020 (IN MILLIONS) $200 16.0% 12.9% 11.9% • $150--Y--Sb.7'4 -12.0% 10.4% 10.5% $152.8 • • 9.5% 10.1% 9.9% 10.2% • 9.3% • • • $113.0 • • $118.4 $1•3 6121.3 $100 $107.1 --8.0% tO $102.4 $96.1 $97.0 711 `m m' `o $0 I I 0.09E 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Cl Unassigned GF Balance • %Ot Budgeted GF Revenue .e e The School Operating Fund-Revenues&Expenditures Budget to Actual at June 30, 2020 is$39- Million: SCHOOL OPERATING FUND - REVENUES & EXPENDITURES BUDGET TO ACTUAL AT JUNE 30, 2020 (IN MILLIONS: Budget Actual Variance REVENUES: City-FY2020 Contribution $465.5 $ 465.5 $ - City-School Reserve Fund 5.8 5.8 - State Share of Sales Tax 79.0 79.6 0.6 Commonwealth 284.8 285.1 0.3 Federal Government 12.2 16.7 4.5 Other 3.0 4.5 1.5 Total Revenues $ 850.4 $ 857.2 $ 6.9 EXPENDITURES: Salaries $ 484.6 $ 469.8 $ 14.8 Fringe Benefits 183.6 179.2 4.5 Operating Expenses 120.7 108.4 12.3 Capital Outlay 9.6 11.3 (1.7) Debt Service 43.3 42.9 0.4 Transfers 13.1 11.3 1.6 Total Expenditures* $ 854.9 $ 822.8 $ 32.1 Total School Reversion $ 39.0 *Includes encumbrances of$13.4 million Per City Council policy.amount reverted back to City is reappropriated back to the schools. In addition to reversion. total revenue True-Up(34.11%of non-dedicated Local Taxes)of$(2.724.329)was reappropriated to schools in FY2021. COB-9 December 8, 2020 32 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here is an overview of the Enterprise Funds: ENTERPRISE FUNDS STATEMENT OF NET POSITION AT JUNE 30. 2020 (IN MILLIONS) Water and Waste Sewer Stoma Water Management Parking Cash and Investments $ 102.8 $ 35.8 $ 12.4 $ 4.4 Cash and Investments-Restricted 64.0 8.4 - - Receivables 19.2 6.1 5.4 - Inventory 3.3 - - - Capital Assets 725.1 430.1 6.0 0.4 Deferred Outflows 6.2 2.6 1.7 0.1 Total Assets+Deferred Outflows 920.5 483.1 25.6 5.0 Current Liabilities 24.1 9.5 2.2 0.3 Compensated Abscences 1.0 0.2 0.5 - Bonds and Notes Payable 185.8 66.2 - - Net Pension Liability 21.5 9.5 5.5 0.3 Net OPEB Liability 2.4 1.5 0.9 0.0 Deferred Inflows 2.0 0.6 0.7 Total Liabilities+Deferred Inflows 236.9 87.5 9.8 0.7 Net Investment in Capital Assets 524.7 360.4 6.0 0.4 Future Debt Services 18.0 3.4 - - Unrestricted(deficit) 140.9 31.7 9.7 3.8 Total Net Position 683.6 395.6 15.8 4.2 cove-i., ENTERPRISE FUNDS STATEMENT OF REVENUES EXPENDITURES AND CHANGES IN NET POSITION AT JUNE 30, 2020 (IN MILLIONS) Water and Waste Sewer Storm Water Management Parking Charges for Services $ 130.4 $ 44.8 $ 37.2 $ 4.7 Miscellaneous - - 0.9 Operating Revenues 130.5 44.8 38.0 4.7 Cost of Goods Sold 29.9 - - - Personnel Services 29.2 6.7 10.4 0.6 Operating Expenses 29.0 17.0 22.9 2.7 Depreciation 28.0 7.3 1.7 - Operating Expenses 116.0 31.0 35.0 3.3 Interest and Fiscal Agent Fees (7.0) (2.4) - (0.7) Other Nonoperating Revenues 3.3 1.1 0.3 - NonoperatingRevenuesandExpenses (3.7) (1.3) 0.3 (0.6) Capital Contributions 4.1 0.9 - - Transfers In(Out) (1.0) 1.0 - (1.3) Change in Net Position 5 13.9 5 14.4 5 3.3 $ (0.5) COVE.11 December 8, 2020 33 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here is an overview of the Tourism Investment Program (TIP)Prior Year Comparison at June 30, 2020: TOURISM INVESTMENT PROGRAM PRIOR YEAR COMPARISON AT JUNE 30, 2020 2020 2019 Change Hotel Taxes $ 15.9 $ 18.6 $ (2.7) Meal Taxes 11.8 13.3 (1.5) Amusement 5.4 6.8 (1.4) Other Revenue 2.7 2.7 - Total Revenue 35.8 41.4 (5.6) Expenditures (28.9) (32.1) 3.2 Transfers (11.0) (2.0) (9.0) Total Expenditures (39.9) (34.1) (5.8) Change in FB (4.1) 7.3 (11.4) Ending Fund Balance $ 23.6 $ 27.7 $ (4.1) cove-12 Here is an overview of the Tourism Advertising Program (TAP)Prior Year Comparison at June 30, 2020: TOURISM ADVERTISING PROGRAM PRIOR YEAR COMPARISON AT JUNE 30, 2020 2020 2019 Change Hotel Taxes $ 5.4 $ 6.2 $ (0.8) Meal Taxes 5.6 6.3 (0.7) Other Revenue 0.1 0.1 - Total Revenue 11.1 12.6 (1.5) Total Expenditures (9.8) (12.8) 3.0 Transfers 1.9 (0.1) 2.0 Changes in FB 3.2 (0.3) 3.5 Ending Fund Balance $ 4.0 $ 0.8 $ 3.2 cove 13 December 8, 2020 34 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here is an overview of the Parks and Recreation Special Revenue Fund Prior Year Comparison at June 30, 2020: PARKS AND RECREATION SPECIAL REVENUE FUND PRIOR YEAR COMPARISON AT JUNE 30, 2020 2020 2019 Change Property Taxes $ 19.4 $ 19.4 $ - Charges for Services 11.0 15.3 (4.3) Other Revenue 1.5 1.7 (0.2) Total Revenue 31.9 36.4 (4.5) Total Expenditures (39.1) (39.3) 0.2 Transfers 1.1 3.8 (2.7) Changes in FB (6.1) 0.9 (7.0) Ending Fund Balance $ 11.2 $ 17.3 $ (6.1) ,. Here is an overview of the Sherds Department Special Revenue Fund Prior Year Comparison at June 30, 2020: SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND PRIOR YEAR COMPARISON AT JUNE 30, 2020 2020 2019 Change Charges for Services $ 4.6 $ 4.9 $ (0.3) From the Commonwealth 19.2 18.8 0.4 Other Revenue 0.3 0.2 0.1 Total Revenue 24.1 23.9 0.2 Total Expenditures (51.2) (49.3) (1.9) Transfers 25.4 24.9 0.5 Changes in FB (1.7) (0.5) (1.2) Ending Fund Balance $ (0.8) $ 0.9 $ (1.7) C,re.15 December 8, 2020 35 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here is the City's Long Term Debt Summary: CITY OF VIRGINIA BEACH LONG TERM DEBT SUMMARY (IN MILLIONS) Long Term Debt Balance by Fiscal Year FY2020 FY2019 Bonds Payable $ 1,297.9 $ 1,150.2 Net Pension Liability 1,096.5 956.8 Net OPEB Liability 256.4 284.7 Annual Payments by Fiscal Year FY2020 FY2019 Principal Retirement $ 106.0 $ 103.1 Interest 50.6 53.8 City Pension-Employer Contributions 48.3 47.4 School Pension-Employer Contributions 68.0 66.6 City OPEB-Employer Contributions 10.7 11.4 School OPEB-Employer Contributions 15.2 14.8 CoVB 16 Here is the City's Outstanding Debt by Purpose: OUTSTANDING DEBT BY PURPOSE AS OF JUNE 30, 2020 Total Debt-$1.298B Agriculture Reserve Program 3.8% Storm Water General 5.1% Government - - 49.3% Water and Sewer Total Tax Supported Debt Schools Annual Debt Service to -5998.7M 27.7•/. General Governmental Total Self Supported Debt $299.1M Expenditures-7.7% Con 1: December 8, 2020 36 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) FY2019 PAFR AND GFOA AWARD G�9 Certificate of Achicwmenl for(ccllence in Financial Reporting City of irnini•Batch P t Here is the FY2020 Summary: FY2020 SUMMARY ■Fund Balance of $152.8M within City Council Policy • Reservations for FY2021 operating budget include: School Reversion &Revenue Sharing-$36.3M FY2021 CIP Budget -City-$26.5M and Schools-$.4M •Net Debt for City and Schools totals $1,297.9M •$147.7 M more than FY2019 Net Pension Liabilities for City and Schools total $1,096.5M •$139.77 M more than FY2019 •City - 80.6% Funded and Schools - 75.1%Funded Net OPEB Liabilities for City and Schools total $256.4M •$28.34 M less than FY2019 •City- 43.1%Funded and Schools - 35.0% Funded CovB-1- December 8, 2020 37 CITY MANAGER'S BRIEFINGS LOCAL COMPREHENSIVE ANNUAL FY20 FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#71107 (Continued) Here are the Next Steps: NEXT STEPS ■December Interim - 6 months Jan. 15, 2020 ■FY2021 Budget Proposal March 24, 2020 ■FY2021 Budget Adoption May 12, 2020 Mayor Dyer expressed his appreciation to Mr. Kielbasa and Ms. Coleman for the presentation. December 8, 2020 38 CITY COUNCIL COMMENTS ITEM#71108 4:51 P.M. Mayor Dyer advised he will take a poll during "New Business", where he will ask if the December 1561 City Council Meeting should be held and is requesting a response of either "yes" or "no", advising he wanted to mention this now to allow Council Members time to consider their response. December 8, 2020 39 AGENDA REVIEW SESSION ITEM#71109 4:54 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-109 City Code re temporary pay adjustments (Deferred from December 1, 2020) 2. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. East Coast Volleyball Club b. Hospice and Palliative Care of Tidewater c. Luv All Warriors, Inc. d. One Step Ministries e. The Pink Ride, Inc. f Trails of Purpose 3. Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Ives Farm, LLC, (328.90+/-acres) b. issuance by the City of its contract obligation in the maximum principal amount of$2,012,868; and c. TRANSFER funds to purchase U.S. Treasury Strips 4. Ordinance to DECLARE 2.812 +/- acres of land at the intersection of Princess Anne and South Witchduck Road (formerly Kempsville Road) in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Princess Anne/Witchduck Associates 1,LC re construct a multi- tenant commercial development with architectural components consistent with Historic Kempsville Plan 5. Ordinance to AUTHORIZE the acquisition ofproperty in fee simple re Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP# 7-089 and the acquisition of temporary and permanent easements, either by agreement or condemnation (Deferred from October 20, 2020) 6. Ordinance to APPROPRIATE$1,163,295 in Fund Balance of the City Garage Internal Service Fund re purchase of horizontal grinder 7. Ordinances to ACCEPT and APPROPRIATE from the Commonwealth of Virginia: a. $463,672 to the FY2020-21 Voter Registration and Elections Operating Budget re November 3, 2020 General Election additional costs b. $6,571,166 to FY2020-21 Department of Public Utilities Operating Budget re direct customer subsidies December 8, 2020 40 AGENDA REVIEW SESSION ITEM#71109 (Continued) 8. Ordinance to ACCEPT and APPROPRIATE$49,286 of CARES Act Funds from the Governor's Fast Track Broadband Program to the FY2020-21 Information and Technology Operating Budget re eligible broadband projects 9. Ordinance to REALIGN and TRANSFER CARES Act Funds in accordance with actual eligible expenses 10. Ordinance to ESTABLISH Capital Projects#100559, "Three Oaks Elementary Multi-Use Path," and #100558, "Violet Bank Trail" and TRANSFER funds from Capital Project #100119 "City Bikeways and Trails Plan Implementation"to newly established Capital Projects. 11. Ordinance to TRANSFER $3.7-Million from Capital Project #100147 "Dome Site Parking" to Capital Project #100145 "Dome Site Development Acquisition" at 18th Street and MODIFY the description and scope of Capital Project #100145 re costs of decommissioning the Dominion Energy Substation K. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#3a/b/c COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#11 December 8, 2020 41 AGENDA REVIEW SESSION ITEM#71110 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L PLANNING 1. RACHEL A. DIO for a Conditional Use Permit re short term rental at 5528 Cabin John Drive DISTRICT 1—CENTERVILLE 2. ANITA WEST for a Conditional Use Permit re short term rental at 121 South Kellam Road DISTRICT 4—BAYSIDE 3. ARICA & MELVIN L. ATKINS III for a Conditional Use Permit re short term rental at 598 Pinewood Drive, Unit 205 DISTRICT 6—BEACH 4. HDS PROPERTIES,LLC/RUTH VOGEL for a Conditional Use Permit re short term rental at 600 South Atlantic Avenue DISTRICT 6—BEACH 5. RICKERT FAMILY LIVING TRUST for a Conditional Use Permit re short term rental at 349 Norfolk Avenue DISTRICT 6—BEACH L.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEM#3 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY December 8, 2020 42 ITEM#71110 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Headquarters Hotel Proposal 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 pursuant to Section • Lynnhaven Area Properties, LLC PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees *Vice Mayor Wood stepped out during the Lynnhaven Area Properties,LLC discussion from 5:22 P.M. —5:38 P.M. December 8, 2020 43 ITEM#71110 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Wooten, City Council voted to proceed into CLOSED SESSION at 4:56 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 Break 4:56 P.M. —5:08 P.M. Closed Session 5:08 P.M. —5:50 P.M. December 8, 2020 44 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL DECEMBER 8,2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, on Tuesday, December 8, 2020, at 6:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. December 8, 2020 45 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. December 8, 2020 46 ITEM— VLE CERTIFICATION ITEM#71111 Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Vice Mayor Wood stepped out during the Lynnhaven Area Properties, LLC discussion from 5:22 P.M. —5:38 P.M. December 8, 2020 7,1%. l fit U r'�t ! • + S S OF OUR N'�,011 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#71110 Page 43 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. Am a Ba es, MMC City Clerk December 8, 2020 47 ITEM— VLF MINUTES ITEM#71112 Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 1,2020 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: Aaron R. Rouse Council Members Absent: None December 8, 2020 48 ITEM— VLG.la MAYOR'S PRESENTATION ITEM#71113 RESOLUTION IN RECOGNITION STEVENR. COVER Mayor Dyer welcomed Steven R. Cover, Deputy City Manager, and read the Resolution recognizing Mr. Cover's commitment to public service and public safety since May 1977, beginning as a volunteer firefighter and rising up through the ranks to become the City's 4th Fire Chief in 2007. Mr. Cover's experience and leadership was instrumental in the successful response and management of the May 3?' tragedy. Mr. Cover raised the standards of safety for responders by advocating for more effective safety programs at the department level, unified public safety during special events and led with a strong will, warm heart and decisive, yet empathetic manner, in the Emergency Operations Center during numerous activations and contentious weather events. His leadership has earned him lifelong respect by public service agencies,first responders and City staff. On behalf of all City Council Members, Mayor Dyer expressed their appreciation to Mr. Cover for his outstanding contributions to the City and Fire Department. Mr. Cover expressed appreciation to City Council,past and current City Managers, all the Public Service Managers who are the best at their jobs and his family for their continuous support. December 8, 2020 r` 4. 4,:ki h. 5 Ls F • off RESOLUTION WHEREAS:Steven R.Cover began his service with the City of Virginia Beach as a Volunteer Firefighter in May 1977 becoming a career firefighter in July 1, 1980; WHEREAS:Steve spent the bulk of his career in the Fire Service,but he possessed the DNA of a police officer given to him by his father who served on the VBPD decades ago.He could have walked in his father's footsteps by becoming a Police Officer,but chose instead to blaze his own path and joined the Fire Service; WHEREAS:Steve rose through the ranks of the fire department becoming Captain(1990-1997),Battalion Chief(1997-2001),District Chief(2002-2005), Deputy Fire Chief(2006-2007)and the City's 4th Fire Chief in November 2007 continuing until November 7,2016; WHEREAS:Steve achieved numerous educational successes including a Bachelor's Degree in Fire Administration(Hampton University),National Fire Service Staff Command(University of Maryland), Master's Degree in Public Administration(Troy State University), Executive Fire Officer Program (National Fire Academy),Senior Executive Institute(Harvard University),and Executive Leaders Program(U.S.Center for Homeland Defense&Security); WHEREAS:Steve was an advocate for the Urban Search and Rescue system and supported VA TF-2 as it deployed worldwide. Steve deployed numerous times with VA TF-2 serving as Squad Leader-Oklahoma City Bombing response,April1995;,Assistant Task Force Leader-Pentagon response,September Ili,2001;Fire Chief-Navy Jet Mishap-April 6,2012; Operations Chief during Hurricanes Isabel,Frances and Ivan;oversaw and developed plans in response to Hurricanes Katrina,Rita, Ophelia,Dennis and Wilma;and served as the East Coast Representative for 9 FEMA USAR Teams to the National FEMA USAR Program Office; WHEREAS:The mission of the Fire Service was but a single aspect of a greater team,Steve understood that public safety had many faces,many uniforms, and many different tasks all working towards a common goal of keeping our citizens,our visitors and all persons safe. And,as such,Steve exchanged his turnout gear for a suit and tie when he joined the City Manager's Office,and began his role as Deputy City Manager in the midst of Hurricane Matthew; WHEREAS:Steve was instrumental in increasing the fire protection in the North End of the Beach District by adding the Fort Story Fire Station's shared use; WHEREAS:Steve supported the City's rescue squads,helping hundreds of our volunteers deliver excellent services, WHEREAS:Steve was instrumental in establishing the Criminal Mass Casualty Unified Command Policy,the multi jurisdiction training,and exercising this policy.This preparedness led to the successful management of Building 2 during May 3'; WHEREAS:The Virginia Beach Police Department has a national reputation as a progressive and community-oriented agency,and our community was plagued with social unrest and violence on May 31,2020 and many days that followed.Deputy City Manager Cover stood shoulder to shoulder with police officers and executives to help provide steady leadership and an approach to protecting the rights of al people to express their views and opinions. While some in our community condemned law enforcement,Steve Cover stood tall and helped promote the virtues of the Virginia Beach Police Department. Steve managed both May crisis's with consummate calm and compassionate leadership; WHEREAS:Steve unified the public safety approach toward special events and mass gatherings,culminating with a successful response to the Something in the Water festival; WHEREAS:Steve knowledgably led with a strong will, warm heart and decisive,yet empathetic manner,in the Emergency Operations Center during numerous activations and contentious weather briefings; WHEREAS:Virginia Beach is one of the safest cities in the nation and is one of the most desirable places to live,Steve Cover never forgot that danger awaits when we least expect it and his approach was to ensure staff were ready to respond with the necessary equipment and resources needed to do a very complicated and dangerous job; WHEREAS::Steve raised the standards of safety for responders by advocating for more effective safety programs at the department level; WHEREAS:Steve is stepping into a new role as private citizen,he will always be respected by not only the leadership of all the public safety agencies but by those at the service level Firefighters,officers,deputies,dispatchers,emergency medical technicians,forensic techs,emergency managers and others who earn their living performing heroic tasks will never forget the true nature ofa man who himself never forgot what it took at the entry level; NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to STEVEN R.COVER for his outstanding contributions to our City and our public safety departments for the past 43 years. Given under our hands this 8tb day of December,2020. Council'94 er,7essica A66ott Council 9t,em6es9iiicfae(q'.Beduccfi Councif9Kem6erBar6arag1.Ifenfe� ab CouncilIem6er i..uis�,Jones nett�fem6erJohn(D.Moss u� ttem et Aaron N,9Zpuse $‘j• t)11 Cou ' 9Kem6er Guy 1C T Councif3lem6 tenuity`Wilson Counn79tfem6erSa6rina D.Wooten LyorJames Wool 9Vf%or ck9 best 4.'Bobby"Dyer 49 ITEM— VLG.lb MAYOR'S PRESENTATION ITEM#71114 RESOLUTION IN RECOGNITION ROBERT R. MATTHL4S Mayor Dyer welcomed Robert R. Matthias, Assistant to the City Manager for Government and Military Affairs, and read the Resolution recognizing his commitment to public service through his 44 years of service advocating for the City's needs in his role as the City Council's liaison to the Virginia Beach delegation. Mr.Matthias'knowledge of military matters contributed to superb relationships with military leadership for four decades. On behalf of all City Council Members, Mayor Dyer expressed their appreciation to Mr. Matthias influential work advancing intergovernmental relations for the City. Mr. Matthias expressed appreciation to City Council,fellow colleagues and his wife for their continuous support. December 8, 2020 a�. , ly ;:'+a y ",,." rt id x sue""' `3Y✓ j +. 'N14 t ;' "f ram, e. y : y �.. a 'C.._ -sue ,* r p . 4c Eck • f S= Y'S" •;c*:�. ?a �. i"' 5 'it "'`i t ", RESOLUTION . ... .. - Y WHEREAS: Bob Matthias has been an invaluable resource to the General Assembly with his institutional knowledge of Virginia Beach; WHEREAS: Bob has been our go-to guy as a Liaison between the City and our Virginia Beach delegation,especially during session when matters are time sensitive; WHEREAS:Bob gave selflessly of his knowledge of military matters in dealing with Navy installations at Oceana,Little Creek/Fort Story and Dam Neck, directly leading to superb relationships with a series of commanding officers over four decades. Those commanding officers knew the City valued their presence, took necessary actions to improve their mission effectiveness and was proud to host such front-line warfghtinginstallations; WHEREAS:Bob has gotten up early, stayed up late,and driven to the moon and back to represent the City's interests; WHEREAS: Bob was never too busy to assist and mentor others; WHEREAS: A Bob Matthias promise is worth more than any written contract; WHEREAS:Bob would always go out of his way to say good morning to colleagues passing in the hall and save a seat in staff meetings so he could catch up with colleagues after a long legislative session away; NOW, THEREFORE, BE IT RESOLVED: That BOB MATTIIIAS, a respected public servant, is recognized for his influential work advancing intergovernmental relations for the City of Virginia Beach. BE IT FURTHER RESOLVED: That the Virginia Beach City Council celebrates his contributions and wishes him well as he retires from 44 years of service with the City of Virginia Beach. Given under our hands this 8th day of De er, 020. C Council ember Jessica 4?Abbott Council Member Michael F.Berfucchi Cou Member Barbara M.7fenfey Council3tem6' iouis X Jones ncil3fember John .Moss Council 7Ke 6erAaron rh',Rouse • Cou Member Guy x Tower CouncilMemb semary'Wi(son ouncifMem6erSa6rina D.Wooten Vic ayamesG Wood MayorXo6ert `Bobby" er 50 ITEM— VL G.1 c MAYOR'S PRESENTATION ITEM#71115 RESOLUTION IN RECOGNITION MARK JOHNSON Mayor Dyer welcomed Mark A. Johnson, Director—Public Works, and read the Resolution recognizing Mr.Johnson's commitment to public service since 1984. Mr.Johnson began working in the Public Utilities Department and later transferred to the Public Works Department where he would rise up through the ranks to become the Director in 2018. Mr. Johnson served as the project management engineer for all Capital Improvement Program projects for Public Works, as well as the City's highway and stormwater maintenance programs and instrumental in the development and implementation of the stormwater program for the City;he was one of the initial planners and developed regulations that are now being used by not only the City, but throughout the state. On behalf of all City Council Members, Mayor Dyer expressed their appreciation to Mr.Johnson for his outstanding contributions to the City. Mr. Johnson expressed appreciation to City Council, his wife and fellow colleagues for their continuous support. December 8, 2020 ni p.11t\ ir) ,.....;,...„,:frel, A P,.: 0 RESOLUTION WHEREAS:Mark A.Johnson was appointed Director of Public Works in 2018,and previously served as Operations Engineer for Public Works where he was responsible for countless duties that have done much to keep our city running and growing- WHEREAS:Mark earned a Bachelor of Science Degree in Civil Engineering from Old Dominion University;is a licensed Professional Engineer,and has served as an active member of the American Public Works Association; WHEREAS:Mark began working for the City in 1984,first with Public Utilities,then later moved to Public Works where he had a key role in the development and implementation of the storm water program for the City;he was one of the initial planners and developed regulations that are now being used by not only the City,but throughout the state as well;the success of the City's storm water program is partly because of the many contributions and hard work by Mark; WHEREAS::Mark served as the project management engineer for all Capital Improvement Program projects for Public Works,as well as the City's highway and storm water maintenance programs,as well as many other maintenance and emergency response activities; WHEREAS:Described by his managers as the"go-to guy,"Mark's responsibilities have run the gamut from filling potholes to shoveling snow to putting sand on the beach; WHEREAS;Mark led the team that earned Virginia Beach Public Works full accreditation by the APWA,an honored designation that only a limited number of U.S.cities have attained; WHEREAS;;Mark served his community and represented the City well by volunteering for many years with the Kempsville Pony and Colt Baseball Leagues,coaching teams and helping to build a new ball field;he also volunteered at Landstown High School for several years-building a stage for their marketing program's fashion show as well as serving as a judge for the competitive events at the DECA District Leadership Conference; WHEREAS:Mark has been committed to providing and achieving excellence in service to the City and its citizens; along with his vast knowledge and countless number of projects completed throughout his Virginia Beach career,he leaves a wonderful record of accomplishment behind; WHEREAS;;Under Mark's leadership,Public Works has had tremendous growth and many successes;and his efforts and contributions will leave a lasting impact and continue to benefit the City; WHEREAS:On this day,we honor a man and a leader who deserves our deepest gratitude,respect and friendship for all that he has done for each of us and for the City of Virginia Beach. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to MARK A.JOHNSON for his outstanding contributions to our City and extends its congratulations on the occasion of his retirement from government service Given under our hands this 8th day of December,2020. / V &Att. 1 • Council erJessica T.Abbott CouncilItem6 IliaCouncilMem6erBas6ara M. Ilia CT:Berlucchi 91.7f.Caw:cifMem6 Louis X Jones nalMem6erJohn 1).Moss CoundYem6 aron X Xpu.re (:::::4 e'''''''1 CouncilMem6erGuy X Tower Counci!Mem6 semary Wilson ounci1Mem6erSabrina a Wooten likk IA IFI or James L Wood Mayor X) M.'Bo 6y'Dyer 51 ITEM— VLG.ld MAYOR'S PRESENTATION ITEM#71116 RESOLUTION IN RECOGNITION TONY ZUCARO Mayor Dyer welcomed Deputy Chief Tony Zucaro and read the Resolution recognizing Mr. Zucaro's commitment to public service and public safety since joining the Police Department on May 16, 1979. Deputy Chief Zucaro's extensive experience as Detective, Robbery Squad Supervisor, Crime Suppression Unit Supervisor, 2"4 Precinct Shift Commander, Special Operations Lieutenant, Commanding Officer of the 2nd Precinct, and Deputy Chief of Operations&Professional Standards led to his selection as Interim Chieffrom May 1, 2010—October 14, 2020. Deputy Chief Zucaro led police operations during the tragedy following the Naval Jet Crash, numerous special events and natural disasters including recent civil unrest demonstrations requiring coordination with other law enforcement agencies and meeting with members of various community groups. Deputy Chief Zucaro spearheaded the efforts to implement the Virginia Beach's Photo Safe automated red-light enforcement as well as the organization's professional development program for which he was awarded the agency's medal of merit. On behalf of all City Council Members, Mayor Dyer expressed their appreciation to Deputy Chief Zucaro for his outstanding contributions to the City and Police Department. Deputy Chief Zucaro expressed appreciation to City Council, the City Manager,fellow officers and his wife for their continuous support. December 8, 2020 - - F 14 S. 'suit NKre e Cs - RESOLUTION WHEREAS: Tony Zucaro has dedicated his life to public service and public safety, and we recognize his tireless commitment; WHEREAS:Tony was sworn in with the Virginia Beach Police Department on May 16,1979; WHEREAS: Tony had numerous assignments with the Police Department including Detective, Robbery Squad Supervisor, Crime Suppression Unit Supervisor, 2'd Precinct Shift Commander, Special Operations Lieutenant, Commanding Officer of the 2'd Precinct, and Deputy Chief of Operations & Professional Standards; WHEREAS:Tony served as Interim Chief from May 1,2020—October 14,2020; WHEREAS: Tony lead the department's response to numerous demonstrations which involved not only deploying resources but meeting with members of various community groups; WHEREAS:Tony spearheaded the efforts to implement the Virginia Beach's Photo Safe automated red-light enforcement; WHEREAS: Tony lead the department's effort to implement the organization's professional development program for which he was awarded the agency's medal of merit; WHEREAS:Tony lead the police operations during the tragedy following the Naval Jet Crash,several College Beach Weekends,as well as numerous special events and natural disasters; WHEREAS: Tony achieved numerous educational successes including a Bachelor of Science Degree(Saint John's University),Master's Degree in Public Administration(Troy University),Police Executive Leadership School (University of Richmond), Senior Management Institute for Police, Administrative Officer's Management Program(North Carolina State University)and Virginia Beach Police Department's West Point Leadership Course; WHEREAS: Tony continued his public service by as a longtime supporter of several community events to include the United Way Day of Caring, Virginia Beach School's Official for a Day and Virginia Special Olympics; WHEREAS: Tony is the recipient of over 150 letters of Commendation or Appreciation, recognized several times for his commitment to the Human Rights Commission over the many years he served as the department's liaison to the commission as well as numerous awards to include:Hampton Road's Top Cop Award,Police Officer of the Year— YMCA's Service to Youth Award and the Department's Public Service Award for distinguished service; WHEREAS:On this day, we honor a public servant whose leadership and commitment to public safety has immensely benefited the City; NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to TONY ZUCARO for his outstanding contributions to our City and our Police Department. Given under our hands this ffh day of December,2020. P145.. ' A Connn(alember9 a'Abbott C KuckC alembn*v6sm ?.Xei ey /rI C fin 9t lofts d&t&rar Zi Count ember guy xTower Cousui(;lteno renI2ry Witco,' Coundfalember brim O.Wooten It lice- iaew L$M,ni a(syor al."Bobby Oyer 52 ITEM— VLG.le MAYOR'S PRESENTATION ITEM#71117 RESOLUTION IN RECOGNITION BOBBY HILL Mayor Dyer welcomed Bobby Hill and read the Resolution recognizing Mr. Hill's volunteer service beginning in 1968 with Virginia Beach EMS as part of the Davis Corner Volunteer Rescue Squad. After retiring as Chief Magistrate of Virginia Beach in 2009,Mr.Hill continued his involvement with the Virginia Beach Rescue Squad Foundation when a long-term strategic planning collaboration with the Department of EMS began to create a system wide recruitment initiative. Mr. Hill was hired to serve as the Virginia Beach Rescue Squad Foundation's Recruitment Coordinator in 2009, which was an instrumental step in the foundations effort to devote close to a million dollars in a multiyear approach in recruitment and retention of volunteers for the Volunteer Rescue Squads of Virginia Beach. Mr. Hill was deeply involved in developing and coordinating all recruitment efforts, marketing strategies, social media platforms, and management of the foundation's website. The many recruitment events that he attended over the years helped bring in hundreds of volunteers. Mr. Hill is a Life Member for Virginia Beach Volunteer Rescue Squad and received the 2011 Virginia Gilpin Distinguished Service Award. On behalf of all City Council Members,Mayor Dyer expressed their appreciation to Mr.Hill for his outstanding contributions to the City and Public Safety. Mr. Hill expressed appreciation to City Council and looks forward to continuing to support the City's rescue squads through recruitment initiatives. December 8, 2020 a seNsc. rr' 14. RESOLUTION WHEREAS: Bobby Hill first started volunteering with Virginia Beach EMS in 1968 with Davis Corner Iolunteer Rescue Squad,and then transferred to the Virginia Beach Volunteer Rescue Squad in 1972; WHEREAS: When Bobby was not volunteering, he worked for the City of Virginia Beach in different roles retiring as Chief Magistrate of Virginia Beach in 2009; WHEREAS: In 2001, the Virginia Beach Rescue Squad Foundation started a long-term strategic planning collaboration with the Department of EMS to develop a comprehensive recruitment plan to recruit and retain volunteer members. During this time Bobby started to become actively involved in a system wide recruitment initiative,and was hired on as the Virginia Beach Rescue Squad Foundation's Recruitment Coordinator in 2009. This position was an instrumental step in the foundations effort to devote close to a million dollars in a multiyear approach in recruitment and retention of volunteers for the Volunteer Rescue Squads of Virginia Beach; WHEREAS: Bobby was deeply involved in developing and coordinating all recruitment efforts, marketing strategies, social media platforms, and management of the foundation's website. The many recruitment events that he attended over the years helped bring in hundreds of volunteers; WHEREAS: Bobby still took time to volunteer in the system as an operational member and then a member of the system's Mass Casualty Incident Response Team; WHEREAS: Bobby is also a Life Member for Virginia Beach Volunteer Rescue Squad, and received the 2011 Virginia Gilpin Distinguished Service Award; WHEREAS: Bobby has continued to improve and make sure the community knows about the Volunteer Rescue Squads of Virginia Beach, using every platform that is available to get the message out to recruit and retain well qualified volunteers.Most citizens know Bobby's voice from either radio adds,or meeting him at a recruitment or job fair; WHEREAS: Bobby has also been involved and helped lead the state-wide Virginia Recruitment and Retention Network of EMS and Fire Personnel. He was named head of the network in 2010, supported the Virginia Association of Volunteer Rescue Squads, which has allowed him to give our system a state wide spotlight on how to effectively recruit and retain members; WHEREAS: Bobby at the end of this year will be stepping down from his recruitment position with the foundation,but has already said he still plans to volunteer in his time to support the system; NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to BOBBY HILL for his contributions to our City and his dedication to public safety. Given under our hands this 8th day of Decemb r,202 lac./ Council911 6er Jessica T.Abbott Council Member Mickael F.Berfuccki Cou Mem6e a ra W..7fe C�em61 Louis x,Jones 1 Wernher yokn CD.Moss Council'M 6erAaron 4j Rouse Coun Wernher guy X Tower Counci(Mem6er ry Wilson C ntif Wernher Sabrina CD.Wooten 1111 Adiai >Z? !,r James L Woof Mayor4o6ert ."Bobby"Dyer 53 ITEM— VLH.1 PUBLIC COMMENT ITEM#71118 Mayor Dyer DECLARED a PUBLIC COMMENT: CONVENTION AND VISITORS BUREAU COMMUNITY TASK FORCE RECOMMENDATIONS The following registered to speak: John Zirkle, 233 Bridge Landing Court, Phone: 348-4844, spoke in SUPPORT Gary Ryan, 724 Virginia Avenue, Phone: 914-220-2059, spoke in SUPPORT Tage Counts, 1133 Whitestone Way, Phone:289-9255, spoke in SUPPORT Laura Habr, 62019`h Street, Phone: 288-3861, spoke in SUPPORT Courtney Dyer, Phone: 646-3307, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Michael Standing, 809 Linkhorn Drive, Phone: 288-9051, spoke in SUPPORT Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT Elizabeth Baumann, 308 Mediterranean Avenue, Phone: 422-5654, spoke in SUPPORT Bobby Melatti, 4500 Holland Office Park#318, Phone: 615-0830, spoke in SUPPORT Chuck Thornton, 2477 Piney Bard Drive, Phone: 675-5245, spoke in SUPPORT Stacey Shiflet, 1417 Rutland Drive, Phone: 513-5954, spoke in SUPPORT There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT December 8, 2020 54 ITEM— VLI.1 PUBLIC HEARING ITEM#71119 Mayor Dyer DECLARED a PUBLIC HEARING.• ACQUISITION OF AGRICULTURAL LANDS PRESERVATION(ARP)EASEMENT 328.90 acres at the 4152 Blackwater Road The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING December 8, 2020 55 ITEM— VLJ FORMAL SESSION AGENDA ITEM#71120 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three(3) minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:Agenda Items Ordinances/Resolutions K: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 and Planning Item L3 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT, Agenda Items Ordinances/Resolutions K: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 and Planning Item L3 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 K. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#3a/b/c COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#11 L.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEM#3 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY December 8, 2020 56 ITEM— VLK.1 ORDINANCES/RESOLUTIONS ITEM#71121 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT, Ordinance to AMEND Section 2-109 City Code re temporary pay adjustments(Deferred from December 1, 2020) 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 December 8, 2020 1 COUNCILMEMBER MOSS VERSION 2 3 AN ORDINANCE TO AMEND SECTION 2-109 4 OF THE CITY CODE PERTAINING TO 5 CHANGES IN PAY GENERALLY 6 7 SECTION AMENDED: § 2-109 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 2-109 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 2-109. - Changes in pay generally. 16 17 (a) Administrative increase. An administrative increase shall be defined as an increase 18 within a class that is awarded to an employee based on criteria established by 19 administrative directive. Employees may be recommended for an administrative 20 increase upon submission of a letter of justification by the respective department head 21 to the director of human resources, subject to the approval of the city manager. An 22 administrative increase does not affect the employee's merit date. A temporary 23 administrative increase may be granted to a City employee by the City Manager, at 24 his/her sole discretion, when the City Manager has assigned the employee a 25 temporary new role; temporary oversight responsibilities for a program, department 26 or office; or due to a temporary reorganization. The temporary bi-weekly pay 27 adjustment cannot exceed ten percent of the incumbents current bi-weekly salary or 28 exceed eighty percent of the City Manager's direct salary and not exceed six months 29 unless the City Council is notified in writing and by email fourteen calendar days in 30 advance with no funds coming from the General Fund Reserves for Contingencies. 31 Furthermore, no performance awards may paid for accomplishments during Under 32 no circumstances without City Council approval shall more than ten employees at 33 one-time and no more than twenty in total in a fiscal year be compensated under this 34 provision. Within 30 days of the end of the fiscal year the City Manager shall submit 35 to City Council a written report accounting for on an itemized basis each temporary 36 position established pursuant to this provision to include its duration, additional 37 compensation paid, and the accomplishments produced by the position. 38 39 (b) Merit increase. A merit increase shall be defined as a salary increase within the pay 40 range of the class to which the employee is assigned that is awarded based on job 41 performance in accordance with the city's performance appraisal program. A formal 42 performance appraisal shall be conducted for each employee on the employee's 43 respective merit date and each succeeding merit date thereafter. Merit increases shall 44 become effective on the employee's merit date as provided in section 2-116 and shall 45 only be awarded to full-time permanent employees. Merit increases shall be prorated 46 if a promotion, career progression, or a change in job duties occurs prior to the merit 47 date. The amount of the merit increase shall be prorated based on the length of time 48 assigned to the classification during the appraisal period. 49 (c) Administrative decrease. An administrative decrease shall be defined as a salary 50 reduction within a class as disciplinary action resulting from unsatisfactory job 51 performance or misconduct as defined by the applicable administrative directive. An 52 administrative decrease may be recommended at any time and requires a letter of 53 justification submitted by the appropriate department head. This action is subject to 54 approval by the director of human resources and the city manager. Merit dates are 55 not affected by an administrative decrease. The effective date of all administrative 56 decreases will be the first day of the pay period. 57 (d) Market adjustment. A market adjustment shall be defined as a percentage increase 58 to pay ranges on the city's compensation plans that may be provided to employees 59 whose job classification is assigned to an affected pay range. A market adjustment 60 shall be recommended by the city manager and approved by the city council. Market 61 adjustments are not dependent on an employee's individual performance within a job 62 class. 63 (e) Shift differential. A shift differential shall be authorized whenever an employee 64 compensated in a classification which is not designated by the director of human 65 resources to require shift work is permanently assigned to work a shift which 66 commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such employee shall 67 receive the equivalent of a five (5) percent increase in his or her normal salary rate 68 for all hours worked during such time period only. Employees assigned to regularly 69 scheduled rotating shift as designated by the director of human resources and the 70 city manager, and employees designated by the director of human resources as 71 "exempt" under the Fair Labor Standards Act, work shall be ineligible under the 72 provisions of this subsection. 73 (f) [Bonuses.]The city manager is authorized to establish bonus programs to address a 74 variety of needs, including recruitment, retention, and performance. Bonuses may be 75 provided to employees in accordance with applicable administrative directives and 76 guidelines. A "bonus" shall be defined as a lump-sum payment to an employee that 77 is not part of the base salary. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of December , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attor ey's Office CA15247 R-5 December 2, 2020 57 ITEM— VLK.2a ORDINANCES/RESOLUTIONS ITEM#71122 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. East Coast Volleyball Club 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 December 8, 2020 1 AN ORDINANCE TO DESIGNATE EAST COAST 2 VOLLEYBALL CLUB AS BEING EXEMPT FROM REAL 3 AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting 7 an exemption from local real and personal property taxes to East Coast Volleyball Club; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates East 13 Coast Volleyball Club a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by East Coast Volleyball Club located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by East Coast Volleyball Club for exclusively 23 charitable purposes; 24 25 (b)that each July 1, East Coast Volleyball Club shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years,beginning on January 1,2024,East Coast Volleyball Club 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that East Coast Volleyball Club cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 t h day of December 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFF ENCY Y L , Commissioner fate Revenue tt ey's Office CA15273/R-1/November 9, 2020 58 ITEM— VI.K.2b ORDINANCES/RESOLUTIONS ITEM#71123 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: b. Hospice and Palliative Care of Tidewater 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 December 8, 2020 1 AN ORDINANCE TO DESIGNATE HOSPICE AND 2 PALLIATIVE CARE OF TIDEWATER AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting 7 an exemption from local real and personal property taxes to Hospice and Palliative Care of 8 Tidewater; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA. 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hospice 14 and Palliative Care of Tidewater a charitable organization within the context of § 6(a)(6) of 15 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Hospice and Palliative Care of Tidewater 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Hospice and Palliative Care of Tidewater for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Hospice and Palliative Care of Tidewater shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2024, Hospice and Palliative 32 Care of Tidewater shall file an exemption application with the Commissioner of 33 the Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Hospice and Palliative Care of Tidewater cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records and 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2021 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 th day of December , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO ‘::ON TENT: APPROVED AS TO LEGAL IEN Y: Commissioner oft Revenue A ney' E� y ce CA15271/R-1/November 9, 2020 59 ITEM— VI.K.2c ORDINANCES/RESOLUTIONS ITEM#71124 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: c. Luv All Warriors,Inc. 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 December 8, 2020 1 AN ORDINANCE TO DESIGNATE LUV ALL WARRIORS, 2 INC. AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting 7 an exemption from local real and personal property taxes to Luv All Warriors, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach. Virginia, hereby designates Luv All 13 Warriors, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Luv All Warriors, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Luv All Warriors, Inc. for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Luv All Warriors, Inc. shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1,2024, Luv All Warriors, Inc.shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d' that Luv All Warrinrs Inc! r:nnnPrata fully with tha('.nmmiceinnar of tha Pamani is 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY f k:,/ t(9' Co mission of a Revenue o ey's Office CA152721R 1/November 9,2020 60 ITEM— VLK.2d ORDINANCES/RESOLUTIONS ITEM#71125 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: d. One Step Ministries 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 December 8, 2020 AN ORDINANCE TO DESIGNATE ONE STEP MINISTRIES 2 AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting 7 an exemption from local real and personal property taxes to One Step Ministries; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia,hereby designates One Step 13 Ministries a charitable organization within the context of§6(a)(6)of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by One Step Ministries located within the City 17 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by One Step Ministries for exclusively charitable 23 purposes; 24 25 (b)that each July 1, One Step Ministries shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years,beginning on January 1, 2024, One Step Ministries shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that One Step Ministries cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APP VED AS To CONTENT APPROVED AS TO LEGAL _ SUFF NC . ill 1 GHIA Co mission of he evenue Att ey's Office CA15269/R-1/November 9,2020 61 ITEM— VLK.2e ORDINANCES/RESOLUTIONS ITEM#71126 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: e. The Pink Ride, Inc. 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 December 8, 2020 1 AN ORDINANCE TO DESIGNATE THE PINK RIDE,INC.AS 2 BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting 7 an exemption from local real and personal property taxes to The Pink Ride, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates The Pink 13 Ride, Inc.a charitable organization within the context of§6(a)(6)of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2_ That real and personal property owned by The Pink Ride, Inc. located within the City 17 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Pink Ride, Inc. for exclusively charitable 23 purposes; 24 25 (b) that each July 1, The Pink Ride, Inc. shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return,or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2024, The Pink Ride, inc. shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that The Pink Ride, Inc. cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL DFFiCtENCY: i Alt; / ( A-----.... A Corknissionfr o�he Revenue Y's Office CA15270/R 1/November 9,2020 62 ITEM— VLK.2f ORDINANCES/RESOLUTIONS ITEM#71127 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: f Trails of Purpose 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 December 8, 2020 1 AN ORDINANCE TO DESIGNATE TRAILS OF PURPOSE 2 AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting 7 an exemption from local real and personal property taxes to Trails of Purpose; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Trails of 13 Purpose a charitable organization within the context of§6(a)(6)of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Trails of Purpose located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Trails of Purpose for exclusively charitable 23 purposes; 24 25 (b)that each July 1, Trails of Purpose shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1,2024,Trails of Purpose shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Trails of Purpose cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 2020. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY Commissioner of e Revenue i o 's ice CA15274/R 1/November 9,2020 63 ITEM— VI.K.3a/b/c ORDINANCES/RESOLUTIONS ITEM#71128 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Ives Farm,LLC, (328.90+/-acres) b. issuance by the City of its contract obligation in the maximum principal amount of $2,012,868; and c. TRANSFER funds to purchase U.S. Treasury Strips Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None December 8, 2020 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM IVES FARM, LLC (328.90+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF $2,012,868, 6 AND 3) TRANSFER OF FUNDS TO PURCHASE U.S. 7 TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $2,012,868; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 1.366% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 3.366% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $1,384,266.75 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund , and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8 t h day of 72 December 2020. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 0� ter\ Agriculture Department udget and anagement Services CERTIFIED AS TO AVAIL ILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUN • Directo inn City Attorney' Office CA15194 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d012\p037\00681849.doc R-1 November 20, 2020 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2020-160 SUMMARY OF TERMS SELLER: Ives Farm,LLC, a Virginia limited liability company PROPERTY LOCATION:4152 Blackwater Road and adjacent parcels GPINs: 1481-82-2688, 1481-92-9643, 1491-01-6403, 1481-70-9924 and 1490-09-2242 PURCHASE PRICE: $2,012,868 EASEMENT AREA: 328.90 acres,more or less DEVELOPMENT POTENTIAL: 20 single-family dwelling sites(3 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 1.366%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 3.366%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. 64 ITEM— VLK.4 ORDINANCES/RESOLUTIONS ITEM#71129 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE 2.812 +/- acres of land at the intersection of Princess Anne and South Witchduck Road(formerly Kempsville Road) in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Princess Anne / Witchduck Associates 1, LC re construct a multi-tenant commercial development with architectural components consistent with Historic Kempsville Plan 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 December 8, 2020 1 AN ORDINANCE DECLARING 2.812+/- ACRES OF 2 LAND LOCATED AT THE INTERSECTION OF 3 PRINCESS ANNE ROAD AND S. WITCHDUCK ROAD 4 (FORMERLY KEMPSVILLE ROAD) TO BE IN 5 EXCESS OF THE CITY'S NEEDS AND AUTHORIZING 6 THE CITY MANAGER TO SELL SAME TO PRINCESS 7 ANNE/WITCHDUCK ASSOCIATES 1, LC 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 10 2,812+/- acres of land consisting of 1) 2.123+/- acres known as 5161 Princess Anne 11 Road (GPIN: 1466-78-3845), 2) 0.689+/- acre of right-of-way proposed to be closed (the 12 "Right-of-Way"), and 3) gaps or gores, if any, between 5161 Princess Anne Road and 13 the Right-of-Way, as further described on Exhibit A attached hereto (collectively, the 14 "Property"); 15 16 WHEREAS, the City has adopted the Historic Kempsville Plan (the "HK Plan") to 17 set forth the City's goals for the development and redevelopment of the Historic 18 Kempsville area; 19 20 WHEREAS, Princess Anne/Witchduck Associates 1, LC (the "Developer") 21 proposes to purchase the Property and construct a multi-tenant commercial 22 development, with architectural components that are consistent with the HK Plan (the 23 "Proposed Development"); 24 25 WHEREAS, the Historic Kempsville Citizen Advisory Committee has reviewed 26 the Proposed Development and recommended the sale of the Property to the Developer 27 for that purpose; 28 29 WHEREAS, the Property has environmental contamination that pre-existed the 30 City's ownership; 31 32 WHEREAS, to address the environmental contamination, the City enrolled the 33 Property in the Voluntary Remediation Program ("VRP") offered by the Virginia 34 Department of Environmental Quality ("DEQ"); 35 36 WHEREAS, the Developer has offered as the purchase price for the Property 37 $1,420,000 and completion of the VRP, including all costs associated therewith; 38 39 WHEREAS, the completion of the VRP will result in DEQ issuing to the City a 40 Certification of Satisfactory Completion; 41 42 WHEREAS, Developer will purchase and develop the Property consistent with 43 the terms and conditions set forth in the Summary of Terms attached hereto as Exhibit 44 B; and 45 46 WHEREAS, City Council is of the opinion that the Property is in excess of the 47 City's needs and the sale of the Property to Developer furthers the City's goals for 48 redevelopment consistent with the HK Plan. 49 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 50 VIRGINIA BEACH, VIRGINIA: 51 52 1. That the 2.812+/- acres of land, including 5161 Princess Anne Road, the 53 Right-of-Way, and gaps or gores, if any, between 5161 Princess Anne Road and the 54 Right-of-Way are hereby declared to be in excess of the needs of the City of Virginia 55 Beach. 56 57 2. That the City Manager is hereby authorized to execute all documents 58 necessary to convey the Property to Princess Anne/Witchduck Associates 1, LC, in 59 accordance with the Summary of Terms attached hereto as Exhibit B and made a part 60 hereof, and such other terms, conditions or modifications as may be acceptable to the 61 City Manager and in a form deemed satisfactory by the City Attorney. 62 63 3. That the proceeds from this transaction shall be appropriated as follows: $710, 64 000 to the Laskin Road Phase I-A Project #100242 and $710,000 to the Laskin Road 65 Bridge Project#100240. 66 67 This Ordinance shall be effective from the date of its adoption. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day 70 of December , 2020. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA1c t Avbgcpi 51 3appficabonsklrylawlcycom321wpdxs\d0291p035100679135 dx R-1 10/29/20 APPROVED AS TO CONTENT APPROVED AS TO CONTENT c7-1-t-"e-/ r" kiC2' Economic Development udget& Management Services APPROVED AS TO LEGAL SUFFICIENCY City A ney's ffice i) EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, together with the improvements thereunto belonging, being designated and described as "PARCEL D GPIN: 1466-78-3845" as shown on Sheet 3 & 4 of that certain plat titled "RESUBDIVISION OF PROPERTY OF EMMANUEL PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE AND CITY OF VIRGINIA BEACH FOR CIP 2- 048, Scale: 1" = 50', dated July 24, 2012, prepared by Rouse-Sirine Associates, Ltd., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20130315000305320, to which reference is made for a more particular description. TOGETHER WITH that certain 0.689 acres of public right of way to be closed, described as "AREA OF PROPOSED STREET CLOSURE 'D 1' (28,095 SQ. FT., 0.645 AC.)" and "AREA OF PROPOSED STREET CLOSURE 'D 2' (1,931 SQ. FT., 0.044 AC.)", and more particularly described in Ordinance ORD 3345B, adopted by the City Council of the City of Virginia Beach on April 22, 2014, and extended by various Ordinances to April 22, 2021, as outlined in ORD-3584B, attached hereto as Exhibit A-1. TOGETHER WITH all easements, covenants and other rights, if any, appurtenant to Parcel D and the public right-of-way to be closed, and all right, title and interest of City, if any, in and to any gaps and gores, if any, between Parcel D and the public right-of-way to be closed. RESERVING UNTO the City all adjacent rights-of-way that have not been closed or otherwise extinguished and all public easements or any other rights that benefit the public. IT BEING a portion of the property conveyed to the City of Virginia Beach by deed from The Runnymede Corporation dated January 10, 2001 and recorded in the aforesaid Clerk's Office in Deed Book 4348, at page 605. IT FURTHER BEING a portion of the property conveyed to the City of Virginia Beach by deed from Vincente N. Rono, Jr. and Conchita N. Rono, husband and wife, dated September 25, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090930001151390. IT FURTHER BEING a portion of the property conveyed to the City of Virginia Beach by deed from the School Board of the City of Virginia Beach dated April 9, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20100409000331610. IT FURTHER BEING a portion of the property conveyed to the City of Virginia Beach by deed from Emmanuel Protestant Episcopal Church of Kempsville dated February 13, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130315000305800. EXHIBIT "B" SUMMARY OF TERMS 2.812+/- Acres Located at 5161 Princess Anne Road SELLER: City of Virginia Beach (the "City") PURCHASER: Princess Anne / Witchduck Associates 1, LC PROPERTY: Approximately 2.812 acres consisting of(a) 2.123+/- acre parcel known as 5161 Princess Anne Road (GPIN 1466-78-3845); (b) 0.689+/- acres of former right-of-way adjacent to the 2.123-acre parcel; (c) gaps or gores, if any, between (a) and (b) PURCHASE PRICE: $1,420,000 INTENDED USE: Property will be developed into multi-tenant shops, including traditional retail users, specialty uses (medical or dental), and/or restaurants RIGHTS, RESPONSIBILITIES, and OBLIGATIONS OF CITY: • City will designate Purchaser to be its Authorized Agent to act on its behalf with Department of Environmental Quality's ("DEQ") and complete the Voluntary Remediation Program ("VRP"), subject to City's right of rescind agency status • City will receive a Certification of Satisfactory Completion ("Certification") of the VRP, providing the City with enforcement immunity, as a condition of closing • City retains right to terminate if Purchaser does not complete the VRP • City will have approval rights if the Intended Use changes within three (3) years of a Certificate of Occupancy • City will have approval rights for first three (3) years of occupancy over any tenancy associated with a drive-thru service window, unless such tenancy is a bakery, local or national brand coffee shop, or cafe/restaurant with not more than five (5) other locations, in which case Purchaser need not obtain further City approval • City retains right to reacquire Property if construction has not commenced within one hundred eighty (180) days after closing RIGHTS, RESPONSIBILITIES, and OBLIGATIONS OF PURCHASER: • Property is purchased "As Is, Where Is," with notice of environmental contamination • Purchaser will perform as the City's Authorized Agent with DEQ and will provide truthful, accurate, and complete information to DEQ in the completion of the VRP and will provide the City with the Certification prior to closing. • Purchaser will be responsible for all costs incurred after September 9, 2020 to complete VRP and obtain the Certification • Purchaser retains right to terminate in the event it elects to not complete the VRP • Purchaser shall be responsible for resubdivision to incorporate former right-of- way with 5161 Princess Anne Road • Purchaser has a due diligence period of 300 days to confirm satisfactory title, obtain approval of resubdivision and site plan, and complete VRP • Deposit of $50,000 refundable during due diligence period • Purchaser shall commence construction of the Intended Use within 180 days from Settlement • Purchaser shall complete shell construction for at least two buildings, plus all exterior site work, within 365 days after commencement of construction • Construction of all improvements to be consistent with the elevations and design criteria approved by the Historic Kempsville Citizen Advisory Committee • Purchaser may not assign the contract except to another legal entity in which membership is the same. • Purchaser and City shall each be responsible for their own costs and attorney's fees Approval of this sale shall be revoked if closing has not occurred on or before June 30, 2023, unless extended by City Council prior to such date. 65 ITEM— VLK 5 ORDINANCES/RESOLUTIONS ITEM#71130 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple re Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP# 7-089 and the acquisition of temporary and permanent easements, either by agreement or condemnation (Deferred from October 20, 2020) 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 December 8, 2020 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE PRINCESS ANNE PLAZA NORTH 4 LONDON BRIDGE CREEK PUMP STATION s PROJECT, CIP 7-089, AND THE ACQUISITION 6 OF TEMPORARY AND PERMANENT 7 EASEMENTS, BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important flood mitigation project to 12 improve drainage within the City to relieve widespread tidal and storm flooding of public 13 and private structures and public streets and highways, to treat stormwater, to improve 14 traffic circulation especially during rain and tidal flood events, and for other related public 1s purposes for the preservation of the safety, health, peace, good order, comfort, 16 convenience, and for the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1 . That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 23 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 24 simple, including temporary and permanent easements and entire tracts upon which such 25 rights-of-way or easements shall be located, within the limitations and conditions of Section 26 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 27 plan entitled "Princess Anne Plaza North London Bridge Creek Pump Station (CIP#7-089) 28 —Site Plan Layout" (the"Project"), and also as shown on the Location Map attached hereto 29 as Exhibit A and made a part hereof (plans and Location Map collectively referred to as the 30 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 31 City of Virginia Beach, Virginia. 32 33 Section 2. That the City Manager is hereby authorized to make or cause to be made 34 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 35 offer to the owners or persons having an interest in said Property. If refused, the City 36 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 37 condemn said Property. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 t h day of 40 December , 2020. CA14876 PREPARED: 9/2/20 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p035\00653565.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY PUBLIC WORKS/REAL ESTATE CITY ATTORNEY • t i EXHIBI j z _,- . , a 1 Ri o aA . u') co L[) o t a et N oo ? PHOENIX DR ,:\-:: eh rn N co � tirnN co - o0 00 00 Z N N N 6 .i ' HQ et et et o 0 z V Z Z Z w H 000 N ct Q / t U u 0 C - r r d t t 4 e d p CI " , p a� a o a- c Q J .. —�— N I i o_.- 3 t. C t t :t • t Q.'O !-• I - e .at i Q To /4.- . oompit Iro .,,,,,00"'w1141 a-'" 1111110 Q / :a 1111 Cf) To _ 'lia " I 1 • yJ BRAVES TRL 1 sue`: L, d o t- ,ry- i in J 5+.44, .. _ ��1Nny. s C h !I !i s. N Nd y��bI�NN .. 6 0A a QQ CI. O O O O C _ c, S] .a f9 10 J e+ i rt ��\ N N !n 0 L to .V dtn 0 Q- � E E CU E a o cn �`111141gR pit at Ill kr Air 4 to to to ; = a ?etk cc cu al 1_ sii ikkw 1iLij & 'J. 4 % . iii : ID ,Ifti* v Zr) U Q a ilia a CV wow 4,....,4111/fisk .1112,rdiar W 0 WJODO [ DI 66 ITEM— VI.K.6 ORDINANCES/RESOLUTIONS ITEM#71131 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $1,163,295 in Fund Balance of the City Garage Internal Service Fund re purchase of horizontal grinder 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 December 8, 2020 1 AN ORDINANCE TO APPROPRIATE $1,163,295 IN FUND 2 BALANCE OF THE CITY GARAGE INTERNAL SERVICE 3 FUND TO PURCHASE A HORIZONTAL GRINDER 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 6 OF VIRGINIA BEACH, THAT: 7 8 S1,163,295 from the fund balance of the City Garage internal Service Fund is 9 hereby appropriated, with miscellaneous revenue increased accordingly, to the City 10 Garage Internal Service Fund for the purchase of a horizontal grinder. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 t h day of December , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ci=j Budget & Management Services --Gt o ey's ce CA 15284 R-1 November 23, 2020 67 ITEM— VI.K.7a ORDINANCES/RESOLUTIONS ITEM#71132 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Commonwealth of Virginia: a. $463,672 to the FY2020-21 Voter Registration and Elections Operating Budget re November 3,2020 General Election additional costs 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 December 8, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR THE NOVEMBER 3, 2020 GENERAL ELECTION 3 FROM THE COMMONWEALTH OF VIRGINIA TO THE 4 DEPARTMENT OF VOTER REGISTRATION AND 5 ELECTIONS 6 7 WHEREAS, the General Assembly has provided $10 million from the 8 Commonwealth of Virginia's Coronavirus Relief Funds to General Registrars throughout 9 the Commonwealth for additional costs related to the November 3, 2020 General Election; 10 and 11 12 WHEREAS, any funds provided through this grant are required to be spent or 13 returned by December 30, 2020. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 1. $463,672 in federal funds passed through by the Commonwealth of Virginia are 19 hereby appropriated, with revenues increased accordingly, to the FY 2020-21 20 Operating Budget of the Virginia Beach Department of Voter Registration and 21 Elections. These funds shall be used for additional costs related to the November 22 3, 2020 General Election consistent with the restrictions imposed by Item 479.10 23 of Chapter 56 of the 2020 Acts of Assembly Special Session I. 24 25 2. Upon the receipt of actual funds from the Commonwealth of Virginia, the City 26 Manager shall use his authority under Section 12 of the City's Annual Appropriation 27 Ordinance to adjust the revenue to reflect the actual amount awarded and restrict 28 expenditure of funds above such amount. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 t h day of December 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .� _ Budget and Management Services )/ orn s Office CA15288 R-1 November 23, 2020 68 ITEM— VLK.7b ORDINANCES/RESOLUTIONS ITEM#71133 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Commonwealth of Virginia: b. $6,571,166 to FY2020-21 Department of Public Utilities Operating Budget re direct customer subsidies 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 December 8, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR DIRECT UTILITY ASSISTANCE TO CUSTOMERS 3 FROM THE COMMONWEALTH OF VIRGINIA TO THE 4 DEPARTMENT OF PUBLIC UTILITIES 5 6 WHEREAS, the General Assembly has provided $100 million from the 7 Commonwealth of Virginia's Coronavirus Relief Funds to utilities throughout the 8 Commonwealth, via the State Corporation Commission, to provide for direct assistance 9 to utility customers in arrears of over 30 days on their utility bills: 10 11 WHEREAS, as a utility owned by a municipality of the Commonwealth,the Virginia 12 Beach Department of Public Utilities is eligible to participate in this program; and 13 14 WHEREAS, any funds provided through this grant are required to be spent or 15 returned by December 30, 2020. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA THAT: 19 20 1. A COVID-19 Utility Assistance Fund is hereby created separate and distinct from 21 the Water and Sewer Enterprise Fund in the FY 2020-21 Operating Budget of the 22 Department of Public Utilities. 23 24 2. $6,571,166 in federal funds passed through by the Commonwealth of Virginia are 25 hereby accepted and appropriated, with federal revenues increased accordingly, 26 to the FY 2020-21 Operating Budget of the Virginia Beach Department of Public 27 Utilities. These funds shall be used for direct customer subsidies consistent with 28 the terms imposed by Item 479.10, specifically paragraph 5, of Chapter 56 of the 29 Virginia Acts of Assembly of 2020 Special Session I. 30 31 3. Upon the receipt of actual funds from the Commonwealth of Virginia, the City 32 Manager shall use his authority under Section 12 of the City's Annual Appropriation 33 Ordinance to adjust the revenue to reflect the actual amount awarded and restrict 34 expenditure of funds above such amount. 35 36 4. The City Manager and any other necessary official of the City of Virginia Beach 37 are hereby authorized to sign and execute any documents that may be required 38 by the Department of Housing and Community Development in their certification 39 process for the disbursement of funds from this appropriation of Coronavirus Relief 40 Fund funds by the Commonwealth of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 t h day of December 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY (, Budget and Management Services rney's Office CA15287/R-2/ November 25, 2020 69 ITEM— VI.K.8 ORDINANCES/RESOLUTIONS ITEM#71134 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $49,286 of CARES Act Funds from the Governor's Fast Track Broadband Program to the FY2020-21 Information and Technology Operating Budget re eligible broadband projects 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 December 8, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 CARES ACT FUNDS FROM THE GOVERNOR'S FAST 3 TRACK BROADBAND PROGRAM FOR ELIGIBLE 4 BROADBAND PROJECTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $49,286 of Coronavirus Aid, Relief and Economic Security (CARES) Act funding is 10 hereby accepted from the Governor's Fast Track Broadband Program and appropriated, 11 with federal revenue increased accordingly, to the FY 2020-21 Operating Budget of the 12 Information Technology Department for costs associated with increasing broadband 13 connectivity for distance learning and telework as a result of the public health emergency. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th _ day of December , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A o ey's Office CA14872 R-2 November 30, 2020 70 ITEM— VLK.9 ORDINANCES/RESOLUTIONS ITEM#71135 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to REALIGN and TRANSFER CARES Act Funds in accordance with actual eligible expenses 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 December 8, 2020 1 AN ORDINANCE TO REALIGN AND TRANSFER CARES 2 ACT FUNDS IN ACCORDANCE WITH ACTUAL ELIGIBLE 3 EXPENSES 4 5 WHEREAS, the Commonwealth of Virginia received a payment from the United 6 States Treasury through the Coronavirus Aid, Relief, and Economic Security (CARES) 7 Act's Coronavirus Relief Fund (CRF), and distributed to the City an initial payment of 8 $39,258,497; 9 10 WHEREAS, on July 7, 2020, the City Council of the City of Virginia Beach 11 appropriated the initial allocation of $39,258,497 to the categories provided in the 12 authorizing legislation, and such funds were placed into its own grant, titled "CARES Act 13 CRF Grant," within the City's Consolidated Grant Fund; 14 15 WHEREAS, on August 18, 2020, the City Council released $4,581,300 of 16 previously reserved funding within the initial allocation for hazard pay and volunteer 17 recognition, leaving an unallocated amount of $5,418,700 in the reserve that was 18 established in the July 7, 2020 City Council ordinance; 19 20 WHEREAS, the second allocation of $39,258,497 was provided to the City and 21 appropriated by the City Council on October 20, 2020, with such funds to be used to pay 22 for eligible public safety and public health payroll expenditures; 23 24 WHEREAS, any funds provided by the United States Treasury from the CARES 25 Act are required to be spent for eligible expenses or returned by December 30, 2020; and 26 27 WHEREAS, to allow the full expenditure of CARES Act funding prior to the 28 expenditure deadline, the City Council desires to realign the funds previously 29 appropriated in accordance with the expenditures, commitments, and obligations made 30 by the City of Virginia Beach. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA THAT: 34 35 1. Notwithstanding the City Council ordinance of July 7, 2020, appropriating CARES 36 Act funds to various categories, the City Council hereby directs the utilization of 37 any such funds not previously committed or expended or expected to be committed 38 or expended prior to December 30, 2020, to be directed to the reimbursement of 39 eligible public safety and public health payroll expenditures. 40 41 2. The $5,418,700 remaining of the $10,000,000 previously reserved by the City 42 Council is hereby released and authorized to be used for reimbursement of public 43 safety and public health payroll expenses. 44 45 3. If, prior to December 30, 2020, there is need to transfer funds within the categories 46 outlined in the July 7, 2020, ordinance appropriating CARES Act funds, the City 47 Manager is hereby authorized to transfer such funds notwithstanding the limits set 48 forth in Section 10 of the Annual Appropriation Ordinance to shift and finalize 49 categorical allocations in accordance with actual, eligible expenditures. These 50 transfers shall first be used to pay for any other actual incurred obligation; however, 51 if the City Manager determines that no additional need exists, the Manager may 52 authorize the remaining unspent amounts to be used for reimbursement of public 53 safety and public health payroll expenses. 54 55 4. After the conclusion of the December 30, 2020 period, and any residual time period 56 necessary to close out any outstanding purchase orders in accordance with federal 57 guidelines, the City Manager shall make a report of the remaining balance that was 58 used for public safety payroll expenses to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ey's Office CM 5286 R-1 November 23, 2020 71 ITEM— VLK.10 ORDINANCES/RESOLUTIONS ITEM#71136 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH Capital Projects #100559, "Three Oaks Elementary Multi-Use Path," and #100558, "Violet Bank Trail" and TRANSFER funds from Capital Project #100119 "City Bikeways and Trails Plan Implementation"to newly established Capital Projects. 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 December 8, 2020 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECTS 2 #100559, "THREE OAKS ELEMENTARY MULTI-USE 3 PATH," AND #100558, "VIOLET BANK TRAIL," AND TO 4 TRANSFER FUNDING FROM CAPITAL PROJECT#100119, 5 "CITY BIKEWAYS AND TRAILS PLAN IMPLEMENTATION" 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. Capital Project #100559, "Three Oaks Elementary Multi-Use Path" is hereby 11 established in the FY 2020-21 Capital Improvement Program. 12 13 2. $485,873 is hereby transferred from Capital Project #100119, "City Bikeways 14 and Trails Plan Implementation" to Capital Project #100559, with federal 15 revenues increasing by $290,672 and local funds providing the balance of 16 funding. 17 18 3. Capital Project #100558, "Violet Bank Trail" is hereby established in the FY 19 2020-21 Capital Improvement Program. 20 21 4. $900,000 is hereby transferred from Capital Project #100119, "City Bikeways 22 and Trails Plan Implementation" to Project #100558, to pay for right-of-way 23 acquisition, utilities, construction of the trail and drainage improvements, with 24 federal revenue increasing by $262,848 and local funds providing the balance 25 of funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 8 t h day of December 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ‘_ /7±4. -1 1 Budget and 1vlanagement Services i ey's Office CA15289 R-1 November 24, 2020 72 ITEM— VLK.11 ORDINANCES/RESOLUTIONS ITEM#71137 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$3.7-Million from Capital Project#100147 "Dome Site Parking" to Capital Project #100145 "Dome Site Development Acquisition" at 18th Street and MODIFY the description and scope of Capital Project #100145 re costs of decommissioning the Dominion Energy Substation Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None December 8, 2020 1 AN ORDINANCE TO TRANSFER $3,700,000 FROM 2 CAPITAL PROJECT #100147, "DOME SITE PARKING," TO 3 CAPITAL PROJECT #100145, "DOME SITE 4 DEVELOPMENT ACQUISITION," FOR THE COST OF 5 DECOMMISSIONING THE DOMINION ENERGY 6 SUBSTATION LOCATED AT 18TH STREET AND TO 7 MODIFY THE DESCRIPTION AND SCOPE OF CAPITAL 8 PROJECT#100145 9 10 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. $3,700,000 is hereby transferred from Capital Project #100147, "Dome Site 14 Parking,"to Capital Project#100145, "Dome Site Development Acquisition,"for 15 the cost of decommissioning the Dominion Energy electrical substation located 16 at 18th Street. 17 18 2. The Description and Scope of Capital Project #100145 is hereby modified to 19 include decommissioning of Dominion Energy electrical substation located at 20 18th Street and related facilities. Adopted by the Council of the City of Virginia Beach, Virginia on the 8 t h day of December 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management Services ity orney's Office CA15200 R-1 November 24, 2020 ecplIA BEA4 04 L! 0 f- - 4. City Of V1r 11Zla Beach `- Cy r °F OUR NAT1� VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE December 8, 2020 JDMOSS4VBGOVCOM In Reply Refer to 0068416 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding an ordinance to transfer $3.7 million from Capital Project #100147, "Dome Site Parking,- to Capital Project #100145, "Dome Site Development Acquisition," for the cost of decommissioning the Dominion Energy substation located at 18t Street and to modify the description and scope of Capital Project#100145. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I hereby disclose this interest, and I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincr9'1 , 4 4a '' 1 -_____ Jo ' Moss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 73 ITEM— VLL.1 PLANNING ITEM#71138 The following registered to speak: Rachel Dio,Applicant, 5528 Cabin John Drive, Phone: 714-0432, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Charmagne Paat, 5523 Cabin John Drive, Phone: 321-0672, spoke in OPPOSITION Council Member Wooten made a motion, seconded by Council Member Rouse, to APPROVE as AMENDED, the Application of RACHEL A. DIO for a Conditional Use Permit re short term rental at 5528 Cabin John Drive DISTRICT 1 —CENTERVILLE, by limiting the Conditional Use Permit to two (2) years with the option to apply for renewal. Voting: 5-6 MOTION FAILED DUE TO A NEGATIVE VOTE Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None December 8, 2020 74 ITEM— VI.L.1 PLANNING ITEM#71138 (Continued) Council Member Berlucchi then made a motion, seconded by Council Member Abbott, to APPROVE as AMENDED, the Application of RACHEL A. DIO for a Conditional Use Permit re short term rental at 5528 Cabin John Drive DISTRICT 1 — CENTERVILLE, by limiting the Conditional Use Permit to one (1) year with the option to apply for renewal. Voting: 5-6 MOTION FAILED DUE TO A NEGATIVE VOTE Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None December 8, 2020 75 ITEM— VLL.2 PLANNING ITEM#71139 The following registered to speak: Anita West,Applicant, 4405 Ben Franklin Lane, Phone: 449-8563, spoke in SUPPORT Patrick Hill(assisting Edna Hill), 125 South Kellam Road, Phone: 497-7536, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED Application ofANITA WEST for a Conditional Use Permit re short term rental at 121 South Kellam Road DISTRICT 4—BAYSIDE 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 December 8, 2020 76 ITEM— VLL.3 PLANNING ITEM#71140 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT, Application of ARICA & MELVIN L. ATKINS III for a Conditional Use Permit re short term rental at 598 Pinewood Drive Unit 205 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ARICA&MEL VINL.ATKINS III for a Conditional Use Permit re short term rental at 598 Pinewood Drive Unit 205 (GPIN 1483673542) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 598 Pinewood Drive, Unit 205, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO) or as approved by City Council. 3. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. December 8, 2020 77 ITEM— VLL.3 PLANNING ITEM#71140 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least one million dollars($1,000,000). 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance. December 8, 2020 78 ITEM— VI.L.3 PLANNING ITEM#71140 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 81" day of December Two Thousand Twenty. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None December 8, 2020 • I w _ 0 ii 0— __c_ i r 1 • ii2 Li i t w 2 c t\ I _Lie • t-mti-- 7- i-. • -- \ N) 1 , ' W .1 ill sais Hi ! It;/ /ste, 4.' S W I / ,( ), .,/ / / Nb,... Cal -- ---18-1-IS l' Cr) , a 273) i in 1. . 1 i / il*) J- =A y N a 11( — i4\11 r-- Q•> e Q 7 I \ m a) c Ea • a O as •5 10 1�/11 \� % LZ7 79 ITEM— VLL.4 PLANNING ITEM#71141 The following registered to speak: Ruth Vogel,Applicant, 600 South Atlantic Avenue,Phone: 650-1702, spoke in SUPPORT Ron Swan, 825 South Atlantic Avenue, Phone: 450-7708, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED Application of HDS PROPERTIES, LLC/RUTH VOGEL for a Conditional Use Permit re short term rental at 600 South Atlantic Avenue DISTRICT 6—BEACH 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 December 8, 2020 80 ITEM— VLL.5 PLANNING ITEM#71142 The following registered to speak: Zinta Rickert,Applicant, 349 Norfolk Avenue, Phone: 724-2045, spoke in SUPPORT Robert Rickert,Applicant, 349 Norfolk Avenue, Phone: 724-2045, spoke in SUPPORT Lee Jones-Hubert, 325 Norfolk Avenue, Phone: 804-709-9438, spoke in OPPOSITION Thomas Belvin, 313 Norfolk Avenue, Phone: 804-921-5949, spoke in OPPOSITION Thomas Ellis, 337 Norfolk Avenue, Phone: 342-4705, spoke in OPPOSITION Michelle Walters, 359 Norfolk Avenue, Phone: 403-0455, spoke in OPPOSITION Benham Malcom, 319 Norfolk Avenue,Phone: 301-922-8383, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION John Krafinski, 339 Norfolk Avenue, Phone: 516-949-9610, spoke in OPPOSITION Jennifer Wenger, 339 Norfolk Avenue, Phone: 516-949-9610, spoke in OPPOSITION Carole Graham, 355 Norfolk Avenue, Phone: 540-580-7774, did not respond Virginia Portalatin, 307 Norfolk Avenue, Phone: 917-676-4319, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED Application of RICKERT FAMILY LIVING TRUST for a Conditional Use Permit re short term rental at 349 Norfolk Avenue DISTRICT 6—BEACH 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 December 8, 2020 81 ITEM— VLM. APPOINTMENTS ITEM#71143 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION December 8, 2020 82 ITEM— VLM APPOINTMENTS ITEM#71144 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CARMEN MADDOCKS Unexpired term thru 3/31//2022 COMMUNITY SERVICES BOARD 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 December 8, 2020 83 ITEM— VLM APPOINTMENTS ITEM#71145 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: BECKY LIVAS Three year term 1/1/2021—12/31/2023 And REAPPOINTED: LEE LOCKAMY Three year term 1/1/2021 —12/31/2023 HISTORIC PRESERVATION COMMISSION 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 December 8, 2020 84 ITEM— VLM APPOINTMENTS ITEM#71146 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: WILLL4M ALMOND (Architect) JOHN ZIRKLE (Hotel Association) Three year term 12/8/2020—12/31/2023 And REAPPOINTED: RANDY THOMPSON Three year term 1/1/2021—12/31/2023 RESORT ADVISORY COMMISSION Voting: 9-2 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 Voting Nay: Jessica P.Abbott John D. Moss Council Members Absent: None December 8, 2020 85 ITEM— VLM APPOINTMENTS ITEM#71147 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MARK SHEA No Term TRANSPORTATION DISTRICT OF HAMPTON ROADS 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 December 8, 2020 86 ITEM— VLM APPOINTMENTS ITEM#71148 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JEROME "DAVID"CRAIN,JR. Unexpired term thru 8/31/2022 And REAPPOINTED: JEREMY JOHNSON Four year term 1/1/2021 —12/31/2024 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 December 8, 2020 87 NEW BUSINESS ITEM#71149 Mayor Dyer advised he would like to take a poll from City Council Members to ask if the December 15`h City Council Meeting should be held and added that up to five (5) Council Members would be able to participate virtually as long as there is a quorum physically present. Council Member Henley advised there are critical budgetary items that have not been discussed and need to be. Council Member Henley provided examples of not being able to hire inspectors for Short Term Rentals, the City's hiring freeze, budgetary implications of having the Convention of Visitor's Bureau fall under a 501 C6 and flooding mitigation policies, all of which impact the FY2021 Budget. Council Member Henley expressed her frustration in not having any discussion on these topics and advised she feels is "out of the loop"and knowing how other Council Members feel. Council Member Moss advised he is in favor of having the meeting and suggested increasing the distancing between members and allowing all to be positioned so they are facing each other in the room. Council Members Responding "Yes": 8 Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Guy K. Tower, and Vice Mayor James L. Wood Council Members Responding "No": 3 Aaron R. Rouse, Rosemary Wilson and Sabrina D. Wooten Mayor Dyer advised the December 15`h City Council Meeting will be held. December 8, 2020 88 UNFINISHED BUSINESS ITEM#71150 Council Member Moss advised he sent an email to City Council Members explaining he would distribute a package of materials at the City Council Meeting and distributed the package. Council Member Moss advised his comments relating to the material are included in his email and did not want to prolong tonight's meeting any further, attached hereto and made a part of the record. Council Member Moss advised there are a couple issues that need more City Council discussion, such as; the increase in trash collection fees, adopting policies for flood mitigation, VDOT road projects and the Comprehensive Plan. Council Member Moss advised he understands the pandemic has had a significant impact on time allotted for Council Discussions but expressed concern that the issues he mentioned as well as the budget, must be added to the agenda for discussions and planning purposes. December 8, 2020 Amanda F. Barnes From: john moss <johndmoss4109@gmail.com> Sent: Tuesday, December 8, 2020 10:11 AM To: Amanda F. Barnes Cc: City Council Mail Retention Subject: PROPOSED AMENDMENT TO THE LEGISLATIVE PACKAGE: Request for the Authority to Establish a Toursim Developmet Authority CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Amanda, Please print and place this email at my colleagues spot in advance of today's City Council meeting Dear Colleagues, Under "Old Business" at today's City Council meeting I will be providing each of you a packet that includes a draft point paper and supporting PowerPoint brief on my critique, observations, and recommendations on the subject. The material is marked draft and any feedback received by this Friday noon will be considered tobe included or to modify the existing content prior to making it public. I recognize that the material is subject to FOIA and the City Clerk has the material to provide to the public.The City Manager is also getting a packet. In the spirit of full disclosure I did provide an earlier draft to Patrick, but I neither solicited nor did he provide feedback; it was just provided as situational awareness. I did not want to provide it in advance of the public comment period, because I want to take into account any public comments received today in my final version of the material you will receive today. I know your feedback too, if any, will also be informed by the public comments we receive today. Like you I am committed to a robust and vibrant tourism industry in our community. Our next step should be one the entire community can get behind. Warm regards, John i Virginia Beach,VA City Council Member At-large,John D. Moss as of 12/08/2020 Topic: Way ahead on Council's decision-making on the final disposition of the Convention Visitors Bureau Depart Executive Summary: Significant more discussion is required before City Council as a body makes a decision to request the Commonwealth's General Assembly to authorize the us to establish a Tourism Development Authority. My predisposition: Revolutionary re-working of the status quo in-house business model and organizational structure is a more appropriate course of action, but that too requires discussion. Background: The CVB Task Force that City Council appointed delivered a very lengthy report that was first provided to City Council on Friday evening, November 20, 2020. In advance of the Thanksgiving holidays. City Council was first briefed on the Task Force's findings and recommendation on Tuesday, December 1, 2020 followed by a very brief interaction among the Council. A significant minority wanted to vote on adding a request to the City's legislative package to the General Assembly to seek the authority to establish a Tourism Development Authority on Tuesday, December 8, 2020. The direction of a majority of City Council was to hold a public comment period on Tuesday, December 8, 2020 and post pone a vote on the request to the General Assembly to no earlier than Tuesday,January 5, 2020. Discussion: I would offer given the length of the report, the scope and depth of the report, and the magnitude of the potential impact and risks of each option assessed it is not reasonable to believe the public in seven days had a meaningful opportunity to examine the report and deduce their feedback to us and their respective reasoning. The holiday demands complicated by the COVID-19 pandemic stresses (professional, personal, and financial) are not an unprecedented impact on Beach residents, making it impossible to conclude that prior to the 8 December public comment period that Beach residents had sufficient calendar time and focus time to give the subject of the public comment period material consideration for to produce meaningful feedback. This issue deserves much more discussion among ourselves sitting as body then our holiday schedule permits and the public should be able to observe and provide us feedback on. The attached PowerPoint presentation (in draft form) is much longer than required for people who have read the January 24, 2020 and the December 1, 2020 reports on the CVB. I prepared the attached to share for the larger public. I do judge it makes at least a prima facie case that we are from ready to take a vote on Tuesday, January, 2020. We are not ready to take action to send a request to the General Assembly during its 30-day short session, when there may not be a substantial majority Council support. I not expecting that my City Council peers will agree with all of the content in the attached draft PowerPoint presentation. I expect each of my peers to come to their assessment, which I will respect. I only offer the attach to inform my peers the basis for my assessment and to influence the public's feedback to City Council post December 8, 2020, Assessment: City Council risks a divided City Council and the public engaging our General Assembly delegation in opposition to this request when they are up for re-election in November. I suspect they will not be seeking out controversial issues to adjudicate. The current course and timeline is neither strategically or tactically wise in my humble judgment. Next step: Hopefully, a more in-depth dissection of the January 24, 2020 and the December 1, 2020 reports by among ourselves in lieu of a Tuesday,January 5, 2021 vote will be our future path. DRAFT Way Ahead on Resetting the Baseline of the City's Convention Visitors Bureau DRAFT Upfront Suggestion Significantly more discussion, engagement, and learning with the full spectrum of the community and among ourselves is required before we petition the General Assembly to even allow the City Council to consider transferring its, and therefore the people whom we serve, authority and taxpayer resources for tourism development to a distinct and autonomous authority. to Keepin Mind DRAFT Thoughts Tourism is a major business sector, while a rnacure iridus`ry, that is vital to the ongoing economic success of the city and prosperity of households of owners, employees and industry suppliers. Tourism industry's success is our success as a Community. Just as war is too important to be left to generals. taxpayers financial support to tourism is too important to delegate to a non- elected body composed mainly of tourism business stakeholders. DRAFT • Topic: Proposal to create a Virginia Beach Tourism Development Authority • Specific issue for public comment: Request the General Assembly to pass a statue that enables the Virginia Beach City Council to create a Tourism Development Authority • When: City Council Public Comment on Tuesday, December 8, 2020 at 6 PM at the Virginia Beach Convention Center • You can register with the City Clerk to participate in person or on-line by calling 385-4242 Proposed Virginia Beach Tourism Development Authority DRAFT • What: Like the VB Development Authority an independent entity • Independent of the City Council's and City Manager's direction • 13 Member Board appointed by City Council • Four-year terms • Initial terms: • Six members for four-years and five members for six-years • Scope: The current City's Convention Visitors Bureau functions, staffing direct and managed taxpayer resources would realigned to VB Beach Tourism Development Authority that has no direct accountability to taxpayers and makes expenditures decisions independent of City Council • Recall when the VB Development Authority (VBDA) expended $900,000 on pursuing the Sacramento Kings when it was so obvious we were being played, but Council as body did not know about it until after the fact. It was council members not the VBDA that the public was holding accountable • Powers: "The Authority, acting through the Board shall be granted all powers necessary or appropriate to carry out to effectuate its purposes....Do any act necessary or convenient to the exercise of the powers granted or reasonably implied by this article and not otherwise inconsistent with state law. City Council by adopting this resolution is requesting that the Commonwealth allow City Council to transfer authority now invested in the City Charter to the City Council to an independent political subdivision without the active consent of the voters who approved our City Charter. DRAB How did we get here ? DRAFT In an uncertain beginning ... Non-attributable dissatisfaction with the performance of the City's Convention Visitors and Bureau's performance over an indeterminant period of time never directly communicated to City Council as a body or in public hearings prior to budget adoption led to the following report being presented to City Council. Virginia Beach Convention and Visitors Bureau Management Analysis and Recommendations Presented to the City of Virginia Beach By Academy Street Collaboration, LLC January 24, 2200 DRAFT This report... Virginia Beach Convention and Visitors Bureau Management Analysis and Recommendations Presented to the City of Virginia Beach By Academy Street Collaboration, LLC January 24, 2200 Led City Council to establish and appoint a Task Force that delivered this report... Virginia Beach Convention and Visitors Bureau Community Task Force City Council Package Presented to the City of Virginia Beach Deputy City Manager Ron Williams supported by hired consultant December 1, 2020 O V Virginia Beach Convention and Visitors Bureau Management DRAFT Analysis and Recommendations (Council Member's Moss deductions from the Report fder'c not translate to my concurrence with the deductions)* External Threat: Being outpaced by our competition and losing market share and having our brand redefined by others. Internal Threats: • Inept leadership • Governance structure • Defective organizational culture • Level of resourcing Shortfalls relative to competition: • Product development • Community collaboration • Innovation • Marketing and sales *From the Report's Executive Summary pages 4 through 8. Virginia Beach Convention and Visitors Bureau (CVB) DRAFT Management Analysis and Recommendations (continued) (Council Member's Moss deductions from the Report (does not translate to my concurrence with the deductions)* Assertions by inference: • Insufficient participatory role by the private sector (read oceanfront stakeholders) • Existing executive management is insufficient Recommendations: • City Council establish a CVB Community Task Force (CTF) • The CVB CTF would conclude their work in 90 days • The VCB Chaired by a private sector CEO • The CVB Community Task Force would review the following options: • CVB status quo • 501c3 Non-profit • Hybrid model No matter the Option: "its an economic necessity that the organization's mission, strategy, marketing, sales, governance and organizational management be realigned." *From the Report's Executive Summary pages 4 through 8. Virginia Beach Convention and Visitors Bureau (CVB) DRAFT Management Analysis and Recommendations (continued) (Council Member's Moss insights and extracts from the Report Environmental Scan: • CVB organizational status quo: Staffing equal 58 Full Time Equivalents (page 15 of the report) • Director reports to a Deputy City Manager • Budgeted resources in excess of $30 million • Director position vacant (last compensation, $167,000 plus benefits) • Operates out of leased class A office space at oceanfront *From the Report's Executive Summary pages 10 through 13. Virginia Beach Convention and Visitors Bureau (CVB) DRAFT Management Analysis and Recommendations (continued) (Council Member's Moss deductions from the Report • Performance Trends • Hotel demand relatively flat over last than years revenues after inflation up percent or an average 1.566 percent per year (no discussion of how net margins due to tax regulations or other productivity may increased over this period) • Increased occupancy statistics 2019 over 2018 is mainly due to supply of rooms shrinking faster that demand (not sure how non-oceanfront hotels impact numbers and does note recent hotels in Town Center, new hotel coming to Princess Anne Road, and new hotel coming to Town Center. • Higher percentage of respondents to a survey said they did not know if they are likely to visit Virginia Beach in the future. (Myrtle Beach 35%; Outer Banks 40%; Ocean City 44% and Virginia Beach 49%) • Inference of brand erosion was among competitors, respondents are least familiar with Virginia Beach. (Myrtle Beach 57%, Outer Banks 47%, Ocean City 47%, Virginia Beach 37%) *From the Report's Executive Summary pages 10 through 13. 12 Virginia Beach Convention and Visitors Bureau (CVB) DRAFT Management Analysis and Recommendations (continued) (Council Member's Moss deductions from the Report • National Larger Economic Hospitality Industry Trends: Hotels • "... US hotel occupancy and Average Daily Rate (ADR) may be at the end of a long dynamic growth cycle • Average ADR growth nationally has been negative for five consecutive quarters • Industry analysts have concluded that "the longest hotel RevPar 'upcycle' in the past 30 years ... has run its course." My assessment: flat to decreasing pricing power, declining margins, increase competition from short term rentals and increasing cost of visitor acquisition. My questions: impact to return on investment, and where is the knee in the curve when answering the question is the "juice worth the squeeze? *From the Report's Executive Summary pages 13 and 14. Virginia Beach Convention and Visitors Bureau (CVB) Management DRAFT Analysis and Recommendations Council Member Moss's assessment of what the CVB Management Analysis and Recommendations Report did not do • Did not establish a cause and effect relationship between the existing CVB organization placement and performance to the claimed internal threat that the Report asserts • Did not normalize hotel room inventory across competitive markets nor the miles of shore line each community has to grow rooms and no details on how the source markets for visitors might overlap • Did not acknowledge the delivery of the 19th Street Field House and the future delivery of the Dome Site, and the programmed improvements for 17th Street, and the downstream makeover of Atlantic Avenue • Did not succinctly define the problem to be solved nor did it define the metrics if met would constitute success 14 Virginia Beach Convention and Visitors Bureau (CVB) Management DRAFT Analysis and Recommendations Council Member Moss' Takeaways • In-house business model needs to replaced (major restructuring) under the City Council and City Manager. • Past city managers and directors of the Convention Visitors Bureau failed to exercise change management and fully disclose barriers to performance. • City Council needs to receive frequent data analytics updates on a dashboard on tourism performance indices. • Tourism development needs to remain in-house with a twist — smaller cell of employees working under different employee classification and performance structure that relies on a five-year with two options to renew contract provider. • Creating another organization will just had to overhead costs and eliminates the DRAFT Eleven months letter from January 2020, City Council gets ... Virginia Beach Convention and Visitors Bureau Community Task Force City Council Package Presented to the City of Virginia Beach Deputy City Manager Ron Williams supported by hired consultant December 1, 2020 16 DRAFT Virginia Beach Convention and Visitors Bureau Community Task Force's Mission "To evaluate the three potential alternative new organizational structures (remain with the City government, Hybrid public-private foundation or authority, Public-private nonprofit) and make recommendations to the City Council on the best path forward, provide input on the qualities sought in a new CVB director or Chief Executive Officer and perform any additional duties assigned to the Task Force by City Council." September 11, 2020 Agenda statement of CVB Task Force DRAFT Virginia Beach Convention and Visitors Bureau Community Task Force's Recommendation Thirteen member City appointed a ointed and thereafter autonomous Tourism Development Authority. December 1, 2020 brief to the Virginia Beach City Council Virginia Beach Convention and Visitors Bureau Community Task Force's Membership • Two council members (Mr. Tower and Ms. Wilson • One Beach resident member - not directly impacted from the Task Force's recommendation (D. Howard • Thirteen tourism stakeholder members - directly benefiting from the Task Force's recommendation : (B.J. Baumann, Z. Burden, T. Counts, C. Dyer, J. Evan-Cox, L. Habr, R. Melatti, P. Midgett, H . Richardson, M . Ryan, C. Thornton, R. Vogel, and J. Zirkle) Virginia Beach Convention and Visitors Bureau Community Task Force's Observation Independent of the their recommendation and options assessed, the lack of a convention hotel adjacent to the convention center is identified as the major impediment to increasing visitors.* My note: To secure conventions cities have to offer concessions in terms of x number of free rooms, reduced room rates for attendees and other free accommodations. Financing the capital cost of the amenities of a conference that cannot be passed on to customers attending customers drives significant taxpayer on-going subsidies and frequently upfront direct contributions. When the Convention Center was built the then CVB Director asserted to then sitting City Council that a convention hotel was not necessary to the success of the convention center. The biggest drawback is if the debt financing is secured in any manner that creates a liability directly or indirectly to Beach taxpayers. The impact of the Sports Center and Dome Site were not empirically assess. DRAFT Virginia Beach Convention and Visitors Bureau Community Task Force's anecdotally based observations offered as threats "Local hoteliers and restaurateurs suggest the profile of the typical VB visitor has changed and is now an "economy' versus a 'mid-scale' or 'upper scale' visitor. " Perception that the Virginia Beach oceanfront is less safe than competing destinations.* *Current CVB or the recommended Tourism Development Authority cannot be accountable for tourist safety. Proposed Virginia Beach Tourism Development Authority DRAFT • What: Like the VB Development Authority an independent entity • Independent of the City Council's and City Manager's direction • 13 Member Board appointed by City Council • Four-year terms • Initial terms: • Six members for four-years and five members for six-years • Scope: The current City's Convention Visitors Bureau functions, staffing direct and managed taxpayer resources would realigned to VB Beach Tourism Development Authority that has no direct accountability to taxpayers and makes expenditures decisions independent of City Council • Recall when the VB Development Authority (VBDA) expended $900,000 on pursuing the Sacramento Kings when it was so obvious we were being played, but Council as body did not know about it until after the fact. It was council members not the VBDA that the public was holding accountable • Powers: "The Authority, acting through the Board shall be granted all powers necessary or appropriate to carry out to effectuate its purposes....Do any act necessary or convenient to the exercise of the powers granted or reasonably implied by this article and not otherwise inconsistent with state law." City Council by adopting this resolution is requesting that the Commonwealth allow City Council to transfer authority now invested in the City Charter to the City Council to an independent political subdivision without the active consent of the voters who approved our City Charter. Proposed Virginia Beach Tourism Development Authority DRAFT Unsubstantiated Assertions (made without multivariate analysis and without a detailed case study qualitative analysis) • In-house CVB cannot recruit the requisite executive talent required due to compensation capped (cannot pay $400,000). • My note: We can hire a City Manager to run the whole City for $275,000, but we need to pay more than that for a professional who manages $30 million versus $2 billion and 7,000 employees of the City Manager. • In-house CVB cannot exercise the agility to effectively and efficient adapt to changing circumstances. • My note: This may be a trait of the legacy CVB, but it is not an inherent trait of in-house performance no iris the legacy structure the only possible structure for in-house performance. • In-house CVB cannot provide for meaningful stakeholders' participation and financial contributions • My note: In-house CVB does not grant unelected industry stakeholders autonomous control in spending taxpayers' money and no direct accountability to the voters. City can accept donations and grants from the private sector. There are mechanism to increase stakeholder's participation without an Authority. 23 My Preliminary Assessments DRAFT • A compelling case to establish the proposed Tourism Development Authority has not been made. It is not the solution. • The reference reports individually or collectively did not establish a cause and effect relationship between the organizational placement of the CVB (within the City) and the documented descriptive statistics. • A new CVB located within the City with a revolutionary structure that will be become the new best practice in the spirit of "Zero to One" by Peter Thiel is needed. • Our City Manager is a better than outstanding professional and he possesses the talent and leadership to revolutionize the CVB. 24 DRAFT Questions 89 ADJOURNMENT ITEM#71151 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:31 P.M. Terra . e ius7 Chief Deputy City Clerk Amanda B nes, MMC Robert M. Dyer City Clerk Mayor December 8, 2020