HomeMy WebLinkAboutMARCH 9, 2021 SPECIAL SESSION MINUTES � A•8�
Win , . 5
s 6
Ygks of O➢R N,,no •
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 9, 2021
Mayor Dyer called to order the SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL in the
Virginia Beach Convention Center, Suite 5, on Tuesday, March 9, 2021, at 8:30 A.M. The purpose of this
SPECIAL MEETING is to hold the City Council Retreat.
Council Members Present: .
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
2
MAYOR'S CALL FOR
SPECIAL SESSION
ITEM#71375
Mayor Dyer read the Mayor's Call for the SPECIAL MEETING:
"March 4, 2021
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me
as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL MEETING of the VIRGINI4
BEACH CITY COUNCIL Monday,March 8, 2021, 8:30 A.M. and Tuesday,March 9,2021, 8:30 A.M.,
at the Virginia Beach Convention Center, 100019`h Street,Suite 5.
The purpose of this SPECIAL MEETING is to hold the City Council Retreat.
Also, on March 9, 2021, the City Council may convene into Closed Session, as permitted by law.
Should the City Council convene into Closed Session, the City Council will reconvene, certi the Closed
Session, and then proceed with the Retreat.
The City Council and a limited number of required staff members will meet in person at
the Convention Center, with limited, socially distanced citizen seating in Suite 5. Overflow
seating will be available in Suite 4, where citizens may view the retreat.
Sincerely,
7`1?-4/6.*64'1-(-1
Robert M. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
Communications Office"
City of Virginia Scach
sZo
" �r
�1.99rS 4v
°F oUR 011°
tag( -.corn
Robert M."Bobby"Dyer MUNICIPAL CENTER
MAYOR BUILDING 1
r 2401 COURTHOUSE DRIVE
March 4, 2021 VIRGINIA BEACH.VIRGINIA 23456-9000
(757)385-4581
CELL(757)749-4659
buyer @ vbgov.COrn
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority
vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL
MEETING of the VIRGINIA BEACH CITY COUNCIL Monday, March 8, 2021, 8:30
A.M. and Tuesday,March 9,2021, 8:30A.M.,at the Virginia Beach Convention Center,
1000 19ih Street,Suite S.
The purpose of this SPECIAL MEETING is to hold the City Council Retreat.
Also, on March 9, 2021, the City Council may convene into Closed Session, as
permitted by law. Should the City Council convene into Closed Session, the City Council will
reconvene, certj the Closed Session, and then proceed with the Retreat.
The City Council and a limited number of required staff members will meet in
person at the Convention Center, with limited, socially distanced citizen seating in Suite
S. Overflow seating will be available in Suite 4, where citizens may view the retreat.
Sincerely,
Robert Al. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
Communications Office
3
ITEM#71376
8:32 A.M.
Debra Bryan began her presentation for the Board Governance&Legislative Process attached hereto
and made a part of the record.
68c4‘?."411:741iCi City C
Governance and
Of OUR NAt`p!�
City Council Retreat Legislation
March 9, 2021
Debra M. Bryan
Legislative Affairs Liaison
City Council Governance and
Legislative Agenda
Discussion Item Summary:
1 . City Council Agenda Process
2. Vetting of Non-Routine Council Agenda Items
3. State Legislative Agenda
4. Handling of Non-Agenda Legislation
5. Federal Legislative Agenda
6. Use of City Staff for Policy and Legislative Matters
iC .tou nci• 1
Governance
CITY OF VIRGINIA BEACH
^('l)\itil\II\1OR A LIFETIME'
an COUNCILr$
n ,uul MAW
l MIA
a ..* i'd.••• Lt
'f.µii A s in ..�,r a. .r u..t
4,11 Mfg l...vr•
• Discussion item #1 : .Oliviv
�U.
,in11,i wi .,inner u. (TTV COUNCIL AGENDA :Al rn erwau tvnr
1 W;,4f n a n 11n:Wll:Hfa..,
,1MMa
Marc*L 2121 ,reef•,xf.w.
1 VW nrnravta.er...+
Process for placing ...OR RORERT M.•BOOM%
PRESIDING
I. INFORMAL SESSION .A' r I. FOR MAI.SESSION -Virginia Heade Convention Crater- ts:SS PM
A.("AI.1.TO I ORDER Mayor Robert SL'-IIoM,s 1 A.C ALL TO ORDER-Mayor Robert M.-Bobhs'aer
items on the City IL INVOCATION
R.(rn(•oovCu.R(na.(•AL1.
C.PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C.RECESS TO CI AWED SESSION
D.ELECTRONIC ROLL CALL OF(ITV COI'N(IL
II RreONII I INFORMALSESSION -%
F-CERTIFICATION OF CLOSED SESSION
Council Agenda In 1 nl\1 tl I I tISON REPORTS F. MINUTES
I. 1 II1I IHI,NCILCOMMI:NTS I. SPECIAL SESSION Fehruary v.2021
2. SPECIAL SESSION February Ib.2021
t I IN(•OVNCIL AGENDA REVIEW
G.FORMAL SESSION AGENDA
I. CONSENT AGENDA
II.I Mitt%NIES/RESOLUTIONS
a;..luu.n a.%WWI n Rc..al Polo.,o in.estmnt n(Cih(nods
.. Kc.olul.m to APPROVE a ont y eatensum Iwto ern the t ironic.14)..1.111.nm
Son toes hoard and the Cornmon%cahh of V r,pmu re menial health.dr,rlaprm.ntal and
substance are disorder sem kes
(Sdrnanct,o SI IPP(MT the 2621 Ignite Semhar Series and plumed.I at um
APPROPRIATE 1.2S5 Inn,.I sm.Yal Fund Balance to Mom,t1W I,.i.I:.11.r,
etpn4,l Nre twwd M Council Member V...vent 3
1 I kfhnancu to REMIND the precu.u.Hoard of tralwhn w to Until Kok,.Im,\cumin
II,.Idmgs.Inc Skimp,IA,It.and VeoRide,Inc.,and DIRECT the C IN Manager I.
City Council
Discussion Item #2 : A6END
Process for research
and vetting agenda = 'of - "-
tigit
items prior to Council
meetings •► � �� -
Legislative en as
Discussion Item #3 :
Process for w
establishing andle III
--
adopting a state
legislative agenda
gL, :1►
L •
e • sor,. ....:,-__- 4
ait .
ive Agendas
► ® , 1111 /
µ Discussion Item #4 : : •N. J ,�.4t*,; .r. IY .- 7�4 :_ ; I : ,
0410%.:'''‘4.0 4.Lve, ' *- ''1A; . '',:, ' *-Ne., .. . 4
Responding to bills - ti 4
A
that are not part of :.tee .'r �Sgnate chambers in "normal" year...
City• s legislative - - i
agenda - :, kk: W __ . 1T ,,
{!--- I ..._ a.li
46,
2021 Senate "chambers"
6
Legislative Agendas
Discussion Item #5 .
Federal legislation ,
project funding and - = rtr =rr.,•R
_ w , ..�
grants _ �.�
.; y ti May 4
11R e � . µ 41,4
7
Legislative
Discussion Item #6 .
Providing direction C; •r
and use of City staff
on p Y olic and .� '' ,
legislative matters
8
Time for Decisions :
Does the Council wish to:
1 . Consider a written process to govern placement of items on City
Council agenda?
2_ Develop a pre-agenda vetting process for non-routine items?
3. Make changes to the current process for developing the annual
Legislative Agenda?
4. Adopt a policy for lobbyist and liaison to handle non-agenda bills?
5. Specify a method and/or frequency to receive federal information, or
remain "as needed"?
6. Identify a policy for use of City Staff on policy and legislative matters?
9
cy
4,5
A « 0� Review of
0, 0inNiki„
Decision Points
City Council Retreat
2021 and N
4
ITEM#71377
9:32 A.M
City Manager Duhaney began his presentation for the Convention and Visitors Bureaus update attached
hereto and made a part of the record.
City Council took a break from 10:30—10:47 A.M.
k.
/e4
a.i., ,, rr Convention & Visitors
4.
op ova NAS‘-
Bureau (CVB
City Council Retreat
Recommendations t
March 9, 2021
Enhance Operations
Agenda
• Background
• Goal
Outsourcing DMO Operations
Recruitment, Retainment, and Personnel Management
mi Procurement
Pi Stakeholder engagement
• Council Guidance Sought
z
Background
CVB has been without stable leadership since 2019
er Concerns re: CVB underperformance
Taskforce created
Taskforce recommends transition to tourism authority model
Tourism authority legislation unsuccessful
Background
High performing CVB/DMO critical to our economy
■ Tourism industry roughly 1 /3 of our economy
• Renewed focus and leadership needed to combat pandemic
related economic fallout
Council recognized we cannot delay any further
Staff requested to bring forth in government recommendation
for enhancing CVB operations
Goal
Put organizational structure and processes in place to enable the
CVB to perform at a high level within government
Areas of focus:
Enhance our ability to recruit and retain top talent
• Address underperforming employees more quickly
• Strategies/tactics to improve procurement nimbleness
• Ideas to provide more meaningful stakeholder engagement
Outsourcing DMO Operations
DMOs of our size and scope in government are rare
ri Only one in top 50 cities
Broward County/Fort Lauderdale Closest Comparator
ra Opportunities to contract DMO operations to private sector
Unlike convention centers operations, no market appears to
exist for contract DMO management
• Purchasing office issued RFI to test the market
Recruitment, Retention , and Personnel Matters
■ Compensation comparisons
■ Difficult since only one local government comparator
33 Broward County/Fort Lauderdale
PP Private sector wages for DMO CEOs Managing Convention Center (CC))
PP Low-end: $250,000 + around $75,000 bonus opportunity
• High-end: $360,000 + around $100,000 bonus opportunity
VB CVB Director Compensation (Manages the VB CC)
• $111 ,716-$169,374, plus up to $6,000 for car allowance
Broward County/Fort Lauderdale CVB Director (Does not manage CC)
• $141 , 182 - $225,000
Destination International Compensation and Benefits Survey Report 2020 For Budget $1OM - $2OM
Convention Center Excluded = $19,167,152
„es maximum incentive payout
osition Title _____, Virginia Beach 25°/ Me•tan /ode
President/CEO/Executive Director $111,716- $225,000 $255,000 $300,000
(Director Convention and Visitors Bureau A.25) $169,374 + $45,093) +($68,250) +($90,271)
VP/Director of Finance/Administration $65,166 $98,800 $80,000 $134,550 $150,000
(Administrative Service Manager I A.14) + ;$8,978) +($15,000) +($34,394)
Executive Administrative Assistant $53,379 $56,000 $62,296
(Executive Assistant II G.19) $39,76 $58,281 + + +($4,815)
VP Convention Sales — Needs to be reestablished $79,393-$120,369 $126,268 $153,899 $178,500
(Convention and Tourism Market AdministratorA.18)
+ ($7,016) + ($24,558) +($27,000) +($36,036)
Director of Convention Sales $65,166-$98,800 $91,836 $100,786 $111,812
(Convention and Tourism Marketing Sales
Coordinator A.14) + ($5,928) +($13,856) +($16,102) +($27,937)
VP/Director Tourism/Leisure $79,393-$120,369 $77,610 $115,908 $120,370
(Convention and Tourism Market Administrator A.18) + +s$7,990) +($13,296)
VP of Marketing $79,393-$120,369 $100,000 $138,000 $152,093
(Convention and Tourism Market Administrator A.18) +($5,544) +($21,785) +($26,746)
Director of Sports Marketing $65,166-$98,800 $75,500 $83,125 $130,000
(Convention and Tourism Marketing Sales
Coordinator A.14) + ($4,818) +($7,500) +($13,000) +($20,100)
8
Destination International Compensation and Benefits Survey Report 2020 For Budget $20M - $30M
Convention Center 'Included = $25,535,343
Re w _�t.i.xr ..:a. aaZ4:.3� tes maximum int.,....,.,..- a.=-jam '
Position Title Virginia Beach e �'��m g' 25°/dle Median 75°/dle
Compensation
President/CEO/Executive Director $111,716- $250,000 $300,000 $362,250
(Director Convention and Visitors Bureau A.25) $169,374 +($75.000) +($84,250) +($98,206)
VP/Director of Finance/Administration $65,166 $98,800 $135,255 $162,500 $189,575
(Administrative Service Manager I A.14) +($37,402) +($38,220) +($42,000)
Executive Administrative Assistant $39,76 $58,281 $54,324 $67,080 $73,935
(Executive Assistant II) +($2,480) +($3,918)
VP Convention Sales — Needs to be reestablished $79,393-$120,369 $180,180 $185,650 $200,002
(Convention and Tourism Market AdministratorA.18) + ($7.016` +($36,036) +($42,000) +($65,550)
Director of Convention Sales $65,166-$98,800 $112,751 $124,017 $139,641
(Convention and Tourism Marketing Sales
Coordinator A.14) + ($5,928) +($15,551) +($20,000) +($33,531)
VP/Director Tourism/Leisure $79,393 $120,369 $112,573 $127,320 $138,375
(Convention and Tourism Market AdministratorA.18) +($4,568) +($22,635) +($28,020)
VP of Marketing $79,393-$120,369 $167,000 $180,000 $200,000
(Convention and Tourism Market AdministratorA.18)
Director of Sports Marketing $65,166-$98,800 $78,516 $97,500 $131,819
(Convention and Tourism Marketing Sales
Coordinator A.14) +($4,818) +($13,125) +($16,125) +($19,772)
9
Recruitment, Retention , and Personnel Matters
■ Private sector standalone DMOs pay their executives more
• Standalone DMOs bear more risk than DMOs in government
• City can offer a more competitive salary within context of in government
realities
• E.g., City secure retirement, generous leave, and medical benefits.
CVB in government benefits from City services that a standalone entity would
have to manage on its own
• E.g., City offers IT infrastructure, finance and budgeting systems, HR and
payroll systems, insurance and risk mitigation, legal counsel, etc.
10
Recruitment, Retention , and Personnel Matters
■ Recommendation : Make CVB Director compensation equivalent to
Deputy City Manager (DCM ) compensation
• DCM Salary: $129,313 to $196,081 , plus up to $6,000 for car allowance
• City currently has performance bonus policy
• Employees can currently earn up to 5% of salary in bonus with City
Manager approval
• Bonus percentage could be adjusted higher
• Next senior CVB position (e.g. , VP of Sales) can be slotted at director level
compensation
Recruitment, Retention , and Personnel Matters
■ Performance incentives
• Legislative authority already exists
• Current policy allows for 5% of salary in bonus with
approval of City Manager
• Creation of CVB/DMO specific incentive program
■ Recommendation
ix Address this when new CVB/DMO executive is brought on
12
Recruitment, Retention , and Personnel Matters
• Merit vs. Non-Merit (At-Will) Employees
• Grievance process
CVB director currently only at-will employee
Options for making more CVB employees at-will
• Amend City Code 2-75 to allow the City Manager to appoint at-will Deputy
Directors/VPs that work for the DMO/CVB executive
■ Recommendation
• Present legislation to amend City Code 2-75 for Council consideration
13
Recruitment, Retention , and Personnel Matters
■ Enhancements can be made within merit/grievance framework
m Develop clearer Key Performance Indicators (KPIs)
• Assess employees on meeting certain industry metrics
• Incorporate the enhancement as part of progressive discipline
NI Recommendation
• Address this when new CVB/DMO executive is brought on
Recruitment, Retention , and Personnel Matters
■ Council Appointee Model
• Best option for eventual at-will status for all employees
• Achieved through eventual attrition
■ Similar to City Auditor transition to Council Appointee
II Create a DMO office and have the Director be a Council appointee
Authorize DMO director to appoint employees at her/his pleasure
• At-will status would apply to future DMO hires only. Existing DMO staff
will retain grievance rights.
Procurement
Improving procurement nimbleness
• Enhancements can be made within current regulations to
expedite procurement processes
Complement current contract offerings with multiple as-needed
marketing, advertising , and public relations contract
■ allow the City to take advantage of opportunities more expeditiously within
procurement cycles
RFP has been released to enable this flexibility
16
Stakeholder Engagement
Pa Tourism industry stakeholders desire more robust
engagement in CVB decision making
PI Council representation
Advisory nature
• Recommendation :
• Address this when new CVB/DMO executive is brought on
Council Guidance Sought
Make CVB Director compensation equivalent to DCM
Amend City Code 2-75 to create at-will deputy directors
and division heads
• Council Appointee Model
18
J
ITEM#71378
10:48 A.M
Mayor Dyer RECONVENED the City Council Retreat. Taylor Adams began his presentation for the TIP
Fund Review and Resort Development Opportunities attached hereto and made a part of the record
4.,,,%iiii,,!E,,c,. -
. e ,--- ,-,--; 44...xt,t;
• 0 . ..,..,:,
...›,,,_., ,G,).
,v
ti W
u _
cilp,,, .,:,,,„ ...,„4 ,.!,-, � Resort A
,.. . oUR NA-0- .
, v.
City Council Retreat Potential
March 8, 2021
1
Development lopme
2008 RAS A P Priorities/Projects
Accomplished or Underway :
TOP 8 PRIORITIES (ACCOMPLISHED or UNDERWAY):
��. Mpg ,T;�' -Er`�.' 1. Develop Dome site as major entertainment venue (underway)
,� • Ott
,. �, - r,,� "� 2.Build the Convention Center Hotel
r. *47 ;ram,,
.,� �� � 'y ��. � � 3. Complete the Laskin Gateway street project (accomplished)
'" '° t... ..
---' -'` �� �; ��, i,: 4. Conduct EIS for Light Rail extension (per referendum on 11/8/216 - did
not pass)
4;
• 5....
Design & build Rudee Walk (accomplished)
& Central Beach (underway)
''.._:.,i, _ .- ,:„,,, :. "V ='1� I��° 6.Streetscape Improvements for 19th Street
(Jill : :d�f iy4' ! Ns fi
r ' , 7.Form a management entity
. zoning revisions"for Resort Area RT (form based code)
' % (accomplished)
RASAP 2030 Priority Action Items
• Adopt the best practices of a Central Management Entity
• Develop a comprehensive Mobility Plan
• Design and implement Streetscape Improvements
• Enhance and develop connected Green / Open Spaces
• Design and construct a Gateway at 21st Street that provides a sense of
welcome & arrival
• Support Impactful Projects that benefit the Resort Area and City of Virginia
Beach
• Support Residential and Mixed-use Development in the Resort Area
Items for Consideration
• Rudee Loop Mixed - Use and Open Space Development
• Convention Center Hotel
• Strategic site acquisitions in Central Beach
• Atlantic Avenue Infrastructure Rehabilitation
TIP Fund Capacity
FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29
Total Revenue 36,123,425 37,114,125 38,052,605 39,318,280 40,628,776 41,917,791 23,027,782 23,692,272
Operating 13,240,570 13,133,702 16,446,581 16,272,917 15,020,340 14,125,699 14,496,707 14,884,183
Debt 25,363,997 23,941,307 33,893,426 25,023,834 21,544,459 21,299,115 22,658,148 18,531,628
Total Expenditures 38,604,567 37,075,009 50,340,007 41,296,751 36,564,799 35,424,814 37,154,855 33,415,811
Revenue less Expenditures (2,481,142) 39,116 (12,287,402) (1,978,471) 4,063,977 6,492,977 (14,127,073) (9,723,539)
Cumulative Fund Balance 16,996,952* 17,036,069 4,748,667 2,770,196 6,834,173 13,327,150 (799,923) (10,523,463)
*Includes the assumed$9M restoration of Fund Balance from a CIP means of financing swap
and the repayment of$2M of Fund Balance previously provided to the TAP Fund.
Potential Next Steps — Rudee/CC Hotel
o Do Nothing
o Request for Proposals (RFP)
o Request for Information (RFI)
Intent Potential RFI Components
• Better Understand Market Condition
• Less Expensive Process for Potential Respondents
Allows for More Detailed Analysis for City Council
4 Non-Binding
Clearly State — No Award from this proposal
Ask for Anticipated Public Participation
c Understand Proposed Uses
• Hire Independent 3rd Party to Evaluate Construction Cost
• Can go directly to RFP with respondents
Potential Future Parcel Acquisition
o Allows for assemblage of parcels to ensure highest and best use
Ensures uses for the entire community
Protects one of our top three industries (hospitality)
Provides CC opportunity to shape resort consistent with adopted plans
Prior examples include properties at Rudee Loop, properties adjacent to
the Dome Site, properties adjacent to the Convention Center, and
properties as a part of the 315t Street Parking garage and park
development
Atlantic Avenue Infrastructure Rehabilitation
Origin in Resort Area Mobility Plan (RAMP)
Involves Potential Major Rehab of Atlantic Avenue
0 Last Related Investment +/- 30 years ago
K Final Draft Plan Complete Late Spring/Early Fall including:
• Existing conditions (Mobility Framework) — Motor vehicle network
• Active transportation networks (bike/ped)
• Transit network
• Atlantic Avenue Corridor Renderings/Conceptual Design (16th to 33rd)
• Public Engagement Summary
• Summer Pilot Projects
• Trolley pilot project
• Atlantic Avenue curbside zone pilot project 17th — 20th Street
• Employee and VB Resident Parking pilot project
Recommended Alternative I Atlantic Ave Serpentine with
Active Transportation Lanes and Enhanced Sidewalks ,,,®N
, , - • ,
s
Curb Extension with Sidewalk Widening
and Entertainment Space
Enhanced I
,I
Loading I TNC/ Bicycle and
i Sidewalk and Curb Loading!TNC I
/ Delivery and Scooter
% Takeout Streetscape Parking Extension Delivery and
Bicycle and Enhanced
// Bike and Enhanced Outdoor Outdoor Scooter Sidewalk and
Curbzone I • Sidewalk and Dining Parkin Streetscape
Streetscape Scooter Parking ' Dining + g
Pe Streetscape (Curbzone) Parklet / \
1 ----1..._--...__....I--.._� 0 -i \.___._ _. .. -•- --•----- ._..._ ..__.._..._.___:._.._.___" _ ... \..._.....(Curbzone) i
i / ‘ I 1 1
s 0a
_ t yaw
/, 1 T N
/ Enhanced ( Enhanced i Left-Turn Lane
i Enhanced
Wide Active Sidewalk and ! Trolley Stop Pull-Out with Sidewalk and Sidewalk and
'
1 Streetscape i Sidewalk-Level Active Streetscape 1 Streetscape
i Transportation
i Transportation Lane 1 i
Lane(Enhanced)
I
•
•
Block 1 Block 2 ! Block 3
, i _
4.............m...... BOARDWALK mi..11.1iml•mi•mmilimimi*
6
ITEM#71379
11:04 A.M.
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
• Beach District
• Beach District
• Beach District
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 an open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant to
Section 2.2-3 711(A)(7)
• Holloway et al v. City of Virginia Beach
LEGAL MATTERS: Consultation with legal counsel employed or
retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel pursuant to Section 2.2-
3711(A)(8)
• Voting system changes and legal requirements
7
ITEM#71379
(Continued)
11:06 A.M
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed
into CLOSED SESSION at 11:06 A.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara
M. Henley, Louis R Jones,John D.Moss,Aaron R Rouse, Guy K Tower,
Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
None
Closed Session 11:06 P.M. —12:25 P.M.
Break for lunch 12:25 P.M. —12:45 P.M.
Closed Session 12:45 P.M. —1:50 P.M.
Break 1:50 P.M. —2:06 P.M.
8
ITEM#71380
2:07 P.M.
Mayor Dyer RECONVENED the City Council Retreat.
Upon motion by Vice Mayor Wood,seconded by Council Member Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE 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: 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,Aaron R Rouse, Guy K Tower,
Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
Sabrina D. Wooten stepped out
Jti4G�cUA B„,40
L
gym-
o` a
S OF OUR ORI\OP
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#71379 Page 7 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
A da Ba ne , MMC
City Clerk March 9, 2021
9
ITEM#71381
2:07 P.M.
Regina Hilliard began her presentation for Police Oversight attached hereto and made a part of the
record
CITY OF
VIRGINIA BEACH
INVESTIGATION REVIEW
Zz PANEL
• OF O(.R
City Council Retreat
March 8-9, 2021
REGINA S. HILLIARD
DEPARTMENT OF HUMAN RESOURCES
March 9, 2021
Citizen Oversight Boards
Department of Justice Report — Citizen Review of Police(2001)
Type 4:
Type 2: Type 3: Auditor investigates
Type I : Complainants appeal the process used by
Police investigate findings established by the police or sheriff to
Citizens investigate allegations and develop the police or sheriff's accept and investigate
allegations of police findings; citizens review department to citizens, complaints and reports
misconduct and and recommend that who review them and on the thoroughness
recommend findings to the police chief or recommend their own and fairness of the
police chief or sheriff sheriff approve or findings to the police process to the
reject findings chief or sheriff department and the
public
Investigation Review Panel
(IRP)
African American Roundtable
(AA Roundtable)
RECOMMENDATIONS Human Rights Commission
FOR CHANGE (HRC)
City Manager
General Assembly
Police communicate
timeline expectations
with complainant
Amend IRP policy to
IRP hear all complaints
RECOMMENDATIONS without pending
proceedings
I. Expand membership to
enhance diversity
1111 Be proactive — use social 4
media for outreach
Initiate new Police
communication to City
Manager for cases
reviewed by IRP:
- Facts of case
IRP - Police considerations
RECOMMENDATIONS - Actions based on IRP
(CONTINUED) recommendations
- Post actions on IRP
website
- Include actions in
annual report to City
Council 5
Change name to Citizen
Review Board for clarity
IRP
RECOMMENDATIONS Appoint a City Council
(CONTINUED)
liaison
6
Composition:
Three VB residents from historically
disadvantaged communities
Three VB residents who are not City
employees, candidates for public office,
former members of the VBPD, immediate
family members of a current Virginia
AF RI CAN AM E RI CAN Beach Police Department mplyee, or
current law enforcement agency
ROUNDTABLE employees
RECOMMENDATIONS One member who resides or works in
the City and who represents an
organization that seeks racial or social
justice on behalf of historically
disadvantaged communities or a member
of the HRC
One non-voting member who has
policing expertise or experience.The
non-voting member may be a former
Virginia Beach Police employee or a
former employee of a different law
enforcement agency.
7
The Panel should report directly to the
City Manager
If it is determined the panel will not
report directly to the City Manager,
AFRICAN AMERICAN Human Resources should not consult
with Police to determine if a referral is
ROUNDTABLE warranted (Conflict of Interest)
RECOMMENDATIONS
(CONTINUED) IRP should review all cases referred
IRP needs subpoena and investigative
powers
The restriction should be removed
forbidding complaints heard if there are
criminal or civil cases pending. This
restriction may allow officers to
continue active duty and put other
citizens in jeopardy 8
Clarify the Application/Request form
for an IRP review to add more
specificity such as codes/infraction,
and provide a community training
session on how to document
complaints
AFRICAN AMERICAN
ROUNDTABLE Review deadlines for filing a
complaint
RECOMMENDATIONS
(CONTINUED)
Review the relationship between the
Internal Affairs Investigation Report
and the IRP panel review
Review the complaint receipt
procedure and IRP decision delivery
to City personnel to determine if 9
this is unfair government oversight
Increase to 7 members 2 alternates
Review vetting process to allow
access to minority community
Require diversity in the
membership to lean heavily on
minority representation
HUMAN RIGHTS Review all cases
COMMISSION IRP should not have subpoena
RECOMMENDATIONS power
IRP should not have investigative
powers
HRC commissioner should have a
seat on this panel
10
Clarify the Application/Request form
for an IRP review to add more
specificity such as codes/infraction,
and provide a community training
session on how to document
complaints
HUMAN RIGHTS Review deadlines for filing a complaint
COMMISSION
RECOMMENDATIONS Review the relationship between the
RE
C Internal Affairs Investigation Report
(CONTINUED) and the IRP panel review
Review the complaint receipt
procedure and IRP decision delivery
to City personnel to determine if this
is unfair government overseeing
11
Enhance the diversity on the
IRP
RECOMMENDATIONS Change the IRP procedures to
COMMON TO IRP, AA g
hear all cases requested for
ROUNDTABLE & HRC review (with variation
regarding whether cases
should be heard when court
proceedings are pending)
12
The panel may initiate a review
of a Police investigation
The panel may also review a
RECENT Police investigation as well as
CHANGES proposed or existing policies
BASED ON and/or practices at the request
AUTHORITY of the City Manager or Police
OF CITY Chief
MANAGER Cases requested for review,
without criminal or civil
proceedings pending, will
automatically be heard by the
IRP 13
Mandate a written response
from the Police Department
within 30 days for all
recommendations made by
the IRP
RECENT
CHANGES The CityManager's Office
(CONTINUED) g
serves as an alternative option
for intake of citizen complaints
14
Virginia General
Assembly Action
I
Effective July I , 202 I
• localities may establish a law
enforcement civilian oversight body
Provides that: • if established, the body shall reflect the
demographic diversity of the locality
Duties may include to:
Receive, investigate and issue
VIRGINIA GENERAL findings on complaints from
ASSEMBLYACTION
EFFECTIVE JULY I , 2021 civilians
(CONTINUED)
2. Investigate and issue findings on
incidents
3. Make binding disciplinary
determinations after
consultation with officer's or
employee's direct supervisor or
commander 16
. Investigate and make
recommendations regarding
VIRGINIA GENERAL policies and procedures of law
ASSEMBLY ACTION
enforcement agencies
EFFECTIVE JULY 1 , 202
(CONTINUED) Review investigations conducted
internally by law enforcement
agencies and issue findings of
accuracy, completeness and
impartiality, as well as sufficiency
of discipline
17
6. Request reports of annual
expenditures of the law
VIRGINIA GENERAL enforcement agency
ASSEMBLY ACTION
EFFECTIVE ULY 12021 Make public reports on activities
of the civilian oversight body
Y
(CONTINUED)
Undertake other duties as
reasonably necessary
18
VIRGINIA GENERAL ASSEMBLY ACTION
EFFECTIVE DULY I , 2021 icontrnueo
Other items to note:
The governing body shall establish policies for the civilian
oversight body
The Civilian Review Board may hold hearings and may
apply to the Circuit Court for a subpoena compelling
attendance or production of evidence
The Civilian Review Board may retain legal counsel
,9
The board shall reflect the
demographic diversity of the locality
Persons currently employed as a
police officer are ineligible to serve.
A retired officer may serve in an
advisory, non-voting capacity if:
ACTIONS TO ADDRESS
BY JULY I 2021 ( I ) the officer was not employed
as an officer by the City of
Virginia Beach;
(2) the locality in which the
officer previously served "is
similar to" the City of Virginia
Beach
The governing body shall establish
policies for the civilian oversight body
20
Questions
10
ITEM#71382
2:49 P.M.
Kenneth Chandler began his presentation for the Virginia Beach Health District and Director attached
hereto and made a part of the record
t
a � ��� Virginia Public
4��s OF OpR NAS�� ���
City Council RetreatI H - th aServices
March 9, 2021
and M
Rriefing Objectives
•:• Provide insight relative to the Virginia's state/local partnership for public
health service delivery.
•:• Provide a brief overview of the Virginia Beach Health Department's
budget, personnel, services, and challenges leading to the current
combined LHD service model.
•:• Provide a brief review of local service delivery model options for LHD's
authorized by the Virginia Department of Health (VDH).
Service model titles do not exist and have been created for distinction in discussion.
Historical Context of Public Health Services
o Virginia Public Health Services have an evolution dating back to the 17th century
Counties and cities shall establish and maintain a health department headed by a full-
time licensed physician (32. 1-31 ).
0 134 cities and counties in Virginia are organized into 35 Health Districts
0 32 Districts are directly supervised by a Deputy Health Commissioner
0 2 Districts operate in a local administered form authorized by the General Assembly
Service areas often align with Planning District boundaries having 1 to 10 member
localities
o Services may differ between district localities and districts based on needs, funding,
and private sector capability
3
State/Local Public Health Partnership
o General Characteristics
o State requires Cities/Counties to establish LHD's
o State allows Cities/Counties to appoint a local health services advisory board
State often funds a LHD on a 55% State/45% Local match via annual cost share agreement
o State often handles the recruitment and selection of the LHD Director
o State often funds 100% of FTE's
o State often provides service liability coverage
o State requires Cities/Counties to provide mandated services
o State often establishes LHD service delivery model
Locally Administered model must be granted by the Virginia General Assembly
VPHD Mandated vs . Non-mandated Services
Mandated Services Non-mandated Services
o Childhood Immunizations o Dental Program
o Communicable disease treatment and
prevention
o Healthy Families Program
o Senior Services Program
o Family Planning Services
o Maternity Program
o Pregnancy Testing o Laboratory Program
o Food Service Inspections
o Mosquito Control Program
c WIC-Child Nutrition Program
o Vital Records Listing is not exhausting and may vary based on locality needs
o Pre-Admission Screenings
5
Qualifications , Roles , and Duties of the LHD
o Must be a medical doctor licensed to practice medicine in Virginia.
o Responsible for the recruitment, selection, management, and leadership of professional
and non-professional staff and a verity of service disciplines.
o Responsible for the provision of state mandated and non-mandated public health
service delivery.
o Chief public health advisor/decision maker on matters pertaining to public health,
safety, and welfare of the District relative to public health matters, issues, or concerns.
6
Virginia Beach Public Health Department
o Required by State code section 30.1-31 .
o Operates under a state/local cost share agreement (55% State/45% Local).
o Health Commissioner appointed licensed physician to serve as LHD Director.
o Employees 100% State Employees.
o Employee Service Liability provided by the State.
Mandated Health Services provided by state employees.
o Originally established a single health district (traditional model).
o Changed to a combined health district model with distinct designations in late fall 2018.
VBPHD Budget, Personnel , & Funding
Operating Budget Personnel Funding Sources
State $3.4 million State 106.00 State Funds
Local $2.8 million Local 6.38 Local Funds
Total $6.2 million Total 112.38 Program Revenue
100% Local Funds
* Funding Cost share is 55% State * Local FTE's 100% Locally funded
45% Local Grants
8
Case for Joint Virginia Beach/Norfolk LHD
Leadership Void Recruit/Apprenticeship Joint LHD
7 Year void in talent 2 unsuccessful recruitments yielding no Meets Licensed physician practicing in
Physician Licensed to practice in VA qualified talent for service or VA requirement
apprenticeship
difficult to recruit 2nd Director vacancy used to establish
Executive Management Experience
difficult to recruit coupled with physician
No existing staff talent suitable to a Chief Operating Officer for executive
elevate to acting LHD due to job management
requirements
requirement
Salary insufficient to recruit and sustain
qualified talent
Salary adjustment capable of
Salary insufficient to recruit physician sustaining qualified talent with
talent absent executive experience expanded responsibility
Critical public health decisions and Critical public health decision and
Critical public health decisions and service delivery hampered service delivery advances
services delivery hampered
9
VPHD Traditional Mouth
State/Locality service agreement (55% State/45% Local) cost share is authorized
o Health Commissioner appoints a licensed Medical Doctor as LHD Director
o Health Commissioner is authorized to combine LHD's
Employees 100% State FTE's
o Employee service liability covered by the State
o State Mandated Program Services Offered
o City may fund additional local positions @ 100% cost to locality
o City may fund non-mandated program services may be offered @ 100% cost to locality
o Form in practice: 134 cities and counties in Virginia
10
VPHD Joint Traditional Model
o State Health Commissioner may combine two or more LHD's in a suburban area
o State/Locality service agreement (55% State/45% Local) cost share is authorized
o Health Commissioner appoints a licensed Medical Doctor as LHD Director
o Health Commissioner establishes a Chief Operations Officer reporting to LHD Director
o Employees 100% State FTE's
o Employee service liability covered by the State
o State Mandated Program Services provided by state/local agreement
o Form in practice: Virginia Beach/Norfolk, Hampton/Peninsula, Richmond/Henrico,
Lynchburg/Martinsville (Central Virginia), and LENOWISCO/Cumberland Plateau (Far
South West)
11
VPHD Locally Administered Model
o General Assembly authorization required
o State contracts with locality to provide mandate public health services
o City Manager appoints a Licensed Medical Doctor (with VHD consent) as LHD Director
o Employees 100% Local
o Employee service liability covered by the City
o State contracts with locality to provide mandated public health services
o Model in practice: Arlington County, Fairfax County, Loudoun County (proposed 2021 )
12
\IDPH Local Autonomy Mode '
General Assembly designation required
City provides 100% of all mandated and non-mandated public health services
o City Manager appoints a Licensed Medical Doctor as LHD Director
o Employees 100% Local
o Employee service liability covered by the City
o City shall follow all policy and direction of the State Health Commissioner
o Non-compliance is accomplished by a local court writ of mandamus
o Model in Practice: None
13
Council Guidance Sought
VPHD Model Provides Action Required
Traditional Model Single District & State Cost Share City request of Health Commissioner
Joint Traditional Model * Combined District & State Cost Share Maintain Status Quo-No Action
Locally Administered Model City Department & Revenue Contract City request of General Assembly
Local Autonomy Model 100% Local City funded City City request of Health Commissioner
Department
*Denotes current service model Action required is simple illustration requiring
state consultation.
14
i
L.,7 th"
4
11
ADJOURNMENT
ITEM#71383
Mayor Robert M. Dyer DECLARED the City Council SPECIAL MEETING (City Council Retreat)
ADJOURNED at 3:23 P.M
Am nda Barnes, Robert M. Dyer
City Clerk Mayor