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APRIL 6, 2021 FORMAL SESSION MINUTES
Q tL7 qti 2) Ati 1 3 9:? sc t e J VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 6, 2021 Mayor Dyer called to order the CITY COUNCIL MEETING in the Virginia Beach Convention Center, Suite 5, on Tuesday,April 6, 2021, at 12:02 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P.Abbott—Ill John Moss—Arrived at 12:47 P.M Louis R.Jones—Arrived at 12:29 P.M Sabrina D. Wooten—Arrived at 12:20 P.M. 2 CITY COUNCIL'S BRIEFING EXTERNAL AUDIT CONTRACT ITEM#71440 12:02 P.M. Mayor Dyer welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to City Council for their continued support: Office of the City Auditor LYNDON S.REMIAS.CITY + AUDITOR' f �''�� APRfL 6, 2021 \ \ \ , .r • Here is the Background: An Ordinance Authorizing Background: City Code requires the City Auditor to an coordinate and manage the audit contract of Independent the City's Comprehensive Annual Financial Report(CAFR)and related federal grants. Audit of the Section 8.06 of the City Charter requires an City of annual independent audit with the firm Virginia selected by the City Council. Beach's Finances April 6, 2021 3 CITY COUNCIL'S BRIEFING EXTERNAL AUDIT CONTRACT ITEM#71440 (Continued) Here is an overview of the Selection Committee: Selection Committee The purpose of the committee was to recommend to the City financial audit selection Council and the School Board committee,comprised selection City and School representatives, an accounting nt a to conduct was appointed by the City an independent audit of the Auditor. City's and School's financial statements for fiscal years 2021 and 2022. The Selection Committee recommends awarding the contract to Cherry Bekaert, LLP: Considerations Distributed a Request for Proposals(RFP)to the largest international,national,and regional accounting firms. As a result of the process,the committee recommends award of the contract to Cherry Bekaert,LLP. Audit Costs for the fiscal year ending June 30,2021: • City:$171,100; • Schools*:$56,100*(The RFP allows Schools to enter into a separate contract with CB using the pricing negotiated by the selection committee); • Development Authority:$18,325. Total$245,525 April 6, 2021 4 CITY COUNCIL'S BRIEFING EXTERNAL AUDIT CONTRACT ITEM#71440 (Continued) Questions THANK YOU Mayor Dyer expressed his appreciation to Mr. Remias for the presentation. April 6, 2021 5 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#71441 12:06 P.M. Mayor Dyer welcomed Colin Stolle, Commonwealth's Attorney. Mr. Stolle expressed his appreciation to City Council for their continued support: 0' J Commonwealth's Attorney Budget Workshop April 6, 2021 Colin Stolle Here is the CWA Organizational Summary: CWA Organization Summary o Organization o 102.83 FTEs o General Fund, Grant Fund (Victim Witness Program), Forfeited Assets Fund Total Budget S10.504.363 April 6, 2021 6 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#71441 (Continued) FY 2021-22 Programmatic Budget $765,897 $100,000 7.3% 1.0% •General Fund Victim Witness •Forfeited Assets Here is the CWA Operating Budget: CWA Operating Budget Program Unit FY 20-21 FY 20-21 FTE I FY 21-22 FY 21-22 Amended Proposed FTE Change FY 21 Amended to FY 22 Proposed General Fund $9,539,913 90.91 $9,638,466 91.91 $98,553 1.0% Victim Witness 948,410 11.92 765,897 10.92 (182.513) (19.2%) Forfeited 100,000 - 100,000 - - N/A Assets Total $10,588,323 102.83 $10,504,363 102.83 $(83,960) (0.8%) April 6, 2021 7 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#71441 (Continued) Here are CWA Major Changes/Budget Highlights: CWA Major Changes/Budget Highlights Changes to Virginia's jury sentencing process will substantially increase workload for attorneys and paralegals in trial preparation and time in court Changes to Virginia's discovery rules increase the workload in preparation of cases Electronic discovery system saves time, paper, and postage expenses Relocation of a position from the Grant Fund to the General Fund Here are Initiatives Underway and Conclusion: Initiatives Underway and Conclusion In the process of implementing alternative court dockets including a Veteran's Court and a Juvenile Drug Treatment Court A statewide study has been funded to analyze the workload of Commonwealth's Attorneys; too early to determine how this will impact Virginia Beach CWA Office Will continue to use new and innovative ideas and programs to keep Virginia Beach a safe community. save time and money, and increase efficiency Mayor Dyer expressed his appreciation to Mr. Stolle for the presentation. April 6, 2021 8 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#71442 12:16 P.M. Mayor Dyer welcomed Stephen Williams, Director. Mr. Williams expressed his appreciation to City Council for their continued support: Emergency Communications & Virginia Beach Citizen Services Stephen Williams April 6, 2021 Here is the Emergency Communications& Citizen (ECC)Services Organizational Summary: Emergency Communications & Citizen Services Organization Summary Organization • 133.75 FTEs • Three Divisions • Total Budget $11,131,565 April 6, 2021 9 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#71442 (Continued) FY 2021-22 Programmatic Budget 3,000 $100,000 0.03% 0.90% $864,404 7.77% 10,164,162 91.31% •Training,Learning,and Development ■Technology&Support •General Operations Grants Here is the ECC Services Operating Budget: Emergency Communications & Citizen Services Operating Budget I FY 20-21 FY 20-21 FY 21-22 I Change FY 21 Amended to Program Unit FY 21-22 FTE Amended FIE Proposed FY 22 Proposed Training,Learning,and Development 100,000 0.0 100,000 0.0 -Technology and Support 816,146 8.0 864,404 8.0 48,258 5.9% General Operating Expenses 9,709,911 125.75 10,164,162 125.75 454,250 4.7% Grants 3,000 0.0 3,000 0.0 - - Total 510,629,057 133.75 $11,131,565 133.75 $502,508 4.7% April 6, 2021 10 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#71442 (Continued) Here are Major Changes/Budget Highlights: Major Changes/Budget Highlights • Funding for Recruitment and Retention 9-1-1 PSET Turnover 100.00% •3,75% 80.00% 80.00% m 60.00% 56• — 40 00% __ _ --54_ltd%.— °- 34.92% .4 1"— 33.78% —33:33% 20.00% 25,881% 0.00% 2016 2017 2018 2019 2020 Fiscal Year --Tumover Rate •»-PSET1 Tumover Rate Here are Initiatives Underway and Conclusion: Initiatives Underway and Conclusion • ESinet Deployment (NG9-1-1) • 9-1-1 Call Handling Equipment Replacement • 311/Enterprise Customer Relationship Management System (CRM) • New Emergency Medical Dispatch Software (EMD) Mayor Dyer expressed his appreciation to Mr. Williams for the presentation. April 6, 2021 11 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#71443 12:32 P.M. Mayor Dyer welcomed Chief Edward Brazle. Chief Brazle expressed his appreciation to City Council for their continued support: Emergency Medical Services Virginia Beach Budget Workshop April 6, 2021 Ed Brazle Here is the Emergency Medical Services(EMS) Organizational Summary: Emergency Medical Services Organization Summary • Total budget $13,345,563 • Six divisions • 101.55 Career FTEs • 391 Certified volunteers staffing ambulances (Equivalent to 82 FTEs) • 400+ Volunteers in other roles April 6, 2021 12 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#71443 (Continued) FY 2021-22 Programmatic Budget $274,252 $505,278 2.1% 3_8% $1,907,557 14.3% 5786,424-____ 5.9% 111111IN $375,000 2.8% 949,290 4.c. _:________ 7.1% $8,547,762_ 64.0% •Administration •Operations and Emergency Response •Training,Learning,and Development •Regulation and Enforcement s s Sandbridge Lifeguards Resort Lifeguards Here is the EMS Operating Budget: Emergency Medical Services Operating Budget Division FY 20-21 FY 20-21 FY 21-22 FY 21-22 FIT Change FY 21 Amended to Amended FTE Proposed FY 22 Proposed Administration $1,062,368 7.5 $949,290 7.5 (133,078) (10.6%) Operations and Emergency Response $8,710,667 64.0 $8,547,762 71.0 (162,905) (19%) Training,Learning,and Development $874,854 9.0 $786,424 9.0 (88,430) (10.1%) Regulation and Enforcement $267,400 3.0 $274,252 3.0 $6,852 2.6% Sandbridge Lifeguards $435,479 11.05 $505,278 11.05 $69,799 16.0% Resort Lifeguards $1,851,997 0.0 $1,907,557 0.0 $55,560 3.0% Grants $375,000 0.0 $375,000 0.0 - 0.0% Total $13,577,765 94.55 $13,345,563 101.55 ($232,202) (1.7%) April 6, 2021 13 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#71443 (Continued) Here are Major Changes/Budget Highlights: Major Changes/Budget Highlights • Projected taxpayer cost/call: $223 • Project taxpayer cost/transport: $305 • Additional 7 Paramedics for Burton Station • 1 in July ■ 6 in January Here are Initiatives Underway: ........... . ... ........ . ..............._..... Initiatives Underway • Vaccinate Virginia Beach • CIT Medic Program • Life beyond COVID-19 • Restoration of training programs • How do we meet the demands of the future? April 6, 2021 14 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#71443 (Continued) Here are a few of the Challenges: Challenges • Rising costs (City and Rescue Squad) • Rising call volumes • Volunteer Recruiting and Retention trends • COVID Impact on Recruiting and Retention Here is the Call Demand vs Average Ambulance Staffing between 2011 —2020: Call Demand vs Average Ambulance Staffing 4.Cl 50.000 45.000 MUM 1111 . . 35.000 w U ® I ® . .„ 30.000 4 . :ono; q 4 ® . 1111 . ® ® . 15.000 2 2 IN �_ . .: ... — 10.000 0 L_ 2011 2012 2013 2014 2015 2018 2017 2018 2019 2020 � EMS CALL Demand 39.655 38.959 40.880 42.112 44.053 45,899 48,104 46,148 48,290—46.02 -- w +-a Staged Ambulances 11.9 I 12.6 12.6 12.2 12 11.9 12.5 12.5 12.8 I7 12.3 YEAR EMS CALL Demand +6 Staffed Ambulances 8 April 6, 2021 15 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#71443 (Continued) Here is a comparison of day and night Ambulance Staffing Levels: Ambulance Staffing Levels Day Night 71 mz,tto zo+e 11.1!.dL tz Am0uen�as •.3 an.-.wiawac ,.+4mouunw •10 AmWrncw •10.,z Moe 1.12 Amdul•nsa This chart provides the number of Active Ambulance Volunteers Compared to New Applications: Active Ambulance Volunteers Compared to New Applications j! Jj1Ij: zB 1 A-Y a18 ".5a l d1B � J,0 10 April 6, 2021 16 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#71443 (Continued) This chart provides the number of New Qualified Volunteer vs Exits: New Qualified Volunteer vs Exits 200 .15 180 49 ♦36 1e0 ♦2 40 _ 120 100 80 50 40 _ 20 0 2017 __.. 2018 -.. _..2019 2020 AIC Released 172 181 177 137 AIC Exited 123 125 162 135 11 Here are the Conclusions: Conclusions • COVID significantly impacted our volunteer member capacity • 7 Burton Station medics are a welcome addition • EMS resourcing strategies must be adapted Mayor Dyer expressed his appreciation to Chief Brazle for the presentation. April 6, 2021 17 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#71444 12:48 P.M. Mayor Dyer welcomed Chief David Hutcheson. Chief Hutcheson expressed his appreciation to City Council for their continued support: Fire Department April 6, 2021 Fire Chief David Hutcheson Here is the Fire Department Organizational Summary: Fire Department Organization Summary • Organization • 555.23 FTEs • Four Divisions • Total Budget $60,280,673 April 6, 2021 18 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#71444 (Continued) FY 2021-22 Programmatic Budget General Fund Consolidated Grants Fund 1,380,120, L71% 2,634,644, 50 5-19487, - 45Z% 1,713,275, - 86.84% d5.23% _ 300,000, 14.75% 3,452,246, \� 533% •Administration OF,,.Prevent,on Bureau ['Buildings General Government Capital Proiect(GGCP) OOperations ■Training.learning.and Development 0 General Operating Expenses 3 Here is the Fire Department Operating Budget: Fire Department Operating Budget General Fund Program Unit FY 20-21 Amended FY 20-21 FTE FY 21-22 FY 21-22 Change FY 21 Amended to Proposed FTE FY 22 Proposed Administration 2,365,434 20.70 2,634,644 22.7 269,210 11.4% Fire Prevention Bureau 3,258,203 33.13 3,452,246 34.63 194,043 6.0% Operations 49,398,545 449.30 50,579,887 478.30 1,181,342 2.4% Training,Leaning,and 1,941,366 15.7 1,580,120 15.0 (361,2461 (18.6%) Devebpment Total 56,963,548 518.83 58,246,898 550.63 1,283,350 23% Consolidated Grants Fund Program Unit FY 2041 Amended FY 20-21 FTE FY 21-22 FY 21-22 Change FY 21 Amended to Proposed FTE FY 22 Proposed Buildings General Government Capital 300,000 0.00 300,000 0.00 0 0% Project(GGCP) General Operating 1,808,631 4.60 1,733,775 4.60 (74.8561 (4.1%) Expenses 2,108,631 4.60 2,033,77S 4.60 174,856) (3.5%) April 6, 2021 19 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#71444 (Continued) Here are the Fire Department Major Changes/Budget Highlights: Fire Department Major Changes/Budget Highlights • 30 Firefighters for Burton Station • Upgrade Part-Time EMS Instruction Supervisor to Full-Time • Captain for Resource Management Bureau Here are Initiatives Underway and Conclusion: Initiatives Underway and Conclusion • All things COVID —VBFD • Emergency Management&Citywide Logistics • Citywide Public Safety PPE and Supplies • Vaccination Command & Control/Staffing Support • Market Salary Analysis Data to Assist with Retaining Staff Mayor Dyer expressed his appreciation to Chief Hutcheson for the presentation. April 6, 2021 20 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 1:04P.M. Mayor Dyer welcomed Chief Paul Neudigate. Chief Neudigate expressed his appreciation to City Council for their continued support: �� S 4 - �aa Virginia Beach Police Department Budget Workshop April 06, 2021 Paul VV. I'ieuctigate Chief of Police Here is the Police Organization Summary: Police Organization Summary Organization ❑1,042.10 FTEs ❑Admin,Support,Investigations,Uniform Patrol(OPS Division) ❑Total Budget-$106,460,040 April 6, 2021 21 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 (Continued) FY 2021-22 Programmatic Budget $8,963,664 $5,892,710 8.4% 5.5°/ $19,274,646 18.1% $72,329,020 67.9% Admin Support •Investigations Uniform Patrol Here is the Police Operating Budget: Police Operating Budget FY 20-21 FY 20-21 FY 21-22 FY 21-22 Change FY 21 Program Unit Amended FTE Proposed FTE Amended to FY 22 Proposed Admin 8,893,276 66.27 8,963,664 66.27 70,388 0.8% Support 5,928,850 70.80 5,892,710 70.80 (36,140) (0 Investigation 19,019,954 193.00 19,274,646 193.00 254,692 1.3% Uniform Patrol 70,354,905 718.79 72,329,020 712.03 1,974,115 2.8% Total $104,196,985 1,048.86 $106,460,040 1,042.10 $2,263,055 2.2% a April 6, 2021 22 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 (Continued) The next few slides provide Budget Highlights: Budget Highlights Staffing ❑Six vacant sworn officer positions eliminated '-Current authorized 813,new authorized 807 -99 current vacancies "Does not factor in 32 recruits who graduate to Phase II in July "Started current academy class with 42,lost 6 to various reasons(4 laterals have been assigned to field duties) ✓5 pending retirements/departures ✓Already surpassed average yearly attrition with three months left in fiscal year Budget Highlights Public Safety Data Analyst ❑July 2021,new State mandated reporting initiative requiring 15 data points to be collected,recorded,and reported for all traffic stops. ❑Expanded program implemented from July 2020,now requires documentation of all investigatory stops and expands the number of datasets to be collected. ❑Unfunded mandate requiring dedicated personnel to access various data bases to compile data,"clean"data to ensure accuracy,report to State,work with Crime Analysts for analysis. April 6, 2021 23 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 (Continued) Budget Highlights Body-Worn Camera Expansion ❑Original project designed to outfit 450 patrol officers ❑Expansion of 360+cameras,licensing,and cloud storage to provide BWCs to all sworn personnel Cadet Program ❑Target:18-21 YOA applicants Diversity recruiting ❑Learning opportunities/experiences during program facilitate academy success Here is an overview of Comparative Compensation for police officers with the region, state and nation: Comparative Compensation Salary Study ❑Recruitment And Retention Initiatives(comprehensive presentation available for review) i VBPD conducted internal StartingSalary Study(also being studied as part of City Manager's Market Salary Surve ✓Local comparison of Seven Cities:+$2,686 o Professional Development Program:6 developmental levels,4 fully funded o Norfolk PD—Proposed 8%Pay Increase for would make them the highest paid in the region ✓Statewide comparison of 13 departments:-$6,804 ✓National comparison of similar sized cities:9th lowest starting salary out of 10, only Raleigh N.C.lower. o Miami,Fl—Colorado Springs,CO—Raleigh,NC—Omaha,NE—Long Beach, CA—Minneapolis,MN—Oakland,CA—Tampa,FL—Arlington,TX April 6, 2021 24 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 (Continued) Here are Hiring Incentives for Consideration: Hiring Incentives for Considerations Non-Base Salary Incentives ❑Lateral Transfer/Prior LEO Experience Incentives and/or Hiring Bonus -Virginia State Certified Officers-No issues,short process ' Out of State Requires: ,(Conditional job offer necessary before DCJS will advise length of gap academy required(based on certification standards of previous employer). ❑Opportunity to pursue retention before the 5-year mark when vested in VRS. The next several slides provide an overview of Technological Enhancements for Consideration. Here is Oceanfront Camera Expansion: Technological Enhancements for Consideration Oceanfront Camera Expansion ❑Recommendation to install 42 new cameras at priority locations throughout the resort area(augments the existing 50). -Provide coverage of the Boardwalk&Atlantic Avenue from Rudee Inlet to 40th Street. :All even streets on the Boardwalk;all odd streets on Atlantic Avenue will provide overlapping coverage for near complete coverage of resort area. ❑Enhanced coverage along Pacific Avenue(traffic light intersections)and primary traffic arteries. ❑Total Cost=$1.2 million -$1.5 million estimated cost w/$300,000 currently budgeted. April 6, 2021 25 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 (Continued) Gunshot Detections System: Technological Enhancements for Consideration Gunshot Detection System ❑Data-driven installations :3 square miles for Oceanfront resort area .70,000 per sq.mile /Year 1 Cost=$240,000($30,000 initial fee);$210,000 annually 'Preliminary assessment indicates other possible locations needing 5 square miles of coverage. V Initial estimated cost of$400k(including initial fee) -$96K contingency(15%)for total project ❑Data analysis being conducted to confirm deployment locations with a historical need for coverage based on homicides,persons shots,shots fired,persons with a gun call,etc. Automated License Plate Reader Technology: Technological Enhancements for Consideration Automated License Plate Reader Technology ❑Mixed-use :-20 Fixed Citywide/30 Mobile ✓Fixed LPR(10 Oceanfront/10 Citywide) o Monthly cost:$208 x 20 fixed cameras=$4,160 o Annual cost:$4,160 x 12 months=$49,920 o Install cost:$5,000 •:•Year 1 Cost=$54,920 •:Annual cost after Year 1=$49,920 ✓Mobile LPR o Monthly cost:$208 x 30 mobiles=$6,240 o Annual cost:$6,240 x 12 months=$74,880 o Vehicle install:$30,000 •:Year 1 Cost=$104,880 •:•Annual maintenance cost after Year 1=$74,880 April 6, 2021 26 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 (Continued) Real-Time Crime Center: Technological Enhancements for Consideration Real-Time Crime Center ❑Data-driven command center ➢Citywide camera operation and monitoring ➢Social media monitoring ➢Gunshot Detection ➢ALPR Social Network Analysis ➢NIBIN correlation intelligence gathering 024/7 staffing within Police Headquarters :Typically,%sworn and%:non-sworn Intelligence Analysts ✓Lack of sworn availability due to staffing A-9 FTEs=$613,540.79(Public Safety Analyst I)/augment with light duty personnel. .Technology&RTCC Build-Out=$1.64 million(w/contingency) ✓Total estimated cost=$2.25 Million Here are Current Initiatives: Current Initiatives Crime Prevention Through Environmental Design (CPTED) ❑Resort area CPTED analysis currently underway by newly assigned Resort Liaison Squad officers and others -Focus on lighting issues,parking concerns,on-street parking,etc. -Work with various City entities to address locations that attract crime and disorder April 6, 2021 27 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#71445 (Continued) Here is a summary of Recent VBPD Organizational Changes: Recent VBPD Organizational Changes ❑Community Engagement Unit decentralized ',Each precinct now has an assigned Community Liaison Officer reporting directly to the Captain and the community. ',2nd Precinct assigned two Resort Liaison Officers dedicated to Oceanfront community engagement initiatives. ❑Added sergeant to Special Events Unit to conduct all event planning for VBPD ',Process of hiring two civilian planners. ❑Precinct COP Squads have been refocused/re-tasked into Crime Suppression Squads with an emphasis on gun violence and addressing crime hot spot locations. Here is Future Organizational Evolution: Future Organizational Evolution ❑Expansion of Community Engagement ',Community Liaison Squad consisting of one sergeant and 5-6 officers per precinct ❑Centralized Gun Violence Reduction Unit(Coordinate both regionally and with precinct Crime Suppression Squads,Special Investigations Bureau,Detective Bureau) ❑Additional officers to be assigned to ATF for increased Federal prosecution of trigger pullers. ❑Dedicated Mountain Bike Unit for hot spot patrol and engagement ❑Dedicated Oceanfront staffing independent of 2"d Precinct Mayor Dyer expressed his appreciation to Chief Neudigate for the presentation. April 6, 2021 28 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#71446 2:11 P.M. Mayor Dyer welcomed Sheriff Kenneth Stolle. Sheriff Stolle expressed his appreciation to City Council for their continued support: .. i OE Rip, t. .�.. NiA044 Sheriff's Office Budget Workshop April 6, 2021 Ken Stolle, Sheriff/High Constable Here is the Sheriff Organizational Summary: Sheriff Organization Summary . Organization . 535.99 FTEs Admin. Court Support Services, Operational Management, Centralized Booking Total Budget $50,987,127 April 6, 2021 29 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#71446 (Continued) FY 2021-22 Programmatic Budget $3,544,815 7.0% $3,433,163 6.7% $38,842,916 76.2% $5,166,232 10.1% Admin Court •Operational Booking Here is the Sheriff Operating Budget: Sheriff Operating Budget Program Unit FY 20-21 FY 20-21 FY 21-22 FY 21-22 Change FY 21 Amended Amended FTE Proposed FTE to FY 22 Proposed Administration 3,218,214 35.47 3,433,163 37.76 214,949 6.7% Court 5,114,118 76.65 5,166,232 76.39 52,114 1.0% Operational 38,598,326 373.7 38,842,916 377.84 244,590 0.6% Centralized Booking 3,637,494 46.0 3,544,815 44.0 (92,679) (2.6%) Total $50,568,152 531.82 $50,987,126 535.99 6418,974 0.8% April 6, 2021 30 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#71446 (Continued) Here are the Sherds Office Major Changes/Budget Highlights: Sheriff Major Changes/Budget Highlights Recognition of additional existing PT positions (+4.17 FTE) Reserve for the Sheriff Medical Contract anticipated increase (contained in Non- Departmental) Here are Initiatives Underway and Conclusion: Initiatives Underway and Conclusion Staffing Vacancies and OT . Aging Facility Mayor Dyer expressed his appreciation to Sheriff Stolle for the presentation. April 6, 2021 31 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) CLERK OF CIRCUIT COURT ITEM#71447 2:24 P.M. Mayor Dyer welcomed Tina Sinnen, Clerk. Mrs. Sinnen expressed her appreciation to City Council for their continued support: 1/B Clerk of the Virginia Beach Circuit Court Budget Workshop April 6, 2021 Tina Sinnen Clerk of the Circuit Court Organization Summary • Organization • 57.00 FTEs • One Division • Total Budget $3,844,214 April 6, 2021 32 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) CLERK OF CIRCUIT COURT ITEM#71447 (Continued) Here is the Clerk of the Circuit Court Operating Budget: Clerk of the Circuit Court Operating Budget Change FY 21 Program Unit FY 20-21 FY 20-21 FY 21-22 FY 21-22 Amended to FY 22 Amended FTE Proposed FTE Proposed General Operating $3,869,773 57.00 $3,844,214 57.00 ($25,559) (0.7%) Expenses Here are Major Changes/Budget Highlights: Major Changes/Budget Highlights • Budget spent on COVID preparations but have managed to stay within budget April 6, 2021 33 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) CLERK OF CIRCUIT COURT ITEM#71447 (Continued) Here are Initiatives Underway and Conclusion: Initiatives Underway and Conclusion . Preparation of courtroom (COVID) for jury trials beginning mid April . We have COVID-proofed our office to the best of our ability and are as COVID-safe as we can be Tr i kltit"Pisi n Jr/1r imps _ , . ,,., II: . — r ., , „, _ Mayor Dyer expressed his appreciation to Mrs. Sinnen for the presentation. April 6, 2021 34 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE AND DOMESTIC RELATIONS COURT ITEM#71448 2:33 P.M. Mayor Dyer welcomed Honorable Philip C. Hollowell, Chief Judge. Chief Judge Hollowell expressed his appreciation to City Council for their continued support: f=6r.--C' g; r� i =a Juvenile and Domestic Relations District Court Budget Workshop April 06, 2021 Chief Judge Philip Hollowell Clerk of Court Amy Burnham Juvenile and Domestic Relations Court Organization Summary • Organization • 37 FTEs and 6 judges (all are state employees) • Total City Budget $173,441 April 6, 2021 35 CITY MANAGER'S BRIEFINGS RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE AND DOMESTIC RELATIONS COURT ITEM#71448 (Continued) Here is the Juvenile and Domestic Relations District Court Operating Budget: Juvenile and Domestic Relations District Court Operating Budget FY 20-21 FY 20- FY 21-22 FY 21-22 Change FY 21 Amended 21 FTE Proposed FTE Amended to FY 22 Proposed General Operating 177,254 NA 173,441 NA (3,813) -2.2 Expenses Total $177,254 NA $173,441 NA ($3,813) -2.2% Here are Major Changes/Budget Highlights: Major Changes/Budget Highlights • Budget increase for IPOAD licensing fees • CIP includes technology upgrades including maintenance/support in some courtrooms • CIP for Facilities includes installation of key card access locks to enhance courthouse security April 6, 2021 36 CITY MANAGER'S BRIEFINGS RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE AND DOMESTIC RELATIONS COURT ITEM#71448 (Continued) Here are Initiatives Underway and Conclusion: Initiatives Underway and Conclusion • Court never closed during the pandemic with employees reporting to work in person • Continue to recover from the reduced caseloads as required under Judicial Emergency Orders • Court requests the clerks'salary supplement be restored for FY 22 • Continue technology upgrades in all courtrooms • Support security enhancements including judicial parking Mayor Dyer expressed his appreciation to Chief Judge Hollowell for the presentation. City Council Break 2:47 P.M. — 2:57 P.M. April 6, 2021 37 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 2:57 P.M. Mayor Dyer welcomed Kevin Fairley, Information Services Administrator. Mr. Fairley expressed his appreciation to City Council for their continued support: 'NBInformation Virginia Beach Technology CIP Kevin Fairley April 6, 2021 Capital Improvement Plan by Section — IT 7% School.2g% Stormweter 23% Buildings end Assots ROWyaya 17% Ewnomw;and Tounsm Dewbpnente% Inbrmanon Technology 7% Parks and Raueauni 3°'0 Total CIP = $1 ,863,762,031 IT = $132 M April 6, 2021 38 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) Here is an overview of ten (10) Termed Projects With No Changes: Termed Projects With No Changes (10) Appropriated FY 23 to Title Current Phase to Date FY 22 FY 27 Total 100068-Shenff Inmate Tracking and Status Monitoring Implementation $988.009 - - 5 988.009 100074-21°'Century Enterpnse Resource Planning (HCM) Awaiting Funding $8,230,824 $1,128,976$4.602.200 $13,962,000 100095-Enterprise Scheduling/Timekeeping Implementation $3.238,659 $1.601.356 - S 4,840.015 100100-Human Services Comprehensive Health Records Management System(CHR) Implementation $1,374,168 - - $1,374.168 100112-Police Radio Encryption Implementation $3,314,668 $1,643,497 - 5 4.958.165 100113-Enterprise Public Safety Systems Implementation $18.030.162 - - $18,030,162 100412-E-Business Suite Upgrade Implementation $1.199,188 - - $1,199,188 100514-Real Estate Software Revitalization Awaiting Funding $250,000 $3.000.000 - $3,250,000 100533-Next Generation 911 Implementation $1,561,397 - - $1.561.397 100541-Enterprise Electronic Content&Records Management Awaiting Funding - -S 3,389,366 $3,389,366 100579-Juvenile Detention Center Security Replacement Implementation $600,000 - - 5600.000 Here is an overview of seven (7) Ongoing Projects With No Changes: Ongoing Projects With No Changes (7) Appropriated Title to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total 100083-Cable Access Infrastructure Replacement II $945,000 $315,000 $315,000 $315.000 $315,000 $315.000 Si 315.000 $2,835,000 100084-City Software UpgradelReplacement Plan $7.695,800 $2,500,000 5 2.500,000$2.500.000$2,500,000$2.500.000$2,500,000$22,695.800 100087-Communications Infrastructure Replacement III $10,751,374 $5,248,666$3.948,666$3.948.666$3,948,666$3,948,666$3,948.666$35,743,370 100103-IT Continuity II $5.390223 $1,020.458$1.020.458$1.020,458$1,020,458$1,020,458$1.020.458$11,512,971 100106-Next Generation Network $11,134,989 $1,500,000 $3,570,659 $250,000 $250,000 $250.000 $250.000 $17,205,648 100107-Network Infrastructure Replacement II $11,508,935 $6,300,026$6.316,446 Si 3,416,496 Si 3,416,496$3,416.496$3,416,496$37,791,391 100118-Telecommunications Replacement II $3 454,494 51,100,000$1,100.000$1,120,000$1,110,000$1,060,000$1.060.000$10,004,494 April 6, 2021 39 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) Projects Being Modified In the FY 2021-22 Proposed CIP (4) The next four(4)slides provide an overview of Projects Being Modified in the FY 2021-22 Proposed CIP: 100067 Next Generation Content Mgmt. Systems Official City Website Migrations: A replacement Web Content Management System(CMS)has been fiift selected IT is working to learn and execute a` change on the new platform A VBgov.com redesign will also occur with the transition to a new CMS Appropriated to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total Current Pr.•ram 275.000 275.000 Chan•e 175 000 125 000 300 FY 2022 Proposed 275,000 175,000 125,000 575.000 April 6, 2021 40 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100076 Accela Sustainment Accela Cloud Migration&Sustainment: Accela is utilized by Agriculture,City Attomey's Office,Economic Development,Housing,IT,Real - Estate,Parks&Rec,Planning,Public Utilities,and Public Works • During the cloud readiness assessment phase of the project,IT discovered customers were sharing licenses 111 • Licenses need to be individual named user licenses and NOT shared 50 additional licenses are needed to cover all system users Appropriated to Date FY22 FY23 FY24 FY25 FY26 FY27 Total Current Pro.ram 846,532 250.000 350.000 350,000 350.000 350,000 350,000 2,846.532 Chan,e 200,000 175,000 175,000 150,000 150,000 150,000 1,000,00. FY 2022 Proposed 846,532 450,000 525,000 525,000 500,000 500,000 500,000 3,846.532 r 100105 Maintain & Secure Corporate Data Security Program Development/Management: Include the Microsoft Advanced Technology Package for Office 365 to provide automated protection for phishing,safe links '' . safe attachments,and blocking malicious files .• ';: Cloud security capabilities to ensure Network Security Privileged Identity Protection,Continuous Compliance, Enterprise Cloud Governance,Active Protection and Security Posture Enforcement -'#►. 1 • Managed Security Services to enable operation of a Network ......0^-'" Operations Center(NOC)and Security Operations Center (SOC)which will ensure that the City's networks and assets _P are being monitored 24 x 7 with a high level of threat intelligence,correlation and automated threat response. Appropriated to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total Current Pro.ram 690,000 - 230.000 - 230.000 - 1.150 4 J Chan.e 1,870,000 1,095,500 2,983,063 2,806,555 1,959,853 2,377,101 13 092,07, FY 2022 Proposed 690,000 1,870,000 1,325,000 2,983,063 3,036,555 1,959,853 2,377,101 14.242.072 April 6, 2021 41 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100110 Police Oceanfront Cameras Security Cameras: • 32 Cameras installed to date �;a, The fiber path from 25th Street to 40th Street is complete (pending audit)and provides redundant paths along the AII5v boardwalk A partnership has been established with Venzon to replace or add additional poles. Venzon is adding 5G service and the City will be able to add cameras to these El ._ locations A new CIP request was originated for FY22 to expand cameras in the Oceanfront,Town Center,Mt.Trashmore _ and other high traffic areas in the City — `—�' Appropriated to Date FY22 FY 23 FY 24 FY 25 FY 26 FY 27 Total Current Program 3,465 400 - - - - - - 3465,400 • 300,000 FY 2022 Proposed 3,465400 300000 - - - - 3,765,400 New Projects Included In the FY 2021-22 Proposed CIP (5) April 6, 2021 42 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) The next five (5)slides provide an overview of New Projects Included in the FY 2021-22 Proposed CIP: 100569 Libraries Meeting Space Technology Modernization Technological inadequacies within current workspaces should be addressed to improve citizen experience a p. Integrating interactive media Q f" enhances collaboration efforts • Central was selected due to utilization and the largest variety of meeting space types in the City } Enables participation in emerging academic, � professional and,research practices that depend on digital systems t 77111 Appropriated to Date FY22 FY23 FY24 FY25 FY26 FY27 Total Project Cost - 397,442 - - - - - 397.442 100570 ECCS Back-Up Site (Phase II) Provides worksite resiliency for 911/311 operations in the event Bldg 30 is not accessible. .. VIP!. Leverages existing space using the ECCS ' Training Academy Requires additional technology and services to provide fully functional 911/311 capabilities at the alternate work location � ^ 1 ' Funding is proposed for FY24 � Appropriated to Date FY 22 FY 23 FY 24 1f , ti.1F1/21 IM Project Cost - - - 2,807,200 - - - 2,807,200 April 6, 2021 43 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100571 Electronic Pollbook Replacement All Electronic Pollbooks(laptops)currently in use are at or near end-of-hardware lifecycle. Replace current 386 laptops and add 14 new laptops to address increase in voter precincts needs EaM New mobile receipt printers and handheld - barcode scanners,used in conjunction with the electronic pollbooks,will introduce operational efficiencies at voter precincts. Annual recurring costs will be covered in the Voter Registrar's Operating Budget(no additional funds needed) Appropriated irt to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total Project Cost - 517,608 - - 517,608 100572 HR/Finance Software Sustainment The new Oracle Financials enterprise software,utilized by all departments at the I. • city of Virginia Beach,needs ongoing funding for maintenance and support, ERP effective FY22. Facilitate upcoming Federal and State mandates as well as operational changes to support business operational changes. Sustaining the enterprise software will II1110 mean continual valued use,advantages, and efficiencies gained from automation of hilik business functions. Appropriated to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total Project Cost - 1,240,836 1,245,026 1,283.347 1,287,071 1,293,071 1,298,471 7,647,822 April 6, 2021 44 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100574 Courts Technology System Sustainment Outdated technology and no available \ replacement funding has impacted the ability to present evidence in courtrooms • including audio,video,photos,etc. Outfits/upgrades 21 courtrooms in Bldg. . 11.11, 10 for the 3 Courts Provides a funding stream to keep the technology supported and current Appropriated to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total Project Cost - 1,150,000 - - - - - 1,150,000 Projects Requested But Not Funded (8) FY23 to Title Current Phase FY 22 FY 27 Total Foe Conference Room Telepresence Modernization Not Funded 5 509.680 S 0 $509,680 Municipal Center Secunty Cameras Not Funded $1,692,539 5 0 5 1,692,539 Software Asset Management Not Funded $354,016 5 0 $354,016 Revenue Management Systems Sustainment Not Funded $258,750 S 0 $258,750 P&R Meeting Space Technology Modernization Not Funded $323,268 5 0 5 323,268 W i-Fi in City Parks Not Funded $61,400 5 897.880 S 959.080 Police Citywide Camera Expansion Not Funded $3.917.149 S 0 S 3,917.149 In BuildingNotification System Not Funded $87,530 S 0 $87,530 April 6, 2021 45 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) Information Technology Section City Manager's Proposed CIP FY 2021-22 through FY 2026-27 Kevin Fairley w1 +r April 6,2021 AL The next several slides provide an overview offourteen (14)Projects With No Changes: Projects With No Changes ( 14) April 6, 2021 46 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100068 Sheriff Inmate Tracking & Status Monitoring MI6 r Tracking&Monitoring :!<�Ies er • Additional access points have been - added for expanded Wi-Fi coverage i • Training and soft launch s underway to identify any defects and to update 1. business processes while working with � little movement in the inmate s population due to COIVD best practices • Next steps are to incorporate the data onto the displays and incorporate the 2- ' way integrations betMS y too record R F A D`\ FID system and the OMS system of record JJ Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding Fundln 988,009 0 0 0 0 0 0 988.i• 100072 Fire Asset Management Equipment&Supply Tracking/Inventory • >J • Project is underway with a focus on asset c g classification for the new system and data conversion of legacy system •�` - - • Solution is a cloud-based,SaaS solution that provides asset management,quartermaster capabilities,asset requests,consumables,and required maintenance w • Data migration from the legacy Access database .t .'/— , , solution is underway alongside business process • discovery and documentation Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding .41 Fundln 518,827 0 0 0 0 0 0 518,827 April 6, 2021 47 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100073 Police Special Investigations Video Storage sip Video Storage Solution • Equipment and hardware storage location(s)has been selected and orders tom' ' placed Onsite hardware has been provisioned and data is being transferred Access for OCA will be available with the \ r^ + new solution versus using removeable drives Disaster recovery has been established to IT's an off-site IT data center to provide resiliency Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding ity Funding 926,248 0 0 0 0 0 0 926,248 100074 215t Century Enterprise Resource Planning (HCM) omprehensive Health Records This is a software replacement project ! Employees for HR,Payroll,Benefits,Performance _( Management,Recruitment and Learning Management Salaries Planning activities will start in mid 2021. Need to determine if a single integrated platform will be used or if boutique (individual)applications are a better fit for the organization Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding City Funding 3,875,000 5,484,800 2,609,800 1,992,400 0 0 0 13,962,000 April 6, 2021 48 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100075 21st Century Enterprise Resource Plan ERP(Financials) • July 1,2020 launch of accounts payable/receivable and procurement with citywide utilization • Budgeting Module was launched in ERP October 2020 • IT is currently working with business partners on workflow changes and49161 AV' finalizing data warehouse reports • Implementation is 98%complete Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding Ity Fundin 14,017,284 0 0 0 0 0 0 14,017,2 100094 Enterprise Customer Relationship Management System (CRM) Sustainment/Replacement sss y� • COVID Phase 0 completed with City Services Relief,Tax 1 t Relief,and Citizen Appointment Scheduling • Phase 1 underway with service request types being identified • 50 service request types targeted for release in Early 2021 • No funding provided to cover annual support, maintenance,or enhancements Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding 643,Fundln 608,166 0 0 0 0 0 0 608,1•• April 6, 2021 49 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100095 Enterprise Scheduling and Timekeeping Employee Scheduling&Time • Configuration updates of the Dimensions system is f underway with additional functionality • Integration development with InSite(Oracle EBS) EK'-r for People data(download)is complete and Payroll data(upload)is in testing • Final User Acceptance Testing is proceeding • A phased rollout of 5 waves will begin in June 2021 ��//■•(� ��` }�-'-"and run k ha t e yepr V Y t 1M4-. • Timeclock installation complete,and software setup is underway Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding Ity Funding 3,238,659 0 800,678 800,678 0 0 0 4,840,0 100100 Human Services Comprehensive Health Records System Comprehensive Health Records ® 11 • Hosted software solution • Aligns with the Human Service's strategic plan littinti for access to Services and Service Integration • Fit&Gap sessions began in September and were completed in January 2021 • Vendor is finalizing the mitigation plan to of address all gaps and requested enhancements - - - e "*. • 12-15-month implementation upon T-r completion of Fit&Gap Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding Funding 1,374,168 0 0 0 0 0 0 1,374,1 April 6, 2021 50 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100112 Police Radio Encryption Encrypted Radio Communications hi—� for Public Safety " u.••..•....'•,.". nave 0.. • Initial analysis completed by Unified ' •"" .r Communications to determine requirements, N`... rr,..._...-1..,..,....w , n wu. and Motorola provided a quote for •.•,+.re«.+. ann w •.u/MAx 4,n•,.. implementation I n~ • For responder safetyand situational -• _ rr„,: •.,4 Po .n..r.,.,.,,,..,�r awareness out in the field,ALL public safety �•� d .. ::`: M'�„° " agency radio traffic must be encrypted • .•••M•r.'.ar... f.w.Ma' • Funding programmed over multiple fiscal °' years;therefore,IT will complete the contract ... and kick-off in FY22 Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding Ity Funding 3,314,668 1,643,497 0 0 0 0 0 4,958,165 100113 Enterprise Public Safety Systems Ylic`_:dtc-ty F'rugrdrii * ; ub • PremierOne CAD and Mobile CAD in place - �.4111t � 1-- - _ with continual upgrades and annual releases being implemented . { • Requirements and business models are --""`- being refined for Police Records -%__. _„ Management + - • Working through the cooperative it __ procurement for the Police Records • Management system "i: r OA:'p • CAD to CAD is in final stages of -- - procurement and nearing implementation - • Intelligent Workforce Management System is being discontinued under the contract - Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 funding .43 Funding 17,630,162 0 0 0 0 0 0 17,630,162 April 6, 2021 51 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100412 E-Business Suite Upgrade • Vendor discontinuing support of City's current version of Oracle E- Business Suite(EBS)referred to as InSITE at end of CY-2021 iiiii • Upgrade E-Business Suite(EBS)from the current version R12.1.3 to R12.2.x.for full vendor support ORACLE through 2030 R 12 P • Oracle technical team has started preparations and work started -- February 2021 Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding • Funding 1,199,188 0 0 0 0 0 0 1,199,188 100514 Real Estate Software Modernization New Assessment Tools I rr t�f.�rE,. • Programmed to begin in FY21 this project will at - 51�4* fund the much-needed upgrades to the latest ��l releases of Aumentum Valuation,Tax and Records and to integrate Aumentum and E Proval into a single solution • We will also streamline the back-end database functionality and include significant business process improvements while operating on modernized hardware and software infrastructures Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding a Funding 250,000 3,000,000 0 0 0 0 0 3,250,000 April 6, 2021 52 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100533 Next Generation 911 ESlnet • The Emergency Services Information Network _.-._ (ESlnet)will migrate 9-1-1 from aging traditional o• a• ° phone infrastructure to a modern regional system _ .•.:. " • Building construction is underway to bring in the necessary diverse pathways to implement and provide resiliency • Procurement documents are being completed to FS replace end-of-life 911 equipment to utilize the ESlnet capabilities 111111111111,• Backup equipment is planned for IT's offsite data center for disaster recovery upon programming -- — Mugu goigo of the ECCS backup site CIP — Total ----'a"-'— Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding ' Fundin: 1,561,397 0 0 0 0 0 0 1516,3• 100541 Enterprise Electronic Content & Records Mgmt. Digital Records System • Awaiting funding so no work has started • Programmed for FY24 the goal is to ultimately replace existing paper- t based records management processes and to provide automated tools, • interfaces,and workflows for the i ability to manage the lifecycle of t records digitally g Y u Total Appropriated Programmed Awaiting Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding Funding ity Funding 0 0 0 3,389,366 0 0 0 3,389,3.• April 6, 2021 53 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) The next several slides will provide an overview for seven (7)Programs With No Changes: Programs With No Changes (7) 100083 Cable Access Infrastructure Replacement II - Program Non-City Funding Television Production Equipment Refresh • Dedicated funding source used to • t= procure equipment to support the City& Schools cable television channels(VBTV) _..- • Funded by subscribers to Cox and Verizon +. cable services in Virginia Beach via their kat cable bill 6 • Revenue is based on a per subscriber grant returned to the City along with the communications taxes from the state Total Appropriated Programmed Ongoing Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding • Funding 945,000 315,000 315,000 315,000 315,000 315,000 315,000 2,835,... April 6, 2021 54 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100084 City Software Upgrade/Replacement Application Portfolio Management '4 .. • The City has hundreds of mission critical k I.t software applications that must be maintained to ensure service to citizens are not interrupted , • • Many applications are multiple versions t I behind and/or on outdated infrastructure • In progress with Auto Audit,City Law, Extensis Portfolio,and GeoMedia J��P 9q` — • Completed upgrade for Laserfiche / c1 Total Appropriated Programmed Ongoing Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding • Funding 7,695,800 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 22,695,8.. 100087 Communications Infrastructure Replacement III ni,stainment/Replacement This funding is being used to support the City's Radio infrastructure(digital and analog) • Its critical to migrate non-public safety users over to the digital system for performance,needed .' features and sustainability • The current biennial system and component updates are in progress Total Appropriated Programmed Ongoing Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding ■ un.l April 6, 2021 55 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100103 IT Service Continuity II II Services ,. • This project funds unplanned information technology needs in coordination with IT projects,the CIP program and operating budgets • Used to cover operationally critical upgrades or replacements,technology research and pilot projects,critical staff training to keep abreast of the _ changes in technology and enterprise IT service operations Total Appropriated Programmed Ongoing Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding un.n. , 1, .t: l,r r,44: 1 r r,.a: ,i r,.4: ,i ,�.4. I 4: n 100106 Next Generation Network Expansion susta;mmi,nt/C opl:a<emEn1 • This sustainment CIP funds the recurring • maintenance,equipment upgrades and replacement for IT network infrastructure • includes servers,routers,switches and firewalls • Implemented GlobalProtect VPN to support increase in remote workers(COVID) • Completed Bldg.9,13,Rural Heritage Center with Bldg.27 in progress • Bldgs.15,10,12,17 and 29 are up next 4" • Cisco DNA Center Implementation is in progress .. Total Appropriated Programmed Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding ity Funding 11,134,989 1,500,000 3,570,659 250,000 250,000 250,000 250,000 17,205,64g April 6, 2021 56 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) 100107 Network Infrastructure Replacement III Sustainment/Replacement: • This sustainment CIP funds the recurring 8 •�' maintenance,equipment upgrades and .sG replacement for IT network infrastructure • includes servers,routers,switches and firewalls • Implemented GlobalProtect VPN to support increase in remote workers (COVID) • Completed Bldg.9,13,Rural Heritage Center with Bldg.27 in progress • Bldgs.10,12,17 and 29 are up next Total Appropriated Programmed Ongoing Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding ity Funding 11,508,935 6,300,026 6,316,446 3,416,496 3,416,496 3,416,496 3,416,496 37,791,39 100118 Telecommunications Replacement II Telephony System Sustoinm,nt/Rer.larr-ment: • Equipment covered are phone switches,remote site equipment,telephones,and other telecom hardware • Funds are provided by retained earnings from the Telecom jrar0 Internal Service Fund(ISF) 0 • In CY 20201100+VOIP Phones have been installed • Upgraded City Public facing call centers: • COR,DHS,HR,REA,PW Operations,PU,Treasurer • • Cisco IVR implemented to replace PU use of the legacy Nortel IVR • Replaced the legacy conference bridge Total Appropriated Programmed Ongoing Current Program to Date FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Funding ity Funding 3,454,494 1,100,000 1,100,000 1,120,000 1,110,000 1,060,000 1,060,003 10,004,4' April 6, 2021 57 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) The next several slides provide an overview of eight(8)Projects Requested But Not Funded: Projects Requested But Not Funded (8) Fire Conference Room Telepresence Modernization • Allow Fire personnel to attend training and operational meetings interactively from their (standard locations. • Reduce exposure to COVID 19 by limiting staff �. movement. • Assist the communication of fires Fire Leadership with crews. • Provide two-way communication _4 and provide online content collaboration. a� Year l Year 2 Year 3 Year 4 Year 5 Year 6 Total undin:Re•uested 509,680 509,680 az April 6, 2021 58 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) Municipal Center Security Cameras As part of the development of the overall security program for the Municipal Center, r ) the Virginia Beach Sheriff would like to install exterior video surveillance cameras throughout the campus Cameras would capture high resolution video of the municipal center campus buildings,parking lots and roadways in order t - to monitor daily activityA stu from a s ysubjectto mertr expert would be required to properly understand the high-level requirements Funding Requested 1,692,539 Software Asset Management Purchase and implement Software Asset Management(SAM) application in ServiceNow. Reduce licensing costs up to 20%. Improved visibility and reduced z; risk. Strategic alignment and better decision making. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Funding Requested 354,016 354,016 April 6, 2021 59 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) Revenue Management Systems Sustainment • The goal is to provide a fund that could be used to cover costs that may not have been budgeted . but are vital to revenue operations or mandated changes. • Examples for utilization: .••••"""'.... 011111.11 • Completing Phase 3 and 3.5 of the n; Business Portal • Enhancements to the Treasurer Payment Portal • Change and Report Requests for jr ,`r,p�,, vendor execution 1� ;�,l • New or upgraded modules from PCI •a`' • iNovah enhancements/upgrades • Mobile Assessor Project/upgrades Funding Requested 258,750 258,75 P&R Meeting Space Technology Modernization • Increased Usage of the Meeting Spaces— New collaborative technology,including enhanced teleconferencing solutions,will give users more incentive to increase utilization of the meeting room spaces, 4,110 driving productivity and collaborative work up across the department. • Setting Meeting Room Standards for the City will simplify both the end-user experience as well as the technical knowledge required as all meeting room spaces will have the same solution across the board,with very little differentiation. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Funding Requested 323,268 323,26i 06 April 6, 2021 60 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) WiFi in City Parks • Provide outdoor public WIFI capability at Fr. _ select fields including the Prince Anne Athletic Complex,City View Park and the stage area at Mount Trashmore. *40 • Sports leagues reserving fields at Princess Anne Athletic Complex and City View park have requested the ability to live-stream their events. • WIFI availability would also provide vendors the ability to take credit card payments from citizens at our events thereby smoothing the citizen customer service experience. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Funding Requested 61,400 156,080 185,400 185,400 185,400 185,400 959,08' Police Citywide Camera Expansion • Provides additional cameras at the oceanfront,Town Center, Mt.Trashmore and major traffic intersections. • Improved management of viewing, alerting,dispatching and recording of incidents in key areas of the City. • Adds and additional 55 cameras to assist z '` � in proactively addressing public safety concerns by providing visibility of pedestrians,events,vehicle traffic,and 0 crowds. Funding Requested 3,917,149 3,917,149 April 6, 2021 61 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#71449 (Continued) In-Building Notification System Expansion • Notification software solution that provides the ability for city computers and telephones(city network devices)to be use as a system for paging and emergency alerting. • Expanded location based alerting system to warn employees fah •- of a threat quickly and efficiently • Emergency Broadcasts Include: ♦Q^C] IF • 911 Dialed from Cisco Phone,Call recorded and saved ... • Alert first Responders to medical issue • Facility Lockdown/Active Threat • On prem"stay in a secure area,"External users"Don't come until further notice" • Panic Button _El • Cisco soft key,PC shortcut key ^-^--�- • Discreet activation and text sent;Alert key staff and personnel Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Fundin:Re.uested 87,530 87,53• Mayor Dyer expressed his appreciation to Mr. Fairley for the presentation. April 6, 2021 62 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) COASTAL ITEM#71450 3:22 P.M. Mayor Dyer welcomed Daniel Adams, Coastal Program and Project Management—Public Works. Mr. Adams expressed his appreciation to City Council for their continued support: cx,Mwro�w ao� Public Works FY 2022-2027 CIP City Council Briefing Coastal 11/4/3 0 . . Apra 6,2021 Dan Adams, P.E. Here is the Coastal Overview: Coastal Overview lir I. Proposed Coastal FY 2022-2027 CIP Overview • Funding Summary ii Projects/Programs w/No Changes ' -- UI. Challenges \ m4 J `> 'i "=` =ALL 1 X/BPuhlit'\V" rks April 6, 2021 63 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) COASTAL ITEM#71450 (Continued) Proposed FY2022-2027 i. Overview Coastal CIP a Here is the Coastal Proposed FY 2021-2026 CIP Funding Summary: M3 I. Coastal Proposed FY 2021-2026 CIP 0 Funding Summary Neigh.Nay40 Dredging 4 ■ Beach Access 8 Replenishment Funding Years 1-6 $51.8 M(58.9%) o;a_i_ rr.gr., Navigational Dredging Funding Years 1-6:$31.8 M(36.2%) ID Projecrs/Programs Nov. Coastal Dredging n9 Funding r. Neighborhood Navigational Dredging Funding Years 1-6.$4.3 M(4.9%) Years 1-6 ofr • 9 Projects/Programs Total Coastal Program Funding Years 1-6:$87.9 M 26 Total Projects/Programs Total Coastal Program Cost:$175.6 M -1 j)1-/I 6. 02/ 64 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) COASTAL ITEM#71450 (Continued) Proposed FY2022-2027 ��• Coastal CIP Projects/Programs with No Changes OO Here is the project Summary for Beach Access&Replenishment. II. Coastal Projects/Programs w/ No Changes Summary-Beach Access Sr Replenishment Programs: Project Project Appropriated FY22 FY23 FY24 FY25 FY26 FY27 Total to Date Bay Beaches Restoration 100030 4,125,000 0 2,500,000 0 3,000,000 0 0 9,625,000 ©Beach Profile Monitoring Program II 100036 520,000 125,000 150,000 150,000 75,000 75,000 75,000 1,170,000 ©Beach Replenishment II 100038 10,791,921 2,550,000 2,550,000 2,550,000 2,550,000 2,550,000 2,550,000 26,091,921 O Chesapeake Beach Restoration 100064 5,878,079 1 2,650,000 0 0 0 0 8,528,079 SImandbridgeprovements I BeachI Access 100349 2,675,000 325,000 350,000 350,000 350,000 350,000 350,000 4,750,000 Sandbridge Beach Restoration III 100351 20,737,922 0 0 0 0 0 0 20,737,922 Sandbridge Beach Restoration IV 100510 14,850,101 4,276,341 4,276,341 4,276,341 4,276,341 4,276,341 4,276,341 40,508,147 April 6, 2021 65 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) COASTAL ITEM#71450 (Continued) Here is the project Summary for Navigational Dredging: 11/4113 II. Coastal Projects/Programs w/ No Changes 400 raa- Summary-Navigational Dredging Projects: Project FY22 Current Appropriated FY22 FY23-FY27 Total 6TC e Phase to Date ©Dredge Operations Rehab and Modifications 100149 Design 250000 1750,000 0 2,000,000 0 ©Eastem Branch Lynnhaven River Dredging 100152 Acquisition/ 5,214,935 Design 375,000 0 5,589,935 0 ©Pleasure House Point Mitigation 100304 Design 426,492 0 2,593,508 3,020,000 0 U Pleasure House Point Mitigation Funds 100305 Design 230,000 0 0 230,000 0 ©Replacement for Rudee Inlet Dredge MI Design 1,291,536 7,291,233 0 8,582,769 0 Q Western Branch Lynnhaven River Dredging II 100552 Design FY 23 0 0 7,421,238 7,421,238 0 Programs: Program IR Appropriatedto Date FY22 FY23 FY24 FY25 FY26 FY27 Total IILynnhaven Inlet Maintenance 100258 2,342,450 0 375,000 375,000 375,000 375,000 375,000 4,217,450 Dredging II El Rudee Inlet Federal Dredging II 100344 4,560,000 600,000 600,000 600,000 600,000 600,000 600,000 8,160,000 iiRudee inlet Outer Channel Maintenance 100345 6,275,000 750,000 750,000 750,000 750,000 750,000 750,000 10,775,000 Dredging II m Various Minor Dredging Projects II 100450 2,675,000 400,000 400,000 400,000 400,000 400,000 400,000 5,075,000 Here is the project Summary for Neighborhood Navigation Dredging SSD's: Va 11, Coastal Projects/Programs w/ No Changes Summary-Neighborhood Navigation Dredging SSD's Projects: Protest PM*" Current Phrase AP meted FY22 FY23-Fr27 Total ©Sayville Creek Neighborhood Dredging II 100030 Design FY22 1 73,000 363,000 436,000 ©Chesopeian Colony Neighborhood Dredging II 100277 Design FY 23 � 1,745,796 1,745,796 ©Gills Cove Neighborhood Dredging 100193 Design 781,786 0 0 781,786 El Harbour Point Neighborhood Dredging II 100560 Design FY 23 0 0 130,000 130,000 ©Hurd's Cove Neighborhood Dredging 100210 Design 3,462,000 0 0 3,462,000 Q Old Donation Creek Area Dredging II 100534 Design FY 22 107,107 82,000 570,000 759,107 U Shadowlawn Neighborhood Dredging II 100550 Design FY 23 0 0 251,000 251,000 fl Schilling Point Neighborhood Dredging 100364 Design 137,718 243,828 0 381,546 Programs: Program iiii ApptoropriDateated FY22 FY23 FY24 FY25 FY26 FY27 Total IINeighborhood Dredging Spur 100274 303,660 51,000 229 156 593,981 0 0 0 1,177,797 Channels April 6, 2021 66 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) COASTAL ITEM#71450 (Continued) Here is an overview of the Eastern Branch Lynnhaven River Dredging Project: IL Coastal Projects w/ No Changes Eastern Branch Lynnhaven River Dredging •Project#100152 •Maintenance dredging of approximately five miles of the Eastern Branch Lynnnhaven River main channel from VB Blvd.to Keeling Drain • Includes construction of a mechanical dredging material transfer station r, 00,1 i- x •Last major dredging was performed hydraulically in 1991 ::'kr a, Total Project Cost:$5.6M FY22 Proposed $5,214,935 $375,000 $5.589.935 Here is an overview of the Bay Beaches Project: W II. Coastal Projects w/ No Changes Bay Beaches • Project#10030 •Ocean Park Beach restoration planned for 2020 was delayed due to high bids •Planned restoration of Cape Henry jam+ Beach in FY 23 • Harbor Deepening project may provide a more economical source of sand for Bay Beaches in late 2021 1 Total'rarer,C'st e� APProPr,ated FY 22 FYI FY 25 FY 26 FY to Data FY22 Proposed $4,125,000 $0 $2,500,000 3,000,000 $9,625,000 April 6, 2021 67 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) COASTAL ITEM#71450 (Continued) Proposed FY2022-2027 III. Coastal CIP Challenges Here is a Summary for Coastal Challenges: Ill. Coastal Challenges Summary •Beach nourishment provides the 'I '•` - benefits of a wider recreational • Chesapeake Beach during Nor'Ida 2009 beach but the most critical benefit is resiliency and storm damage reduction 4 __ •Beach nourishment will likely become even more critical in future years as a first line of After Ash Wednesday Storm t962 defense against Relative Sea .Near Resort Beach Coast Guard Station —�- } - Level Rise •Continuation of funding for shore �` protection program is vital to maintain and sustain resilient beaches Sandbridge Beach 1991 Nor'easter April 6, 2021 68 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) COASTAL ITEM#71450 (Continued) Discussion U-3 Mayor Dyer expressed his appreciation to Mr.Adams for the presentation. April 6, 2021 69 CITY COUNCIL LIAISON REPORTS ITEM#71451 3:45P.M. Council Member Moss advised the Military Economic Development Advisory Committee(MEDAC)held a meeting last week and was encouraged and pleased with the future design for Naval Air Station Oceana and reported on their continuous work to assist exiting military to find work within the community. April 6, 2021 70 CITY COUNCIL COMMENTS ITEM#71452 3:46 P.M. Council Member Moss advised he will discuss the Cavalier lawn under Old Business on tonight's agenda and will discuss the budget under New Business. April 6, 2021 71 CITY COUNCIL COMMENTS ITEM#71453 (Continued) Council Member Wilson advised B. A. Andrews provided a Hampton Roads Transit (HRT)Report to City Council on the oceanfront and requested staff review it as it provides good recommendations for improvements. April 6, 2021 72 AGENDA REVIEW SESSION ITEM#71454 3:38 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to EXTEND the Sunset Date to April 5, 2022, re residential permit parking in the Historic Cavalier Shores Neighborhood(Deferred from March 2, 2021) 2. Ordinance to GRANT a Franchise Agreement to Criollos, Inc. t/a Criollo's Latin Food Café at 2006 Atlantic Avenue re sidewalk café 3. Ordinance to AMEND City Code Section 35-42 re disabled veteran personal property tax exemptions 4. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances and enter into a contract with Cherry Bekaert, LLP at an estimated cost of $189,425 5. Resolution to REQUEST the Virginia Department of Transportation(VDOT)ACCEPT Corrections to the Road Inventory for Urban Maintenance Payments 6. Ordinance to ADOPT the 2021 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp, and construct and maintain a pier, open-sided roof and boat lift 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier, boat lift, and jet ski floats 9. Ordinance to AUTHORIZE one (1.0 FTE) Grant-Funded position in the Office of Emergency Management re support Flood Mitigation Assistance Program J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO APRIL 20, 2021 ITEM#8 WILL BE CONSIDERED FOR DEFERRAL TO APRIL 20, 2021 April 6, 2021 73 AGENDA REVIEW SESSION ITEM#71454 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. MARGERY&AJELLISfor a Conditional Use Permit re short term rental at 5632 Freewill Lane DISTRICT 1 - CENTER VILLE 2. JAIME DYMOND for a Conditional Use Permit re short term rental at 3817 Daiquiri Lane DISTRICT 1 - CENTER VILLE 3. BENJAMIN A.ABAIR for a Conditional Use Permit re short term rental at 2513 Mortons Road DISTRICT 4-BAYSIDE 4. JOSEPH LAYNE DONOVAN for Conditional Use Permits re short term rentals at 52513`h Street, Units A &B DISTRICT 6—BEACH 5. CESJB,LLC for a Conditional Use Permit re short term rental at 409 24`h '/z Street DISTRICT 6 —BEACH 6. ALBERT&ENIT LULUSHI for a Conditional Use Permit re short term rental at 528 Vanderbilt Avenue DISTRICT 6—BEACH 7. CYNTHIA SHEPPARD for a Conditional Use Permit re short term rental at 304 28`h Street, Unit 201 DISTRICT 6—BEACH 8. RYAN SUMMERS for a Conditional Use Permit re short term rental at 304 28th Street, Unit 113 DISTRICT 6—BEACH 9. CORTNEYROSE, TRUSTEE OF THE ROSE FAMILY TRUST/THE ROSE FAMILY TRUST for a Conditional Use Permit re short term rental at 721 13th Street DISTRICT 6—BEACH 10. RICHARD & PATRICIA HALL REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 947 Indian Circle DISTRICT 6—BEACH 11. CHARLES K. BAIN& KATHY BAIN for a Conditional Use Permit re short term rental at 915 Pacific Avenue, Unit A DISTRICT 6— BEACH K.PLANNING ITEMS: COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEMS 7, 8 and 11 COUNCIL MEMBER JONES WILL VOTE NAY ON ITEMS 7, 8 and 11 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEMS 7, 8 and 11 ITEMS#1,2, 3, 4, 5, 6, 9 and 10 WILL BE CONSIDERED SEPARATELY April 6, 2021 74 ITEM#71455 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). • Princess Anne 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 v. City of Virginia Beach • Adams Outdoor v. City of Virginia Beach April 6, 2021 75 ITEM#71455 (Continued) Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 3:48 P.M. Voting: 10-0 Council Members Voting Aye: 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 Break 3:48 P.M. — 3:55 P.M. Closed Session 3:55 P.M. — 5:42 P.M. April 6, 2021 76 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 6, 2021 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, April 6, 2021, at 6:00 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-Ill 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. April 6, 2021 77 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 identib,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. April 6, 2021 78 ITEM— VILE CERTIFICATION ITEM#71456 Upon motion by Council Member Tower, seconded by Council Member Moss, 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: 10-0 Council Members Voting Aye: 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 April 6, 2021 GAN1A.B% j 5 fO; . �yr 5 OF OUR NI�,`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#71456 Page 78 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 ��,a Barnes,q C City Clerk April 6, 2021 79 ITEM— VII.F.1 MINUTES ITEM#71457 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the SPECIAL SESSION of March 8,2021 Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 80 ITEM— VILF.2 MINUTES ITEM#71458 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the SPECIAL SESSION of March 9, 2021 Voting.• 10-0 Council Members Voting Aye: 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 April 6, 2021 81 ITEM— VILF.3 MINUTES ITEM#71459 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 16, 2021 Voting: 9-0 Council Members Voting Aye: 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 Abstaining: Michael F. Berlucchi Council Members Absent: Jessica P.Abbott April 6, 2021 82 ITEM— VILG.1 MAYOR'S PRESENTATION ITEM#71460 PROCLAMATION HELP CAN'T WAIT—SICKLE CELL AWARENESS MONTH Mayor Dyer welcomed Michelle Ellis Young,Executive Director—American Red Cross of Coastal Virginia and presented the Proclamation recognizing April 2021, as "HELP CAN'T WAIT— SICKLE CELL AWARENESS MONTH". Mayor Dyer expressed his appreciation to the American Red Cross of Coastal Virginia and New Jerusalem Ministries for their work in raising awareness about the important benefits of donating blood to help treat Sickle Cell Disease and urged all citizens to support local blood drives. Ms. Young expressed her appreciation to City Council for this recognition and their continuous support. Ms. Young advised every two (2) seconds, there is someone, somewhere, who needs blood and asked all those who are able to donate. April 6, 2021 .414 od' _ ;;.:: 1.1 Cp OUR NAS�Ot� J firodamation Whereas: The City of Virginia Beach is committed to ensuring the safety and security of all those living in and visiting the City of Virginia(Beach;and Whereas A sufficient blood supply is a public safety issue both locally and-nationally, and our hospitals and medua(centers need a readily available supply for our residents and visitors;and Whereas: One 6looddonation can help up to three patients,and although an estimated 38% of the V.S. population is eligible to donate blood; Less than 10% do; and Whereas: Blood transfusions help to provide a lifesaving treatment for patients with Sickle Cell(Disease, the most common genetic blood disease in the V.S. A condition that occurs in 1 in 365 BlackorAfrican American births;and Whereas: The City of Virginia Beach is home to several committed public service and private organizations working to raise awareness about the importance of blood donation as a way to support the Sickle Cell-Community. Now Therefore, 112obert M. Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim: f4pri1 2 021 lielp Can't Wait — Sic- CetTJ4wareness W onth Inlinginia cBeach,we are honored to have American Red Cross of Coastal-Virginia,Sickle Cell Association, Inc. -2fampton Roads,and New Jerusalem Ministries working towards raising awareness about the benefits of donating blood and sickle cell disease. I urge all the people of the City of Virginia Beach to support local blood drives. In Witness Whereof I have hereunto set my hand and caused the Offi'cia(Sealof the City of Virginia(Beach, Virginia, to be affixed this'First day ofApril Two Tfiousancf Twenty -One. ff‘t41' Robert UII. "Bobby"(Dyer Mayor 83 ITEM— VILH.1 PUBLIC HEARING ITEM#71461 Mayor Dyer DECLARED a PUBLIC HEARING: CAFE FRANCHISE AGREEMENT Criollos, Inc. t/a Criollo's Latin food Café at 2006 Atlantic Avenue re sidewalk café 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 April 6, 2021 84 ITEM— VII.I. FORMAL SESSION AGENDA ITEM#71462 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 Ordinances/Resolutions J: 2, 3, 4, 5, 6 and 9 and Planning Items K: 7, 8 and 11 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions J:2,3,4, 5, 6 and 9 and Planning Items K: 7, 8 and 11 Voting: 10-0 Council Members Voting Aye: 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 J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED FOR DEFERRAL TO APRIL 20, 2021 ITEM#8 WILL BE CONSIDERED FOR DEFERRAL TO APRIL 20, 2021 K.PLANNING ITEMS: COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEMS 7, 8 and 11 COUNCIL MEMBER JONES WILL VOTE NAY ON ITEMS 7, 8 and 11 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEMS 7, 8 and 11 ITEMS#1, 2, 3,4, 5, 6, 9 and 10 WILL BE CONSIDERED SEPARATELY April 6, 2021 85 ITEM— VII.J.1 ORDINANCES/RESOLUTIONS ITEM#71463 The following registered to speak: John David, 410 48`h Street, Phone: 748-3131, spoke in OPPOSITION Robert Woodard, 214 43rd Street, Phone: 619-8052, spoke in SUPPORT Vincent Olivieri, 216 43rd Street, Phone: 403-8168, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone:213-6674, spoke in OPPOSITION Steve Burwell, 310 45`h Street, Phone: 650-2667 spoke in SUPPORT After City Council discussion, Council Member Tower made a motion,seconded by Council Member Moss, to ADOPT Ordinance to EXTEND the Sunset Date to April 5, 2022, re residential permit parking in the Historic Cavalier Shores Neighborhood(Deferred from March 2, 2021) Council Member Wilson then made a SUBSTITUTE MOTION, seconded by Council Member Moss, to AMEND the Ordinance to extend the parking time limit from three (3) to four(4) hours. Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 86 ITEM— VILJ.1 ORDINANCES/RESOLUTIONS ITEM#71463 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council ADOPTED, AS AMENDED, Ordinance to EXTEND the Sunset Date to April 5, 2022, re residential permit parking in the Historic Cavalier Shores Neighborhood(Deferred from March 2, 2021) Voting: 10-0 Council Members Voting Aye: 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 *Council Member Tower filed a disclosure letter April 6, 2021 1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF 2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 5 6 WHEREAS, the Virginia Department of Historic Resources added the Cavalier 7 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the 8 Virginia Landmarks Register, noting: 9 10 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 11 housing development sponsored by the city's now-iconic Cavalier Hotel, 12 which opened that same year. While the neighborhood's direct link to the 13 hotel has since faded, a brick promenade leading to a gate to the hotel 14 grounds recalls the earlier connection. Cavalier Shores is an example of 15 coastal suburban development during the first half of the 20th century. Its 16 dense housing dating to the era indicates the neighborhood's early 17 popularity and subsequent growth. Its seven blocks of houses are 18 predominated by Colonial Revival style designs, with Tudor Revival and 19 Minimal Traditional. Lining the neighborhood's alleyways are a complement 20 of rear garages and guesthouses, the latter a common feature of coastal 21 developments of the era. The district also conveys a sense of beautification 22 and landscaping, a defining aspect of the neighborhood since the 1920s. 23 Most of the district's lots were developed by the late 1960s. Today, Cavalier 24 Shores is a rare collection of early-20th century residential architecture in 25 Virginia Beach. 26 27 WHEREAS, the Cavalier Shores Historic District also is listed in the National 28 Register of Historic Places; 29 30 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 31 Shores is a unique area that consists of"dense housing" dating to an era when driveways 32 were less common, and current residents of Cavalier Shores require on-street parking for 33 their vehicles; 34 35 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 36 to or near their homes has been severely impacted as a result of the multi-year 37 construction associated with the Cavalier Hotel project; 38 39 WHEREAS, the City Council desires to address the unique needs of this historic 40 neighborhood during the time of construction by extending for another year the one-year 41 temporary pilot program it previously established—separate and apart from the current 42 Residential Parking Permit Program—to continue to address the parking needs of 43 Cavalier Shores residents. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 48 That Article III, Division 5 of Chapter 21 shall continue to provide as follows, except 49 that Section 21-383(b) is amended as indicated below: 50 51 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 52 53 Sec. 21-381. - Objectives. 54 55 This Division is adopted as a temporary pilot program in order to mitigate traffic 56 congestion and parking scarcity on public streets within the Cavalier Shores 57 neighborhood adjacent to an ongoing construction project. 58 59 Sec. 21-382. - Definitions. 60 61 As used in this Division: 62 63 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 64 and shall also include mopeds and motorcycles, as defined therein. 65 66 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 67 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 68 43rd 1/2, 43rd, and 42nd '/2 Streets; the north side of 42nd Street; the alley that 69 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 70 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 71 Avenue. 72 73 Sec. 21-383. - Parking restrictions. 74 75 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 76 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 77 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 78 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 79 Shores Neighborhood. 80 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 81 Shores neighborhood, where notice of these restrictions have been conspicuously 82 posted in accordance with this division, for longer than a three four-hour period in any 83 day unless there is affixed to the driver's side exterior surface of the windshield of 84 such motor vehicle a valid residential parking permit or a temporary guest pass as 85 authorized by subsection 21-354(b) hanging from the rearview mirror. 86 Sec. 21-384. - Permits generally. 87 88 The City Treasurer or the city's parking management office shall issue residential parking 89 permits pursuant to this division in accordance with the procedures set forth in section 90 21-354. However, no permit shall be issued pursuant to this section for employee parking 91 in the Cavalier Shores Neighborhood. 92 93 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 94 VIRGINIA BEACH, VIRGINIA: 95 96 That the effective date of this ordinance shall be April 5, 2021, and that, absent 97 additional action by the City Council to the contrary, this ordinance shall automatically 98 sunset and expire on April 5, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this h r h day of April , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office' 3 CA15326 R-3 April 7, 2021 GINtA•BE4 4r City of Virginia Beach 14, irs oUR NA31°4 5 VBgov.com GUY K.TOWER April 6, 2021 CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH In Reply Refer to 0070065 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) 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 the City Council's discussion and vote on an ordinance to extend the sunset date of Article III, Division 5 of Chapter 21 of the City Code pertaining to residential permit parking in the historic Cavalier Shores neighborhood. 2. My home, which is located at 211 43rd Street, is within the boundaries of this residential permit parking program. 3. I am a member of a group—homeowners in the Cavalier Shores neighborhood— the members of which may be affected by this transaction. I am able to participate in the City Council's consideration of this agenda item fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Si rely, y K. Tower Councilmember GKT/RRI 211 43rd STREET.VIRGINIA BEACH.VA 23451 87 ITEM— VILJ.2 ORDINANCES/RESOLUTIONS ITEM#71464 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement to Criollos,Inc. t/a Criollo's Latin Food Café at 2006 Atlantic Avenue re sidewalk café Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OUTDOOR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 ("Revised Regulations") on October 20, 2020; and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, Criollos, Inc., t/a Criollo's Latin Food Cafe, is seeking a one-year 24 franchise agreement for the operation of a Sidewalk (Atlantic to Pacific) café at 2006 25 Atlantic Avenue; and 26 27 WHEREAS, the Strategic Growth Area Office recommends that the above- 28 named entity be granted an outdoor café franchise agreement. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH: 32 33 That the City Council hereby grants a one-year franchise agreement to Criollos, 34 Inc., t/a Criollo's Latin Food Cafe, for the operation of a Sidewalk (Atlantic to Pacific) 35 café at 2006 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this6 t h day of April 2021. APP OVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /,-/Wilf-- -—Th A,,,,,.. k___cro c trategic Growth Area Office City Attorneys Office CA15345 R-1 March 18, 2021 88 ITEM— VILJ.3 ORDINANCES/RESOLUTIONS ITEM#71465 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 35-42 re disabled veteran personal property tax exemptions Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 1 AN ORDINANCE TO AMEND SECTION 35-42 OF 2 THE CITY CODE REGARDING THE 3 ADMINISTRATION OF DISABLED VETERAN 4 PERSONAL PROPERTY TAX EXEMPTIONS 5 6 Section Amended: § 35-42 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT 10 11 Section 35-42 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-42. - Administration of tax exemption program for disabled veterans, 15 surviving spouses of servicemembers killed in action, and surviving spouses of 16 certain first responders killed in the line of duty; application of exemption 17 programs to special service districts; disabled veteran personal property 18 exemption. 19 20 (a) The disabled veteran real property tax exemption, surviving spouse of 21 servicemembers killed in action, and surviving spouse of certain first responders killed 22 in the line of duty programs shall be administered by the commissioner of the 23 revenue. The commissioner of the revenue shall administer these programs in 24 accordance with the Virginia Constitution and the Virginia Code. 25 26 (b) For the programs described in subsection (a), the exemption or partial exemption 27 authorized by the General Assembly shall extend in the same manner to any 28 additional levies imposed by special service districts. 29 30 ici The disabled veteran personal property exemption authorized by Virginia Code 31 58.1-3668 shall be administered by the commissioner of the revenue. The 32 commissioner of the revenue shall administer this program in accordance with the 33 Virginia Constitution and the Virginia Code. Any applicant seeking such exemption 34 shall make an application to the commissioner of the revenue. Such application shall 35 include information sufficient for the commissioner of the revenue to determine initial 36 eligibility, and the commissioner shall confirm continuing eligibility for such exemption 37 every three years thereafter. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day Of April , 2021. APPROVE AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: e /P- . CGAL- ______ Co�rwnissioner o Revenue I A ey's Office CA15369/R-1/March 25, 2021 89 ITEM— VILJ.4 ORDINANCES/RESOLUTIONS ITEM#71466 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances and enter into a contract with Cherry Bekaert, LLP at an estimated cost of$189,425 Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 1 AN ORDINANCE AUTHORIZING AN INDEPENDENT 2 AUDIT OF THE CITY OF VIRGINIA BEACH'S 3 FINANCES 4 5 WHEREAS, the City Charter requires an independent audit of the City's finances 6 at the end of each fiscal year; 7 8 WHEREAS, a financial audit selection committee prepared and Purchasing 9 distributed a Request for Proposals ("REP") for an independent audit of the City's financial 10 statements, including the Virginia Beach City Public Schools (VBCPS) and Development 11 Authority, for the 2021 through 2022 fiscal years, respectively; 12 13 WHEREAS, after evaluating the proposals, the selection committee has 14 recommended Cherry Bekaert, LLP, to perform the independent audit; 15 16 WHEREAS, pursuant to the RFP, the VBCPS intends to enter into a separate 17 contract for this audit; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. The City Manager is hereby authorized to enter into a contract with Cherry 23 Bekaert, LLP, in a form acceptable to the City Attorney, for the performance of an 24 independent annual audit of the financial statements of the City of Virginia Beach and the 25 City of Virginia Beach Development Authority for FY 2021 and 2022, at an estimated cost 26 of$171,100 and $18,325 for FY 2021. 27 28 2. The City Manager is hereby authorized to renew the contract, subject to the 29 availability of appropriated funds, for additional years thereafter, not to exceed three one- 30 year periods. Adopted by the Council of the City of Virginia Beach on the 6 t h day of April , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Auditor's Office i orney's ice CA15368 R-1 March 24. 2021 90 ITEM— VII.J.5 ORDINANCES/RESOLUTIONS ITEM#71467 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT Corrections to the Road Inventory for Urban Maintenance Payments Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 CORRECTIONS TO THE ROAD INVENTORY FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting corrections or deletions to the revised road inventory for 8 urban maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, corrections to the revised road inventory have been made as shown 15 on Exhibit A (attached), resulting in a net increase of 0.60 (Local/Collector) lane miles; 16 and 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved the corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby requests the Virginia Department of Transport?+'on 25 to accept the corrections listed on Exhibit A, attached hereto and incorporated by 26 reference. Adopted by the Council of the City of Virginia Beach, Virginia, on the h t h day of April , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. ii f QL. Department of F'u lic Works 's Office CA15363 R-1 March 25, 2021 City of Virginia Beach Exhibit A - Changes Public Works/Operations Additions/Replaced deletions Street Type STREET FROM TO LANE MILES LOCAL CHAMBERINO DR ARTESIA WY S DEAD END 0.76 Total Lane Miles of LOCAL streets: 112.6 Total Lane Miles of Additions/Replaced deletions : 0.76 Deletions111111111.1 Street Type STREET FROM TO LANE MILES LOCAL ALLERSON LA RT 1865 THOROUGHGOOD RD CUL-DE-SAC S -0.12 Total Lane Miles of LOCAL streets: A.1/ Total Lane Miles of Deletions: -0.12 Deletions/To be replaced Street Type STREET FROM TO LANE MILES LOCAL CHAMBERINO DR ARTESIA WY S DEAD END -0.04 Total Lane Miles of LOCAL streets: AD4 Total Lane Miles of Deletions/To be replaced : -0.04 Tuesday,February 9,2021 Page 1 of 1 N . _.. ., . ., C. 73. O \ A. n .73 5. 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Ps ► " .<<" :4- ri 7 co r0 Q� 7 co SL. 73 a u' z -P:R BISHOPS o O ''S / 0 C,Q 0l,1, TWO WOODS RD THORpuG , Op �y D LN TH "OUGHGOOD DR • r • o 70 2 co co Y cp z Z �so r�v BIZ _ 73 =i i ALLERSON LN 0 z vo WAKEFIELD DR v �R�G\- gG\R GOON • O v N N Deletions/To be replaced A RM/7AGFR� VDOT Street Report p Ci of Virginia Beach �S o� � 9 �NF <<<N o Department of Public Works February 2021 4,0 zli„ n.. \.lesol\‘4 ' c. .z. /3 A. .4z: /3 ' \ \' 0 0'o yik CHAMBERINO DR e41pSve Py 0 O. ooJ MMMop `J t/q..zE• ,w c �, ifs, 4 y es .- CAM/N0 cr C iti 1146,,c.Wig Y o� sge 7 �Nq wqy ' �o �N co sr , c '')0, Z /. sego t BRASILENO CT___ -) N Deletions/To be replaced A ct 6- E\ . o Q 0 o VDOT Street Report �� w ��%Q� City of Virginia Beach c' Department of Public Works 1 �� February 2021 91 ITEM— VII.J.6 ORDINANCES/RESOLUTIONS ITEM#71468 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT the 2021 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 1 AN ORDINANCE TO ADOPT THE 2021 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN AND REVISED 3 ADMINISTRATIVE PLAN AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE AND SUBMIT THE PLANS TO 5 THE U.S. DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally funded Housing Choice Voucher Program ("HCV"). 10 formerly known as the Section 8 Program: 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit an HCV Administrative Plan and 14 either: (i) an Annual Agency Plan for each fiscal year in which DHNP receives federal 15 funding for its HCV Program; and (ii) an HCV Administrative Plan; 16 17 WHEREAS, the Annual Agency Plan provides an update to HUD on DHNP's 18 progress in achieving the goals of the current Five-Year Plan; 19 20 WHEREAS, the purpose of the HCV Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1. The DHNP's Annual Agency Plan and Revised HCV Administrative Plan for the 27 Housing Choice Voucher Program (the "Plans") are hereby approved, provided 28 such Plans conform in all material aspects to the Annual Plan and Executive 29 Summary of Administrative Plan attached hereto; and 30 31 2. The City Manager is hereby authorized to execute and submit the Plans and 32 any certifications regarding such Plans to the U.S. Department of Housing and 33 Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of April , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: U\-- \ Housing & Neighborhood Preservatio • o ey's 0 ice CA15370 R-1 March 25. 2021 Executive Summary 2021 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation(DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2020. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV)program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 7, 2020 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: 1 Executive Summary 2021 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences,procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension"means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy" (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for special purpose(e.g. continuum of care), including funding for specified families or specified category of families (Chapter 4); • Occupancy polices, including definition of what group of persons may qualify as a"family", definition of when a family is considered to be"continuously assisted", standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 1); • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit(Chapter2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12); • How to determine who remains in the program is a family breaks up (Chapter 12); • Informal review procedures for applicants (Chapter 18); • Informal hearing procedures for participants (Chapter 16); • The process for establishing and revising voucher payment standards (Chapter 8); 2 Executive Summary 2021 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 • The method of determining reasonable rent to owners (Chapter 11); • Special policies concerning special housing types in the program (e.g. use of shared housing) (Chapter 4); • Policies concerning debts owed by families to DHNP (Chapter 17); • Interim re-determinations of family income and composition (Chapter 12); • Restrictions on the number of moves by a participant family(Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve(Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 10); and • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) Additional Detail on Plan Contents Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: • Eligibility, selection and admissions policies, including de-concentration and wait list procedures • Financial resources • Rent determination procedures • Operations and management • Grievance procedures • Civil rights certifications • Fiscal year audit • Housing needs for the area • Strategy for meeting housing needs • Progress in meeting mission and goals • Any significant amendment and substantial deviations or modifications • Any plan elements that have been revised since the last Annual Plan certification • A listing of the locations where key elements of the Plan can be found As mentioned, many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. 3 Executive Summary 2021 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 6, 2021 In addition to City Council adoption of the 2021 Agency Plan, there must also be approval of two HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan, and is previously cited. On February 26, 2021, the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 8, 2021, in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submission along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 15, 2021, which is the required 75 days before the beginning of our Fiscal Year of July 1, 2021. Administrative Plan: Staff has developed revisions to the 2021 plan. Primary differences between the prior plan and this proposed revision are as follows: • For the Tenant Based Rental Assistance(TBRA) program (which is targeted toward preventing homelessness), we amended the administrative plan to provide an automatic briefing to qualifying graduates of the program. The plan previously only allowed for a preference, so only those TBRA graduates who applied in 2012 qualified. • We are amending the administrative plan to allow us to charge $50 for a 3rd inspection(and any subsequent inspections) if the first two were both owner- caused. This will allow more efficient use of inspectors' time as it gives an incentive to owners to prepare units before our inspectors visit, and to be more thorough in following the deficiency report. The policy is modeled on Code Enforcement's Certificate of Compliance Rental Inspection Program. These proposed revisions were advertised and made available along with the Annual Plan as noted above. 4 Streamlined Annual U.S.Department of Housing and Urban Development OMB No.2577-0226 Office of Public and Indian Housing Expires: 02/29/2016 PHA Plan (High Performer PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies,rules,and requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families Applicability. Form HUD-50075-HP is to be completed annually by High Performing PHAs. PHAs that meet the definition of a Standard PHA,Troubled PHA,HCV-Only PHA,Small PHA,or Qualified PHA do not need to submit this form. Definitions. (1) High-Performer PHA—A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers,and was designated as a high performer on both of the most recent Public Housing Assessment System(PHAS)and Section Eight Management Assessment Program(SEMAP) assessments. (2) Small PHA-A PHA that is not designated as PHAS or SEMAP troubled,or at risk of being designated as troubled,and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher(HCV)Only PHA-A PHA that administers more than 550 HCVs,was not designated as troubled in its most recent SEMAP assessment,and does not own or manage public housing. (4) Standard PHA-A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550,and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA-A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA-A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined,and is not PHAS or SEMAP troubled. A. PHA Information. A.I PHA Name: Va. Beach Dept. of Housing & Neighborhood Preservation PHA Code: VA039 PHA Type: ElSmall ®High Performer PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2021 PHA Inventory(Based on Annual Contributions Contract(ACC)units at time of FY beginning,above) Number of Public Housing(PH)Units U Number of Housing Choice Vouchers(HCVs) 2069 Total Combined 1Ub9 PHA Plan Submission Type: ®Annual Submission ❑Revised Annual Submission Availability of Information. In addition to the items listed in this form,PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s)where the proposed PHA Plan,PHA Plan Elements,and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally,the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan,but excluded from their streamlined submissions. At a minimum,PHAs must post PHA Plans,including updates,at each Asset Management Project(AMP)and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. ❑PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Program(s)not in the No.of Units in Each Program Participating PHAs PHA Code Program(s)in the Consortia Consortia PH HCV Lead PHA: Page 1 of 5 form HUD-50075-HP(12/2014) B. Annual Plan Elements B.1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA Plan submission? Y N ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. El 0 Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions. ❑ 0 Financial Resources. ❑ 0 Rent Determination. ❑ 0 Homeownership Programs. ❑ 0 Safety and Crime Prevention. ❑ 0 Pet Policy. ❑ 0 Substantial Deviation. ❑ 0 Significant Amendment/Modification (b) The PHA must submit its Deconcentration Policy for Field Office Review. (c)If the PHA answered yes for any element,describe the revisions for each element below: B 2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ 0 Hope VI or Choice Neighborhoods. ❑ 0 Mixed Finance Modernization or Development. ❑ 0 Demolition and/or Disposition. ❑ 0 Conversion of Public Housing to Tenant Based Assistance. ❑ 0 Conversion of Public Housing to Project-Based Assistance under RAD. ❑ ❑ Project Based Vouchers. ❑ El Units with Approved Vacancies for Modernization. ❑ 0 Other Capital Grant Programs(i.e.,Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b)If any of these activities are planned for the current Fiscal Year,describe the activities. For new demolition activities,describe any public housing development or portion thereof,owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process.If using Project-Based Vouchers(PBVs),provide the projected number of project based units and general locations,and describe how project basing would be consistent with the PHA Plan. We have a conditional commitment for PBVs for Tranquility at the Lakes II. The commitment is for 20 vouchers set aside for seniors (62+.) We also have a conditional commitment for 13 PBVs for 925 Apartments (formerly known as Westview Apartments.) B.3 Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5-Year Plan. Due to the pandemic, we were forced to work from home, which accelerated the need to eliminate forms. We created a video that has enabled us to do annual and intake briefings remotely, and have shortened some forms including the participant's declaration form, and eliminated forms that had been used at the annual that were only necessary at intake. We have been very successful in optimizing utilization; in January we were able to create a utilization plan for CY 2021 that has us set for the same number of new vouchers every month as early as March. Finally, in 2020 the City created a new 5 year comprehensive plan. We will target new PBV contracts to the City's Strategic Growth Areas. Page 2 of 5 form HUD-50075-HP(12/2014) B.4. Most Recent Fiscal Year Audit. (a) Were there any fmdings in the most recent FY Audit? Y N (b) If yes,please describe: Other Document and/or Certification Requirements. C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan Form 50077-ST-HCV-HP,Certification of Compliance with PHA Plans and Related Regulations,must be submitted by the PHA as an electronic attachment to the PHA Plan. C.2 Civil Rights Certification. Form 50077-ST-HCV-HP,Certification of Compliance with PHA Plans and Related Regulations,must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Resident Advisory Board(RAB)Comments. (a) Did the RAB(s)provide comments to the PHA Plan? Y N ❑ 0 If yes,comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. We held our RAB meeting virtually on March 8, 2021. We had 16 participants attend. There were no comments regarding the Plan. C.4 Certification by State or Local Officials. Form H l 1)50077-SL,Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan. D Statement of Capital Improvements. Required in all years for all PHAs completing this form that administer public housing and receive funding from the Capital Fund Program(CFP). D.1 Capital Improvements.Include a reference here to the most recent HUD-approved 5-Year Action Plan(HUD-50075.2)and the date that it was approved by HUD. Page 3 of 5 form HUD-50075-HP(12/2014) Instructions for Preparation of Form HUD-50075-HP Annual Plan for High Performing PHAs A. PHA Information.All PHAs must complete this section. A.1 Include the full PHA Name,PHA Code,PHA Type,PHA Fiscal Year Beginning(MM/YYYY),PHA Inventory,Number of Public Housing Units and or Housing Choice Vouchers(HCVs),PHA Plan Submission Type,and the Availability of Information,specific location(s)of all information relevant to the public hearing and proposed PHA Plan.(24 CFR§903.23(4)(e)) PHA Consortia:Check box if submitting a Joint PHA Plan and complete the table.(24 CFR&943.128(0) B. Annual Plan. B.1 Revision of PHA Plan Elements.PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA.To specify which elements have been revised,mark the"yes"box. If an element has not been revised,mark"no." ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income,very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA.The statement must identify the housing needs of(i)families with incomes below 30 percent of area median income (extremely low-income),(ii)elderly families and families with disabilities,and(iii)households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan,information provided by HUD,and other generally available data. The identification of housing needs must address issues of affordability,supply,quality,accessibility,size of units,and location. For years in which the PHA's 5-Year PHA Plan is also due,this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant-based assistance waiting lists. 24 CFR&903.7(a)(1)and 24 CFR§903.12(b).Provide a description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. For years in which the PHA's 5-Year PHA Plan is also due,this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant-based assistance waiting lists.24 CFR&903.7(aX2)(ii)and 24 CFR§903.12(b). ❑ Deconcentration and Other Policies that Govern Eligibility,Selection and Admissions. Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR§903.2(bX2)for developments not subject to deconcentration of poverty and income mixing requirements.24 CFR§903.7(b) Describe the PHA's procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists.24 CFR§903.7(b)A statement of the PHA's policies that govern resident or tenant eligibility,selection and admission including admission preferences for both public housing and HCV. (24 CFR&903.7(b)Describe the unit assignment policies for public housing. 24 CFR§903.7(b) ❑ Financial Resources. A statement of financial resources,including a listing by general categories,of the PHA's anticipated resources,such as PHA operating,capital and other anticipated Federal resources available to the PHA,as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program,and state the planned use for the resources.(24 CFR§903.7(c) ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units,including applicable public housing flat rents,minimum rents,voucher family rent contributions,and payment standard policies.(24 CFR&903.7(d) ❑ Homeownership Programs. A description of any homeownership programs (including project number and unit count)administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA's 5-Year PHA Plan is also due,this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y)of the 1937 Act. (24 CFR&903.7(k)and 24 CFR§903.12(b). ❑ Safety and Crime Prevention(VAWA). A description of: 1)Any activities,services,or programs provided or offered by an agency,either directly or in partnership with other service providers,to child or adult victims of domestic violence,dating violence,sexual assault,or stalking;2)Any activities, services,or programs provided or offered by a PHA that helps child and adult victims of domestic violence,dating violence,sexual assault,or stalking,to obtain or maintain housing;and 3)Any activities,services,or programs provided or offered by a public housing agency to prevent domestic violence,dating violence,sexual assault,and stalking,or to enhance victim safety in assisted families.(24 CFR§903.7(m)(5)) ❑ Pet Policy. Describe the PHA's policies and requirements pertaining to the ownership of pets in public housing.(24 CFR§903.7(n)) ❑ Substantial Deviation. PHA must provide its criteria for determining a"substantial deviation"to its 5-Year Plan. (24 CFR&903.7(rX2Xi) ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a"Significant Amendment or Modification"to its 5-Year and Annual Plan. Should the PHA fail to define`significant amendment/modification',HUD will consider the following to be`significant amendments or modifications': a)changes to rent or admissions policies or organization of the waiting list;b)additions of non-emergency public housing CFP work items (items not included in the current CFP Annual Statement or CFP 5-Year Action Plan);or c)any change with regard to demolition or disposition,designation, homeownership programs or conversion activities. See guidance on HUD's website at:Notice PIH 1999-51.(24 CFR&903.7(r)(2)(ii) If any boxes are marked"yes",describe the revision(s)to those element(s)in the space provided. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements,see 24 CFR 903.2.(24 CFR&903.23(b)) Page 4 of 5 form H UD-50075-HP(12/2014) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year,mark"yes" for those elements,and describe the activities to be undertaken in the space provided.If the PHA does not plan to undertake these activities,mark"no." ❑ Hope VI. 1)A description of any housing(including project name,number(if known)and unit count)for which the PHA will apply for HOPE VI;and 2)A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process.See guidance on HUD's website at:http://www.hud.gov/offices/pilUprograms/ph/hope6/index.cfm. (Notice PIH 2O10-30) ❑ Mixed Finance Modernization or Development. 1)A description of any housing(including name,project number(if known)and unit count)for which the PHA will apply for Mixed Finance Modernization or Development;and 2)A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process.See guidance on HUD's website at: http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2O10-30) ❑ Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs(including name,project number and unit numbers[or addresses]),and the number of affected units along with their sizes and accessibility features)for which the PHA will apply or is currently pending for demolition or disposition;and(2)A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's website at: http://www.hud.gov/offices/pih/centers/sac/demo dispo/index.cfm.(24 CFR 903.7(h)) ❑ Conversion of Public Housing. Describe any public housing building(s)(including project number and unit count)owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance;2)An analysis of the projects or buildings required to be converted;and 3)A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at:http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR&903.7(i)) ❑ Project-Based Vouchers. Describe any plans to use HCVs for new project-based vouchers.(24 CFR 4983.57(b)(1)) If using project-based vouchers, provide the projected number of project-based units and general locations,and describe how project-basing would be consistent with the PHA Plan. ❑ Other Capital Grant Programs(i.e.,Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan,a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year PHA Plan.(24 CFR&903.7(r)(1)) B.4 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings,mark"yes"and describe those findings in the space provided. (24 CFR 003.7(p)) C. Other Document and/or Certification Requirements C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.Provide a certification that the following plan elements have been revised,provided to the RAB for comment before implementation,approved by the PHA board,and made available for review and inspection by the public.This requirement is satisfied by completing and submitting form HUD-50077 SM-HP. C.2 Civil Rights Certification. Form HUD-50077 SM-HP,PHA Certifications of Compliance with the PHA Plans and Related Regulation,must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs;addresses those impediments in a reasonable fashion in view of the resources available;works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing;and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction.(24 CFR 4903.7(0) C.3 Resident Advisory Board(RAB)comments.If the RAB provided comments to the annual plan,mark"yes,"submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations.(24 CFR&903.13(c),24 CFR&903.19) C.4 Certification by State or Local Officials. Form HUD-50077-SL,Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan.(24 CFR§903.15) D. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program(CFP)must complete this section.(24 CFR 903.7(g 1) D.1 Capital Improvements. In order to comply with this requirement,the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan. PHAs can reference the form by including the following language in Section C.8.0 of the PHA Plan Template:"See HUD Form 50075.2 approved by HUD on XX/XX/XXXX." This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act,which added a new section 5A to the U.S.Housing Act of 1937,as amended,which introduced the 5-Year and Annual PHA Plan. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules,and requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families. Public reporting burden for this information collection is estimated to average 16.64 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. HUD may not collect this information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number. Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S.Code,Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit.The information requested does not lend itself to confidentiality. Page 5 of 5 form HUD-50075-HP(12/2014) 92 ITEM— VII.J.7 ORDINANCES/RESOLUTIONS ITEM#71469 The following registered to speak: Carl Eason, Attorney for the Applicant, 200 Bendix Road, Phone: 554-0223, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION Derek Duford,Applicant, 313 Ruddy Crescent, Phone: 559-381-6708, spoke in SUPPORT Melanie Boyd, 2812 Wood Duck Drive, Phone: 502-9924, did not respond Upon motion by Council Member Henley,seconded by Council Member Wilson, City Council DEFERRED TO APRIL 20,2021,Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 352 Tuna Lane located at the rear of 313 Ruddy Crescent re remove existing float and ramp,and construct and maintain a pier, open-sided roof, and boat lift Voting: 9-0 Council Members Voting Aye: 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 Michael F. Berlucchi—stepped out during vote April 6, 2021 93 ITEM— VILJ.8 ORDINANCES/RESOLUTIONS ITEM#71470 Upon motion by Council Member Henley,seconded by Council Member Wilson, City Council DEFERRED TO APRIL 20,2021,Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bass Inlet located at the rear of 344 Back Bay Crescent re construct and maintain a proposed pier,boat lift, and jet ski floats Voting: 9-0 Council Members Voting Aye: 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 Michael F. Berlucchi—stepped out during vote April 6, 2021 94 ITEM— VII.J.9 ORDINANCES/RESOLUTIONS ITEM#71471 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE one(1.0 FTE) Grant-Funded position in the Office of Emergency Management re support Flood Mitigation Assistance Program Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 1 AN ORDINANCE TO AUTHORIZE A GRANT-FUNDED 2 POSITION IN THE OFFICE OF EMERGENCY 3 MANAGEMENT TO SUPPORT THE FLOOD MITIGATION 4 ASSISTANCE PROGRAM 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 One grant-funded position (1.0 FTE) in the Office of Emergency Management is 10 hereby authorized to support the Flood Mitigation Assistance program, and the position 11 authorized herein shall be conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of April 2021 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '�k , _�• I Bt dget and l'Gtanagement Services ity 's 0 ice CA15365 R-1 March 24, 2021 95 ITEM— VILK.1 PLANNING ITEM#71472 The following registered to speak: Margery Ellis, Applicant, 5632 Free will Lane, Phone: 513-2499, spoke in SUPPORT Bernd Haase, 5628 Freewill Lane, Phone: 597-8481, spoke in OPPOSITION Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION Upon motion by Council Member Wooten, seconded by Council Member Wilson, City Council DENIED Application ofMARGERY&AJELLISfor a Conditional Use Permit re short term rental at 5632 Freewill Lane DISTRICT 1 - CENTERVILLE Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 96 ITEM— VILK2 PLANNING ITEM#71473 The following registered to speak: Kevin Yates, Property Manager, 700 Black Water Road, Phone: 817-501-8372, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION A motion was made by Council Member Wooten, seconded by Council Member Rouse, to APPROVE the Application ofJAIMEDYMONDfor a Conditional Use Permit re short term rental at 3817 Daiquiri Lane DISTRICT 1 - CENTERVILLE Voting: 3-7 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Jessica P. Abbott April 6, 2021 97 ITEM— VII.K.3 PLANNING ITEM#71474 The following registered to speak: Benjamin Abair, Applicant, 2515 Mortons Road, Phone: 652-9785, spoke in SUPPORT Sarah Houck, 5032 Lauderdale Avenue, Phone: 464-4989, spoke in OPPOSITION Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION A motion was made by Council Member Jones, seconded by Council Member Moss, to DENY the Application of BENJAMINA.ABAIR for a Conditional Use Permit re short term rental at 2513 Mortons Road DISTRICT 4-BAYSIDE Voting: 4-6 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones and John D. Moss Council Members Voting Nay: Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P. Abbott April 6, 2021 98 ITEM— VILK.3 PLANNING ITEM#71474 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Wooten, City Council APPROVED, AS CONDITIONED,Application of BENJAMIN A.ABAIR for a Conditional Use Permit re short term rental at 2513 Mortons Road DISTRICT 4-BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BENJAMINA.ABAIR for a Conditional Use Permit re short term rental at 2513 Mortons Road(GPIN 15707155670000) DISTRICT 4-BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2513 Mortons Road 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 or as approved by City Council. 3. As illustrated in the "Site Layout and Parking Plan" section of the Staff report, an entryway driveway apron meeting the minimum Public Works Specifications and Standards shall be added within ninety(90)days of City Council's approval of this request. All applicable building permits shall be obtained by the Permits and Inspections Division of the Department of Planning and Community Development prior to placement. 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 notes 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. April 6, 2021 99 ITEM— VILK.3 PLANNING ITEM#71474 (Continued) 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. 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 $1-Million. 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 $1-Million 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 April 6, 2021 100 ITEM— VII.K.3 PLANNING ITEM#71474 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`"day of April Two Thousand Twenty One. Voting: 6-4 Council Members Voting Aye: Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley, Louis R.Jones and John D. Moss Council Members Absent: Jessica P. Abbott April 6, 2021 ii 'I / /! e f,, * ,, a , V, ��e R5R f -wilte :' / / /f/ 44Ir ' /� • R5R �� i O�� ZZI i111* w .4,j V �► R5R e� 411/ 4a y / i lbe "411,1 If e I d o 7 '''.7 it .41, � trW q R5R 0 f O lam. / r: N WA Site Benjamin A. Abair w d4 Property_Polygons 2513 Mortons Road � E s QZoning Building Feet 1 Parking Lot Drive Aisle 0 1530 60 90 120 150 180 101 ITEM— VII.K.4 PLANNING ITEM#71475 The following registered to speak: John Richardson, Attorney for Applicant, 200 Bendix Road#300, Phone: 554-0252, spoke in SUPPORT Kristie Bailey, 533 13`h Street, Phone: 703-303-0259, spoke in OPPOSITION Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION Linda Davis, 51414`h Street, Phone: 284-5156, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED,Application of JOSEPH LAYNE DONOVAN for a Conditional Use Permit re short term rental at 525 13`h Street, Units A &B DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOSEPH LAYNE DONOVAN for a Conditional Use Permit re short term rental at 525 13`h Street, Units A & B (GPIN 24270544050000) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 525 25`h Street, Units A &B, 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 or as approved by City Council. 3. Additional driveway surface shall be added as illustrated in the parking plan found in the Staff report. The proposed surface material type and placement shall be submitted to the Zoning Administrator for review within sixty(60)days of the City Council public hearing. Once the Zoning Administrator's review is complete and a material type is approved, the driveway addition shall be placed within ninety (90) days. In addition, a building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 4. 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(2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. 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. April 6, 2021 102 ITEM— VILK.4 PLANNING ITEM#71475 (Continued) 6. 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). 7. 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. 8. 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. 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 $1-Million. 9. 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. 10. 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 Ores on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. 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. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. 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. April 6, 2021 103 ITEM— VILK4 PLANNING ITEM#71475 (Continued) 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. 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. 18. 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 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of April Two Thousand Twenty One. Voting: 6-4 Council Members Voting Aye: Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: Jessica P. Abbott April 6, 2021 R5Diiimiii_i,„m,, r' , R5S ' 0 , ,1/k ' I---ll il\___i to IIr0%..1 n/ -,--./ _--' � II\IR5S . t •� '.Aet gtree 0 \ 0 C\\ , \ \ -', \ '¼ * R5S3 �� • - �hi ' ‘1:: \ I o .% -� O1 \øI 104:C3-- ---- 0 0 ' \ i ;\ 0 R5DA 0_, R5D_..... I ,p,‘ t R'5v.D3,\ IA =�--��/' „ c ���h s eet i , \4w00_111041141\ (1) ello 13 1 - \ \ CI)ili \ i ,\::\, ,100.4 .Street R5S ' .� ,01ti f/' 13�h ,� ` R5D \, w- R5D %Wei , I —.A ,--- ...... — ___ 1111111111111111 vA Site Joseph Layne Donovan W Allh Property_Polygons 525 13th Streets, Units A & B s Zoning Building - immim mi .Feet r Parking Lot Drive Aisle 0 15 30 60 90 120 150 180 104 ITEM— VII.K.5 PLANNING ITEM#71476 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, did not respond Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION Nancy Parker, 513 21s`Street, Phone: 651-4848, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council DEFERRED TO MAY 4, 2021,Application of CESJB, LLC for a Conditional Use Permit re short term rental at 409 24th '/z Street DISTRICT 6—BEACH Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 105 ITEM— VILK.6 PLANNING ITEM#71477 The following registered to speak: Brandon Goodwin, Attorney for Applicant, 618 Village Drive, Phone: 351-1510, spoke in SUPPORT Enit Lulushi, Applicant, 528 Vanderbilt Avenue, Phone: 703-517-9772, spoke in SUPPORT Albert Lulushi,Applicant, 528 Vanderbilt Avenue, Phone: 703-517-9772, spoke in SUPPORT Paige Miyares, 932 Laskin Road, Suite 300, Phone: 201-2088, spoke in SUPPORT John Mannarino, 525 Vanderbilt Avenue, Phone: 714-9031, spoke in OPPOSITION Barbara Messner, P. O. Box 514, Phone:213-6674, spoke in OPPOSITION Andrea De'Angelo, 519 Vanderbilt,Avenue, Phone: 609-658-8421, spoke in SUPPORT Claire Yoder, spoke in SUPPORT Jan Perriello, 516 South Atlantic Avenue, Phone: 491-0908, spoke in OPPOSITION Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in SUPPORT Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of ALBERT&ENIT LULUSHI for a Conditional Use Permit re short term rental at 528 Vanderbilt Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ALBERT&ENIT L UL USHI for a Conditional Use Permit re short term rental at 528 Vanderbilt Avenue (GPIN 24263944406) DISTRICT 6— BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 528 Vanderbilt Avenue, 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 or as approved by City Council. 3. 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 notes 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. 4. 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). April 6, 2021 106 ITEM— VILK.6 PLANNING ITEM#71477 (Continued) 5. 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. 6. 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. 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 $1-Million. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. 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. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. April 6, 2021 107 ITEM— VILK.6 PLANNING ITEM#71477 (Continued) 15. 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. 16. 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 mon oxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6111 day of April Two Thousand Twenty One. Voting: 6-4 Council Members Voting Aye: Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: Jessica P.Abbott April 6, 2021 1 001.°..°..‘ Ilk i fi i ,_"________1 \i, ------ lido.Ili - ----. ---- ---13 _ Ili ' -----7:13 1,_ ; L \ _____ - , 0\ t t �: • RI 3 `R-1,0 513 y► .c . IL - - CD co illig \ \ 1; \ \ R10 0 _ (- _ if, di , \ :_.__-- .. ___...da c-,---- 1 II. .0111111 lila 1111 vallifill ��� Site Albert & Enit Lulushi ‘411111w ,I Property_Polygons 528 Vanderbilt Avenue S Zoning Feet - Building 0 1530 60 90 120 150 180 108 ITEM— VII.K.7 PLANNING ITEM#71478 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of CYNTHIA SHEPPARD for a Conditional Use Permit re short term rental at 304 28`h Street, Unit 201 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CYNTHL4 SHEPPARD for a Conditional Use Permit re short term rental at 304 28th Street, Unit 201 (GPIN 24280028662001) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 2861 Street, Unit 201 , 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 or as approved by City Council. 3. 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 notes 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. 4. 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). 5. 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. 6. 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. April 6, 2021 109 ITEM— VII.K.7 PLANNING ITEM#71478 (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 $1-Million. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. 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. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. 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. 16. 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 mon oxide detectors, shall be installed in each Short Term Rental. April 6, 2021 110 ITEM— VII.K.7 PLANNING ITEM#71478 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 61" day of April Two Thousand Twenty One. Voting: 7-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: Jessica P.Abbott April 6, 2021 d \O\ W 0 et r• 0 ____ ‘\ Q 'I r‘ th 0 V.i CN OSIV N� Avenue �-�' p ac�f�e �,- LO LO 1- re . _ . venue r O in O i pactf�c p' i , \ N ....,_ ._i. writ 0 0 04 \::::50\ \ Ill 1 ,t,a,\ 1 1 k 46 10 -. ' ' o " t' 1 \- -\---\�=N NAO to g *I 7 , t ' 7 IS ��;N�1 QJr u co , L \\400 . 461 .." = \ \ \ \ �o N el , 01.1' .___j % - ' /.a IF47 '' 1111"-- 0- -- r„ rue 1`r` ; % - 11X bliArctic p` ` -tn eoc-\a v. • �� Ein 1# \s � ij •fir_ O 1 40 -' 1 ,V- -- * X 1 , 0 ai q' % 5 gi ' J cn N C O (n 0_ N CO o G 0 - El I - 111 ITEM— VII.K.8 PLANNING ITEM#71479 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of RYAN SUMMERS for a Conditional Use Permit re short term rental at 304 28`"Street, Unit 113 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RYAN SUMMERS for a Conditional Use Permit re short term rental at 304 284' Street, Unit 113 (GPIN 24280028661012) DISTRICT 6 — BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 113, 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 or as approved by City Council. 3. 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. 4. 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). 5. 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. 6. 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. April 6, 2021 112 ITEM— VILK.8 PLANNING ITEM#71479 (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 $1-Million. 7. 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. 8. 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. 9. 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. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. 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. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. 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. 16. 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 mon oxide detectors, shall be installed in each Short Term Rental. April 6, 2021 113 ITEM— VII.K.8 PLANNING ITEM#71479 (Continued) This Ordinance shall be effective in accordance with Section 107(f0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`h day of April Two Thousand Twenty One. Voting: 7-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D.Moss Council Members Absent: Jessica P.Abbott April 6, 2021 46_,....7 -- . 1 \ 0' - w im i z .� , J o � � '� \ ce d w f 3 / o 0 , , 111"1-- \,.. 1 ce ,,, , 0 46' 0 Lc, c., ri,t, 0 - - \, . ,.. i ce HOL ,..• O flo \ . ------ c'i ce le 0cp\C s. -*' Tka c . • Ien c� acffic"A g o P -sue ce— anus r 0 o . - ------ & ' 12 ' ,, N ____--------1 ,A-Iii p t O ` o lo . \,,-' ,W, 'q I* 4• wk 0 '` -...• \PR li, s ii \ r's \All --AcCel T-- 1\ . -1C t'tt f2_\*. T7N Eci' -C), . i .....,,‘_ . E 4cr; \3 - \ 0 , co i 01 2 - \CL \ . ' •t, WO - (1)c rii -) 1)\* ce :0) : lel. >if- ‘,\ \ ___ 1 c,I „,\ w,, \\ * NO % \ '' ©Q cs Tr , ,:, _____ r�% -i- ---10.1 \ 1�r tis_ iiiixgri v iw_ . p'venuesli - ,,, t_____0001111 a en l Arct i�' TO, • A Lc,- i/ G2 _, ix owl \P', , rte ip QP — 0 % . 0 :,L) 0 1 (4 - = N • o > o 1 p 1 0 m cmc (/) 0- N CO CL ____ _6\,, ,,,,,_\\\ zt 11111114 dill , OFEI , 0 114 ITEM— VII.K.9 PLANNING ITEM#71480 The following registered to speak: Cortney Rose,Applicant, 721 13`"Street, Phone: 667-8487, spoke in SUPPORT Jennifer Lee, 72513`"Street, Phone: 703-731-4094, spoke in OPPOSITION Barbara Messner, P. O. Box 514, Phone:213-6674, spoke in OPPOSITION A motion was made by Council Member Tower, seconded by Council Member Rouse to APPROVE the Application of CORTNEY ROSE, TRUSTEE OF THE ROSE FAMILY TRUST/THE ROSE FAMILY TRUST for a Conditional Use Permit re short term rental at 721 13`"Street DISTRICT 6—BEACH Voting: 4-6 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: 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: Jessica P. Abbott April 6, 2021 115 ITEM— VII.K.10 PLANNING ITEM#71481 The following registered to speak: Richard Hall, Applicant, 947 Indian Circle, Phone: 321-432-7440, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council DENIED Application of RICHARD & PATRICIA HALL REVOCABLE LIVING TRUST for a Conditional Use Permit re short term rental at 947 Indian Circle DISTRICT 6—BEACH Voting: 10-0 Council Members Voting Aye: 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 April 6, 2021 116 ITEM— VILK11 PLANNING ITEM#71482 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of CHARLES K BAIN&KATHY BAIN for a Conditional Use Permit re short term rental at 915 Pacific Avenue, Unit A DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHARLES K. BAIN& KATHY BAIN for a Conditional Use Permit re short term rental at 915 Pacific Avenue, Unit A(GPIN 24272444111065) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 915 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than eighteen (18) feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 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 notes 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. April 6, 2021 117 ITEM— VII.K.11 PLANNING ITEM#71482 (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 $1-Million. 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 (res 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 $1-Million 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. April 6, 2021 118 ITEM— VII.K.11 PLANNING ITEM#71482 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`"day of April Two Thousand Twenty One. Voting: 7-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D. Moss Council Members Absent: Jessica P.Abbott April 6, 2021 -- <,,, \ \\ OR eet 7- „fir,--, %. -.‘ \\,:i t -1 ‘ tr iii \ .a., R5S \ OR %, A \ 0 \ 1 -- lo 6 1 ---- -OARAl 8 �\ \ 1DC. � OR � 11,, OR \- Le 1 /- \ 0., CD \ i/ )\ ee ii _7-_- - - Notion- Avenue 9th R-T3 _ RT3 \17 It A_ G R5S ,, OR \ Se„, N r A, Site Charles K. Bain & Kathy Bain w ,4 ,.: Property_Polygons 915 Pacific Avenue Unit A s ® Zoning Building sicCIIIIIII=Feet 0 20 40 80 120 160 200 240 I Parkins Lot Drive Aisle 119 ITEM— VII.L. APPOINTMENTS ITEM#71483 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN-HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE April 6, 2021 120 OLD BUSINESS ITEM#71484 Council Member Moss advised he is submitting correspondence he had with City Manager Duhaney pertaining to the Cavalier Hotel Easement Agreement which provides his questions and Mr. Duhaney's answers, attached hereto and made a part of the record. Council Member Moss advised when City Council was informed of the Cavalier Associates violating the Green Space Easement on the lawn of the Cavalier Hotel, the Body had many questions at the time which led him to believe there would be a follow-up City Council discussion and ultimately provide direction to the City Manager as a Body. Council Member Moss referenced a letter from City Manager Duhaney, where he indicates a majority of City Council concurred with approving Cavalier Associates proposed improvements. The letter did not name the City Council Members who made up the majority in deciding to allow the violation without any accountability, Council Member Moss requested the City Council Members who made up the majority, to identify themselves. Mayor Dyer advised the City has a City Council/Manager form of government that provides the City Manager discretion in making administrative decisions without City Council action. Mayor Dyer expressed his concern of"micro-managing", adding he does not believe it is fair for Council Member Moss to put City Council Members on the spot. Council Member Moss disagreed and referenced City Manager Duhaney's letter where he asked for City Council direction and indicated he would not act until after the City Council meeting tonight. Mayor Dyer advised Council Members have regular individual conversations with City Manager Duhaney and because he solicits the Body's opinion on many different issues, Mayor Dyer expressed his belief that City Manager Duhaney was aware of the pulse of the Body and took corrective action. Mayor Dyer warned against setting a precedence that limits the City Manager's ability to make administrative decisions. Council Member Moss advised the issue is "closed"and trusts the public understands the dialogue that has taken place tonight. Council Member Rouse advised the process for the Body providing direction to the City Manager needs to improve to prevent the City Manager from being questioned and improve the transparency among the Body. Council Member Henley advised she read the Easement Agreement and believes it is important for the public to understand that taxpayers paid for the visual appearance of the Cavalier lawn to be preserved, as seen from Pacific Avenue. The agreement provides exclusive access and use to the owner for catered and other events, allowing for temporary installations of tents and canopies, not to exceed fourteen (14) days. Council Member Henley advised the agreement further allows for the owner to request permanent changes that will not be seen from Pacific Avenue or change the eligibility of the Cavalier Hotel's status in the Virginia Landmarks Register or the National Register of Historic Places. Council Member Henley advised Cavalier Associates has apologized and she is satisfied. April 6, 2021 121 OLD BUSINESS ITEM#71484 (Continued) Council Member Tower responded to Council Member Moss, advising he was not part of the majority but as the property is within the Beach District and he is the Beach District Representative, has been open to ways the easement can be adjusted for different uses if maintaining the lawn space was impossible. Council Member Tower advised he wants to make it clear however that structures have been constructed above ground, in the easement space, and are visible from Pacific Avenue. Council Member Tower expressed his concerns with additional structures being added within the easement in the future and requested the City Manager's vigilance to ensure the easement is maintained. Council Member Berlucchi advised he has served on City Council for two (2)years and has not seen the Body adjudicate a permitting question, adding the reason is because the Body is a policy making Body and it is the City Manager's responsibility to enforce permitting violations. Council Member Berlucchi questioned the reasoning and appropriateness of discussions relating to the permitting violations. Council Member Moss advised he was not concerned with the permit and has focused on the Easement Agreement throughout his discussions. Council Member Wooten expressed her appreciation to City Manager Duhaney for informing the Body of this issue as he was not obligated to but by doing so,provided transparency. April 6, 2021 Cavalier Lawn Correspondence for Moss Due to Councilmember Moss COB Monday, April 05, 2021 1. Who are the named principals of Cavalier Associates LLC and their position titles? o According to Dun & Bradstreet, the principals are Bruce L. Thompson, Executive Director;John R. Lawson, Executive Director; Kelly Dasinger, Secretary; and D. Brian Carson, Chief Financial Officer. ■ See attached pdf titled "Cavalier Hotel Development Disclosure Statement"dated October 28, 2015 and confirmed accurate by the City Attorney's Office March 1, 2017 2. Who signed the Scenic Easement for Cavalier Associates LLC - name and title? o Robert M. Howard, Chief Investment Officer o Recorded Copy of Deed of Green Space Easement is attached as a pdf 3. Who signed the Scenic Easement for the City— name and title? o James K. Spore, City Manager o Recorded Copy of Deed of Green Space Easement is attached as a pdf 4. The exact amount paid, the date paid, paid to amount, and how transmitted for deposit and the source of the funds — budget category and line item as applicable and the percentage of the expenditure for the total appropriation for the category and line item as applicable in the budget year of the expenditure called for to conclude the agreement. o Consideration for the Deed of Green Space Easement was $2,370,000. It was paid as a part of the closing on the Cavalier project which occurred on July 19, 2013. Pursuant to Ordinance #3297A, the funds for the Green Space Easement were funded from Capital Project CIP#4-308 (Open Space Program Site Acquisition III) 5. Who, how, and when did the violation of the Agreement come to the City's attention to take action back in February and briefly describe the work that had taken place at the time of the City's agent first visual inspection after notification of a potential violation by the named part? o A citizen, Bernice Pope, contacted the Historic Preservation Planner, Mark Reed on February 5 to inquire about permits for the Cavalier Hotel to perform work on the property. She noted that work was taking place in the Green Space. On February 5, Mr. Reed requested Permits and Inspections to check on active permits for 4200 Atlantic Avenue. On February 10 a response was received that there was one active permit for interior work. o On February 15, Mr. Reed requested the Permits and Inspections Administrator, Scott Steen, to investigate work being done without a permit at the Cavalier Hotel. Complaint number 2021-CMPL-04001 was created on February 15. The work being done at the time was construction of an open structure with brick pavers and cinderblock walls. 6. Cut and paste the exact agreement language of that Cavalier Associates agreed in return for the specified sum of taxpayers' money received that specifies the obligation and approvals required before Cavalier Associates could modify the baseline property covered by the Scenic Agreement they signed. o Please see Sections 1(a)'and 2"in the endnote of this document as well as the attached word document of Deed of Green Space Easement. 7. Did Cavalier Associates comply with all the terms, conditions and requirements to begin the modifications of the baseline property covered by the Scenic Agreement before commencing the work that the City's agent at the time of his/her initial inspection of the Cavalier lawn upon? o No. They were required per the terms of the easement to obtain City approval prior to the commencement of any permanent changes. They did not. 8. If no, what terms, conditions, and requirements did Cavalier Associates not comply with in the sequence in which they were do occur to comply with the Scenic Agreement that Cavalier Associates voluntarily entered into for the sum specified (include the government controlling entity for each event sequence the document approval and activity to be concluded and documented that Cavalier Associates should have submitted in advance to receive an authorized modification of the Cavalier Lawn property covered by the scenic easement. o The Deed of Green Space Easement required the City pre-approve any permanent changes to the Green Space Area. The approval (or disapproval) is within the discretion of the City Manager. Cavalier Associates was also required to go through the normal City permitting process. They did not. 9. The name or names of the Cavalier Associates principals or authorized agents of Cavalier Associates that the City's agent(s) [names and titles] have engaged with on Cavalier Associates non-compliance the Scenic Easement agreement o Mr. Steen and his office have communicated directly with the contractor, Scott Taylor of Taylor Construction. Alexander Stiles of the City Attorney's Office has communicated telephonically and in writing (attached correspondence included) with K. Lee Westnedge, general counsel for Cavalier Associates, LLC. The City Manager has communicated telephonically with Bruce L. Thompson. 10. The names of the City Council members to include the dates and manner that have informally notified the City Manager that they have no objection to allowing the violation of the Scenic Easement to retroactively approved by the City Manager with no additional accountability imposed on Cavalier Associates o I will make the members of council aware of your request. 11. If City Council were to require Cavalier Associates to restore the Cavalier Lawn to its baseline condition under the Scenic Easement for which Cavalier Associates received in excess of two million dollars, please specify (cut paste below) the explicit wording of the Agreement that enables the City to take that action and specify the what, the who, the how and the when those actions would be executed. o Section 7 of the Deed of Green Space Easement provides remedies for breach as follows: "Upon a breach of any provision of this Easement, Grantee may pursue all available legal and equitable remedies, including injunction and specific performance, to prevent or seek remedy for such violation". 12. Do the taxpayers of Virginia Beach via City Council action possess the means to require tangible compensation and intangible consideration in return for approving retroactively? If yes what is the practical universe of options available to City Council? o The City could condition its approval on any terms it deemed appropriate. It could require monetary compensation, changes to the proposed improvements, or other consideration. If the City proposed terms not acceptable to Cavalier Associates, the approval would not be granted, and the improvements would not occur. The City could also go to court to enforce the terms of the Deed of Green Space Easement and ask for the area to be restored. Referenced from Question 6: o ' Grantor agrees that (i) the Lawn will be maintained as green space and open space in substantially the same form and appearance as it exists as of the Effective Date, including the landscaped "CAVALIER" ground sign and any other Green Space Features, and (ii) the Entrance Area will be maintained in substantially the same form and appearance as existing on the Effective Date, including preservation and maintenance of the existing serpentine walls and other Green Space Features. No material, permanent changes to the appearance of the Green Space shall be permitted without the Grantee's Consent; however, Grantor reserves full right to use the Lawn (including but not limited to use for catered and other events) and to make temporary (not to exceed fourteen (14) days) installations of canopies, tents or similar items for special events on the Lawn, and Grantor reserves the right to request permanent changes to the Lawn that do not materially affect the visibility of the Building from Pacific Avenue nor compromise listing of the Building on the National Register of Historic Places or the Virginia Landmarks Register (the "Historic Registries"), in accordance with the criteria established by the Historic Registries as of the Effective Date. In addition, Grantor shall have the right to make changes to the Green Space and Green Space Features to the minimum extent required by applicable law provided that Grantor shall use its best efforts to preserve the general appearance of the Green Space and Green Space Features and the listing of the Building on the Historic Registries in accordance with the criteria established by the Historic Registries as of the Effective Date. The portion of the Entrance Area which extends from the north of existing Cavalier Drive to the northernmost boundary of the Entrance Area (the "Cavalier Shores Area")is encumbered by the Cavalier Shores Encumbrances. Notwithstanding anything in this Easement to the contrary, Grantor shall have the right, without Grantee's Consent,to(a)perform in the Cavalier Shores Area its obligations under that certain Development Agreement dated as of the Effective Date among Grantor, Grantee, the Authority and Cavalier Associates Development, Inc., a Virginia corporation (the "Development Agreement") and its obligations under the "Other Agreements" as defined and described in the Development Agreement, including without limitation, the obligation to construct "Cavalier Drive" as set forth therein, (b) do any and all manner of things that are permitted under the Cavalier Shores Encumbrances, except that Grantor shall not have the right to remove or alter any of the Green Space Features, and (c) convey all or portions of the Cavalier Shores Area, subject to this Easement. 1. " Grantee Review Procedures. Grantee has the discretion when reviewing applications under Section 1,to give or withhold its Consent, conditionally or unconditionally. "Consent"as used herein, means that Grantee shall have given or withheld its prior written consent to the requested action or approval. 122 NEW BUSINESS ITEM#71485 Council Member Moss distributed a letter with his recommended alternatives to the proposed budget provided by City Manager Duhaney, attached hereto and made a part of the record. Council Member Moss expressed his appreciation to City Manager Duhaney and his staff for their openness. Council Member Moss advised the recommendations will be written as proposed Ordinances which will be provided to the Body in the Friday package. April 6, 2021 �14G1141.A•BP,4,, U 5 City of Virginia Beach • ¢ 0 S Op OUR NAZ10 VBgov.com JOHN MOSS PHONE:(757)636-1534 COUNCIL MEMBER-AT-LARGE April 6, 2021 JDMOSS@VBGOV.COM Dear Colleagues and Virginia Beach residents, In advance of the upcoming public hearings two weeks from now and a good three weeks in advance of budget reconciliation,this letter communicates my threshold [Alternative 1] and objective [Alternative 2] alternatives to the City Manager's recommendation. I do not want anyone to say that the public was not aware of my recommendations in advance of the public hearings. The public will certainly be more aware of my recommendations than any actions that may take place between budget reconciliation and actual adoption of the budget. The foregoing being shared, I have been socializing budget adjustments via social media since the City Manager's recommended budget was transmitted to both the public and City Council. Feedback has been mostly favorable, although anecdotal feedback is not statistically significant. It is not just School Board and City employees who are experiencing the financial stress imposed by the COVID-19 pandemic, and not benefiting from our K-shaped economic recovery. Most Virginia Beach households have received non-taxable payments from the Federal government under the CARES ACT and now the American Rescue Care Act. Fewer employees, and no seniors or federal employees (military and civilians)received additional bonuses last year like School Board and City employees. Unlike government workers at all levels, many of our Virginia Beach households have experienced unemployment, reduced wages, and demotions. Most that are still working did not receive a raise last year or the year before, creating financial hardship which, for some, includes a loss of their business or their home. My walk-abouts in the community find few people resenting or opposing the three percent raise even though they themselves do not receive the same generous retirement and leave benefits as City employees. Virginia Beach residents do find the across-the-board 5%raise for School Board employees as unsupportable. They actually use a lot stronger language expressed with emotional energy. Residents, in large part, support the 5%raise for teachers and share, when asked,that they support better pay for police officers. Almost universally, at some point in the conversation,they express that City Council should reduce taxes. I interpret the former statement as a question: where is my pay raise by reducing my taxes? The fiscal tools available to City Council do not empower us to make granular targeted progressive tax rates. We can and should adopt, at a minimum,the state law default revenue neutral tax rate of$0.9887 cents. It is true that a lower tax rate does not mean that the actual real estate taxes you pay will be less, as that is a function of your property's appreciation, or that an apartment owner or business owner will pass on any real reduction they receive in the prices they charge. The fact that we are not enabled by state law to exercise the flexibility we would like is not a reason to raise money that should remain in the private sector. Money that should remain in 4109 RICHARDSON ROAD.VIRGINIA BEACH.VIRGINIA 23455 2 the private sector is a pay raise too, though a much smaller one than the City Manager's current recommended 6.1% increase in revenues. If there is the will among a majority of this body to do the heavy lifting,then an even lower real estate tax rate is possible. A 5%raise and more for uniformed officers is doable, and the School Board should target a like raise for teachers in the classroom that actually make the lesson plans they teach, interact with students in a learning environment,put grades in the grade book in the evenings and weekends, call parents at night and on the weekends, and offer extra help to students after their normal work is over. The School Board should then target a 3%raise to all other employees. We cannot direct the School Board,but we can add our voice to the public's voice. It is going to be an unnecessary increased challenge to secure the voters' approval for a$455 million Flooding Mitigation Bond Referendum if we as a Council do not align both our available bond borrowing capacity to flood mitigation in anticipation of their approval and our revenues to the people's priorities by making the hard choices businesses and residents have to make, and if we do not adopt, at a minimum, a revenue neutral real estate tax rate of$0.9887. This is an achievement we should all find easy to accomplish well in advance of budget reconciliation and create the foundational credibility necessary to gain the voters' support for the downstream tax increases that will be necessary to fund the life cycle cost of a$455 million Flooding Mitigation Bond Referendum this November. I am recommending a threshold and objective real estate tax rate to the City Manager's recommended real estate tax rate of$1.0075 to $0.9887 and$0.98 respectively. Additionally,I am recommending: • Reallocating the proposed net increase of$69 million of our very limited available bond borrowing capacity from the School Board's six-year Capital Improvement Program(CIP)to accelerate school construction and modernization of Princess Anne High School, Betty F. Williams, and Bayside High School to the City Council's top priority public safety (people—police and property-flood mitigation). • Reallocating$4 million per year from General Fund"pay-go"in each year of the CIP to the Police Department for increased salaries and other compensation flexibilities and capital investments to be specified in the plan submitted by the Police Chief. Details and reasoning are provided in subsequent paragraphs. • Alternative 1: Threshold adds $1.9 million to Police Department for a total of$5.9 million by a 0.45%reduction in General Fund positions now proposed to be appropriated at one hundred percent. • Alternative 1: Threshold offsets the City share of the 1.88 cents real estate tax rate reduction from the City Manager's recommended rate of$1.0075 - $6.2 million—by increasing the vacancy rate in General Fund positions by 1.55% for a total of 2%. • Alternative 2: Objective builds on Alternative by reducing the real estate tax rate from $0.9887 to a flat$0.98. An additional $0.0087 reduction in the real estate tax rate equates to approximately $5.4 million. The City share would be approximately an additional $2.86 million. The School share would be approximately an additional $2.54 million. o Offsetting the City's share of$2.54 million could be absorbed by additional imposed vacancy rate in General Fund appropriated positions or eliminating the $1.9 million added to the Police Department,reducing pay go in the CIP an additional $700,000 across the six-year CIP, or other equivalent offset(for example, reducing the reserve for future pay adjustment from$3 million to $2.3 3 million in recognition of the impact in part of pay adjustment of uniformed police officers provided for in Alternatives 1 and 2). Other than increases to the Police Department and compensation adjustments for uniformed officers,no changes in compensation for City positions is provided for in Alternatives 1 or 2. Details and reasoning will follow in subsequent paragraphs. You may recall under state law that the real estate tax rate shall be established at the revenue neutral rate (in our case $0.9887) unless after a public hearing not sooner than ten days prior to a vote to establish a higher rate,the City Council by affirmative vote adopts a rate not in excess of the rate published for in the public hearing. As a refresher,the real estate tax rate proposed by the City Manager, $1.0075, represents a real estate tax rate increase of 1.88 cents (1.0075-.9887) or a 1.9015 percent real estate tax rate increase. A change from the current rate of$1.0175 to any rate higher than $0.9887 (state law revenue neutral rate) is not a rate reduction. A penny of the recoverable property real estate tax rate revenue is $6.2 million per the City Budget, which is less than the $6.33 million reported by the City Assessor due to the City's experienced collections of real estate owed. Threshold rate reduction: (final budget ordinance numbers to be provided by City Budget Office) To lower the real estate tax rate from $1.0075 to$0.9887 requires a revenue reduction in the total City budget(city and schools combined) of$11.7 million. The $11.7 million per the School Funding Formula is split roughly on 53 (city)/47(schools)percentage basis. The City required offset is an estimated $6.2 million. $11.7 million(6.2 million times 1.88) is just over one-half of 1%of the total City budget of approximately $2.2 billion,which is hardly a taxing, no pun intended, imposition on a less than totally lean budget to absorb. Families and businesses having to pay local tax rates proposed to us have experienced much worse reductions in their spending. Trust you are still with me on this walk. So where does the City share of offset, approx. $6.2 million come from you ask(School Board will have to decide how they want to balance with approximately $4.5 million less revenue, which also is not a threat to education quality). Pre- Covid/current execution year budget,the City historically experienced an annual vacancy rate of 4%to 5%. Yet,until most recently, every authorized position was funded as if it was filled every day—a zero vacancy rate This year the City Manager has fully funded all 7,375.83 plus positions, as if the City would experience zero vacancies. I believe that the City Manager is a smart guy and knows the City will never fully expend the resources for labor he has requested. Being the smart city manager he is,he has laid in trade-space that does not involve a major unraveling of his budget recommendation to allow for Council adjustments to meet the expectation and need for real estate tax relief for Beach residents. A one percent vacancy rate for General Fund positions yields $4 million. Therefore, funding FTEs at 98%versus 100% is far from a risky proposition. Two percent is half of the lower range of the average experience-based vacancy rates. When applied to General Fund positions, a 2% vacancy rate generates an$8 million potential revenue asset. $8 million is in excess of the . requirement to enact a real estate tax rate of$0.9887. Remember that adopting a real estate tax rate of$0.9887 requires an offset of approximately $6.2 million, which leaves an asset of$1.2 million on the table. 4 A program average vacancy rate of 1.55% is all that is needed to offset the $6.2 million. The additional 0.45 percent vacancy rate, for a total of 2%,would generate $1.9 million to increase funding for police annually. By reprogramming $4 million of General Fund"pay go" each year out of$20 million annually in the CIP, City Council could invest an additional $5.9 million next year to improve police pay to include recruitment and retention bonuses. Since public safety of people from violence is secured by uniformed police officers-and safety of property from flooding is maintenance of legacy drainage and creating new drainage capability and capacity, our adopted Operating Budget and CIP must give preferential priority to each. An annual $5.9 million increase in the Police Department beginning with next year's budget puts us on the right path to cure the manning deficiencies identified by the Police Chief on Tuesday, March 27,2021. Much more is possible if a City Council majority has a greater appetite for better aligning the budget to the public's priorities and taking measured risk in areas where additional risk taking is judged acceptable. Without an indication of a stronger appetite from a majority of my peers, I did not fmd it productive to provide more aggressive excursions. I do judge that Alternative 1 is a non-stretch goal by any measure that I trust you will fmd has broad appeal to the public we serve. I take no singular credit for what I have proposed. I have spoken with a number of you and your feedback was greatly appreciated. If you find things you like, I give the credit to others. If you find things you do not like, attribute that to me. Risk Assessment: The Revenue forecast on which the recommended budget was largely based was delivered to us last November. Back then, our GDP growth rate estimate looking forward was less than 3%. The consensus estimate of the GDP growth rate for this year is now 6%. The American Rescue Plan Act, independent of yet Congressionally passed and President enactment of an American Infrastructure Act, is going to drive up transactional revenues this year ahead of current estimates. It is not a stretch then to project that 80% of our population(estimated at 450,000), or 360,000 residents, will be receiving a$1,400 check this year, which comes to an estimated$504,000,000. Assuming just 50%is expended on sales transactions,the half-of-one cent sales tax that is directly passed back to the City exclusive of the school through put would generate an estimated additional $1.26 million in sales tax revenues over the baseline included in the proposed budget. The latter estimate does not include a multiplier effect that would produce additional revenue. It is also not a stretch to expect that the additional economic stimulus generated by other facets of local payments to NGOs,businesses, and individuals, distinct from the direct checks to households under the American Rescue Plan Act, will also generate revenues of at least a million over and above the current revenue forecast. On a conservative basis,that is an additional $2.2 million in revenue. Since this would be one-time s when realized, it would enable back filling of CIP requirements for the City and the Schools because these revenues are split transactional revenue sources. There is no downside risk under any reasonable criteria to conclude that Alternative 1 is easily executable. The only question is whether we as a City Council want to upgrade our revenue baseline for the budget we adopt, or reprogram additional funds out of CIP "pay-go"with a policy of backfilling with revenue generation in excess of the revenue baseline in the City Manager's recommended budget. 5 Way forward: I have asked the City Attorney working with the City Budget Office to put Alternative 1 into ordinance form so it will be available to both the public and you very shortly. Since the offset adjustments are not setting a new precedent and are executable with low risk, Council can quickly provide the compensation shaping tools to provide structural adjustments necessary to provide market competitive compensation to our uniformed police officers and provide force shaping incentives well to will enable the Police Chief to reverse the assessment,he gave us last Tuesday, March 23, 2021. The assessment was that the current on-board count, which is 100 less than his authorized uniformed officer force structure, is insufficient to meet the public safety mission he his assigned to perform. The Police Chief and the community, in the interim, are having to endure a less than acceptable level of risk and place an unsustainable readiness fatigue on our police officers. I petition you,my colleagues,to give serious consideration to my recommendation, and I petition the public to show their support consistent with their assessment of its merits. As I expressed earlier, I take no pride of authorship and this is an integrated compilation of inputs I have received and the application of my professional experience and personal observations of the community's health over the last sixteen months. I request that this letter be posted on the City's web page along with other budget documents to include the Alternative 1 budget ordinances when they become available. We can fashion and adopt a budget for next year that gives all the stakeholders a raise in one fashion or another. Sincerely, ecIpv.1` .ohn D. Moss cc: City Manager City Attorney City Clerk Virginia Beach Delegation to the General Assembly Virginia Beach School Board Virginia Beach Chapter of the Chamber of Commerce The Hotel Motel Association The Restaurant Association The Council of Civic Leagues Various social media postings 123 ADJOURNMENT ITEM#71486 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:06 P.M. • Terri H. Chelius Chief Deputy City Clerk A nda B r , MMC Robert M. Dyer City Clerk Mayor April 6, 2021 124 OPEN DIALOGUE The following registered to speak: BA Andrews, 820 Goldsboro Avenue, Phone: 971-8625, did not respond Wendy Hayslett, 2305 Shell Road, Lot#12, Hampton,Phone: 327-8253, spoke concerning the confederate statue Chris Shelby Gordon, Phone: 639-8561, spoke concerning noise ordinance between 7:00—8:00 A.M. Vincent Smith, P.O. Box 56680, Phone: 540-847-4766 spoke concerning gun rights Julie Aubrey, Phone: 358-7904, spoke concerning the shooting at the oceanfront Mark Gonzalez, 5036 Cl ffony Drive, Phone: 589-1875, spoke concerning the classification of commercial vehicles as defined in City Ordinance Japharii Jones spoke concerning the shooting at the oceanfront Barbara Messner spoke concerning public safety Carol Martins, 1268 Laskin Road#401, Phone: 822-0244, did not respond Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke concerning development at Cavalier Hotel Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, spoke concerning gun rights LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke concerning the shooting of Donovan Lynch Sheri Johnson, 1240 Christian Court, Phone: 515-2563, spoke concerning the shooting at the oceanfront Damien Stennett, 3501 Boyd Road, Phone: 367-1942, spoke concerning the shooting of Donovan Lynch Clayton Marquez, 1101 East 26`"Street, Norfolk, Phone: 738-8792, spoke concerning the shooting of Donovan Lynch Pastor Terrence Williams, 100 Palm Beach Place, Phone:241-0547, spoke concerning the shooting at the oceanfront Angie Day, 6132 Edward Street, Phone: 944-1734, spoke concerning the shooting at the oceanfront Carl Wright, spoke concerning the shooting at the oceanfront Merle Rutledge, Phone: 901-8920, did not respond Jamal Washington, 216 West 33rd Street, Norfolk, Phone: 282-9317, spoke concerning public safety Bilal Muhammad, 9434 Pt Bay, Norfolk, spoke concerning public safety Jacqueline Drewitt, 7424 Fenner Street, Phone: 998-3939, spoke concerning public safety Kayeana Mainor, 2150 Greenbrier, Chesapeake, did not respond Virginia Wasserberg, 4412 Sanibel Circle#401, Phone: 252-339-6214, spoke concerning public safety Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke concerning gun rights Mary Crozier, 412 Egert Landing#302, Phone: 252-864-1478, spoke concerning marijuana sales in the City April 6, 2021 125 OPEN DIALOGUE (Continued) Dr. Lisa Clarkson, Phone: 301-8822, spoke concerning development in the Fentress Airfield area Susan Loesberg, 1177 Starr Way, Phone: 641-3210, spoke concerning public safety Pat Gadzinski, 2005 Plowshares Court, Phone: 343-4431, spoke concerning public safety Christine Anderson, P. O. Box 56546, spoke concerning gun violence *Due to technical difficulties effecting the audio, the following registered speakers were unable to speak: Conrad Schesventer Dianna Howard Allison Green Susan Saltisiak Sarah Clark Mayor Dyer apologized for the technical difficulties and adjourned at 11:32 P.M. April 6, 2021